Full text of "Acts and resolves passed by the General Court"

See other formats

ACTS AND RESOLVES

Province cf the Massachusetts Bay.

Volume I.
1692— 1714.

THE

ACTS AND RESOLYES,

PUBLIC AND PRIVATE,

Province of the Massachusetts Bay:

TO WHICH AKE PREFIXED

THE CHARTERS OF THE PROVINCE.

HISTORICAL AND EXPLANATORY NOTES, AND AN APPENDIX.

rUBLISHED UNDER CHAPTER 87 OF THE RESOLVES OF THE GENERAL COUET

OF THE Commonwealth for the Year 1867.

YOLUME I.

BOSTON:

"WRIGHT & POTTER, PRINTERS TO THE STATE,
79 Milk Street, (Corner of Federal.)

1869.

PREFACE.

This edition of the acts and resolves of the Province of
the Massachusetts Bay was partly prepared under chapter 43
of the resolves of the General Court for the year 1865, which
authorized the appointment of three or more commissioners
"to prepare for publication a complete copy of the statutes
and laws of the Province and State of Massachusetts Bay,
from the time of the province charter, to the adoption of the
Constitution of the Commonwealth, including all the sessions
acts, private and public, general and special, temporary and
perpetual, passed from time to time by the General Court; all
incorporations of towns and parishes, and all other legislative
acts of legal or historical importance appearing on the records
of the General Court, with suitable marginal references to the
statutes and judicial decisions of the Province and Common-
wealth, the orders of the king in council, and to such other
authorities as, in their opinion, may enhance the value and
usefulness of the work; and to aj)pend to the same a com-
plete index."

The Commissioners appointed under this resolve were John
H. CLirroED, Ellis Ames, and Abner C. Goodell; and their
labors ended with the gathering and arranging of nine volumes
of public acts, from June 8, 1692, to June 17, 1774, and a
volume of tax acts from 1726, to Oct. 4, 1780, both inclusive,
(which, under a subsequent resolve,^ have become the property

« 1866, chap. 35.

VI PREFACE.

of the Commonwealth, and are now in the custody of the
Secretary) besides five vohimes of manuscript extracts from
the records commonly called the " General-Court Records,"
but which, for reasons hereinafter stated, have been uniformly
referred to in this edition as the "Kecords of the Governor and
Council" or, briefly, "Council Records." These extracts, it was
thought, contained everything of record which might assist in
interpreting the legislation of the Province, or illustrate the
history and progress of our jurisprudence during the provin-
cial period.

The manuscript materials collected hj the above Commis-
sion were fragmentary and disconnected; and, in strict observ-
ance of the letter of the above resolve, which seemed to require
exact copies, they could not be abridged or consolidated.
Hence, in order to render them useful to the public, by the
exclusion of much superfluous and irrelevant matter, and to
aiithorize their arrangement in a form more convenient than
the merely chronological order, it became evident that further
legislation was necessary; and that the preparation of an index
should be postponed until they had been thus properly com-
bined and carefully edited.

By the resolve of 1867, chapter 87, the obstacle above
described was removed; and the subscribers were commissioned
by Governor Bullock to carry out the purpose of that resolve,
including the contracting for the printing of one volume during
that year. The amount and nature of the manuscript materials
to be published, and the method of their arrangement were
left entirely to their discretion.

The materials for this work were diflScult of access, espec-
ially the printed portions which are extremely scarce. All
former editions of the province laws have long been out of

P K E r A C E . VII

print; and perfect copies of most of them are not to be fonnd
in our largest libraries. Still more rare are the printed acts of
the sessions, from which the earlier editions were compiled;
and without the use of the copies now in the Secretary's office,
the subscribers could not have been sure of preparing, even
if their labors had been much longer protracted, an edition so
full and so satisfactorily tested, as the one here offered.

The first edition of the province laws revised from the
printed sessions-acts was published in 1699, in one small-folio
volume, of one hundred and fifty-eight pages, besides the char-
ter and a brief index. It was prepared, in accordance with an
order of the General Court,^ by a joint committee consisting
of the Secee^ary,- Elisha CooirE and Samuel Sew all, of
the Council, and John Eyre, John Leveeett and John
White, of the House.

To this volume were added, from time to time, the printed
acts of the sessions, in the form of supplements, paged con-
tinuously, until 1713, when a new impression of the laws was
ordered to be "made with all convenient speed, wherein all
such laws as are repealed or expired shall be left out, and a
proper index, calculated for the whole, annexed."^

The committee chosen to perform this labor were the Sec-
retary, as before, and Penn Townsend, on the part of the
Coimcil, and Addington Davenport, on the part of the
House.^ This edition was completed, and distributed among
the members of the General Court, and the several towns in
the Province, by the fifth day of June, 1714,^ and is known
as the edition of that year,

' June 7, 1609. Council Records, vol. VH., p. 11.
" Isaac Addington.

' Nov. 5, 1713. Council Records, vol. IX., p. 290.
* Jb., vol. IX., p. 329.

Vni PREFACE.

Before the next American edition appeared, an edition was
prepared in London by direction and for the especial use of the
Lords Commissioners for Trade and Plantations. This volume
contains, besides the general title-page with an imprint dated
1724, a title-page to the charter with an imprint dated 1721;
but embraces no laws of a later date than 1719. It does not
appear how large an edition of this book was published, but
well-preserved copies are occasionally to be found on this side
of the Atlantic, one of which, bearing the autograph of Alured
Popple, who was Secretary of the Board of Trade at the date
of its publication, has been used by the subscribers in the
preparation of the present edition.

Li 1722 a new and more perfect index to the edition of
1714 and the supplementary acts, was prepared by Addington
Davenport, Paul Dudley and the Secretary,^ and was delivered
to each of the members of the General Court for the use of
their respective towns.^ The following session^ an order was
passed that all resolves in explanation of the laws be printed
with the acts of that session; that, upon a new impression of
the laws they be printed at the end of the acts they respec-
tively refer to; and that the several towns be supplied with all
the acts passed since the year 1714.

Li 1725 the edition of 1714 had become exhausted and
no complete copy was to be had of the stationers. At the first
session of the General Court, that year, therefore, it was voted
that a new impression of the laws then in force be "made as
soon as may be;"* but no further action was taken until the

' Josiah Willard.

« Mar. 14, 1721-2. Council Records, vol. XI., p. 269.

' June 26, 1722. Ih., p. 329.

♦ June 8, 1725. Ih., vol. XII., p. 335.

PREFACE. IX

next session, when it was resolved that "a new impression
.... be made with all convenient speed, wherein all such
laws as arc repealed or expired shall be left out, and a proper
index or table, calculated for the whole, annexed, and that
Addingto:?^ Davenport and Elisha Cooke, esquires, be a
committee to supervise the laws for that end and agree for
the impression on the best terms they can." ^

This edition Avas distributed among the towns as the for-
mer had been, and was completed early in January, 1727,~ or
1726, O. S., the latter year being the date of the imprint.

'No further revision was made during the next sixteen
years, although several attempts to that end by the House,
after 1733, were defeated by the non-concurrence of the Coun-
cil.' In 1740, the Council* concurred in a resolve of the House
for separate editions of the perpetual and temporary laws, with
an amendment, however, which was rejected by the House.
About three months later, a joint committee was appointed "to
consider whether it be expedient that there be a new impres-
sion of the laws of this Province, or only a new and correct
table fitted to the volume of laws already printed, and to make
report thereon;"^ and at the first session of the next General
Court,° a vote, originating in the House, was passed "that it
is necessary a new impression of the laws be made as soon
as conveniently may be; that all such laws as are expired,

' Dec. 24, 1725. Council Records, vol. XIII., p. 92.

* Jan. 2, 1726-7. Memorial of Benj. Elliot, printer; lb. p. 293.

3 June 2G, 1731. 2b., vol. XVI., p. 35; Jan. 25, 1736-7. lb., p. 349; June 30, 1737.
lb., p. 505; Jan. 6, 1737-8. lb., vol. XVII., book 1, p. 148; July 3, 1739. lb., book 2, p.
8; Mar. 19, 1739-40. lb., p. 2G0; July 11, 1740. lb., p. 382; Dec. 10 and 11, 1740. lb.,.
pp. 462, 463; July 14, 1741. lb., book 3, p. 9.

* Sept. 12. lb., vol. XVII., book 2, p. 429.
5 Dec. 27, 1740. lb., p. 479.

« July 17, 1741. lb., book 3, p. 19.

X PREFACE.

have been disallowed or rej)ealed, be left out of the hupres-
sion; that a committee be appointed by this court who shall
carefully revise the laws of this Province, shall make a good
and correct alphabet, insert proper marginal notes and refer-
ences, agree with some person upon the best terms to under-
take printing the same at the charge of the Province, and
shall correct the press." This edition was also to be dis-
tributed as the preceding editions had been.

The committee aj)pointed under this vote were Paul
Dudley and Samuel Daneoeth. Subsequently^ John Read
and Rowland Cotton were added by the House with the
concurrence of the Council; and at the same session a vote
was passed ^ authorizing the committee " to cause the tempo-
rary laws and those that arc not so, to be bound up either
in separate volumes or in one volume only, as, upon due
consideration, they shall see fit." Still further powers were
conferred upon the committee by an order passed at the follow-
ing March session,^ wherein they were instructed to "con-
sider what alterations may be properly made by drawing the
several amendments of some particular laws into entire acts,
as also what further alterations are necessary in such laws as
respect fines, penalties, fees and wages, which by the late estab-
lishment of lawful money will be greatly altered from the inten-
tion of the Legislature in the days when those laws were made ;
and the several acts relating to the establishing of and time
and places for holding the several courts ; vizt., the Superior
Court of Judicature, Court of Assize and General Gaol Deliv-
ery, Inferior Court of Common Pleas and Courts of General

1 July 30, 1741. Council Records, p. 44.
« Aug. 7, 1741. lb., p. 65.
3 March 27, 1742. lb., p. 283.

PREFACE. XI

Sessions of the Peace, into one entire act, and to report the
same to the next Session of the General Court to advise and
determine thereon."

This edition, which Avas pubhshed in two volumes, is known
as the edition of the acts, temporary and perpetual, respec-
tively, of 1742.

]^o attemjDt to again revise the laws appears to have been
made mitil the year 1752,^ when Lieutenant-Governor Phips
communicated to the Assembly an article of instruction which
had been received from the Lords Justices of the Privy Coun-
cil, directing the General Court " to consider and revise all and
every the laws, statutes and ordinances which are in force,
except such as are of a private nature, and in lieu thereof to
frame and pass a complete and well-digested body of new laws
under such regulations as the said instruction directs." He
reminded the Council and Representatives that many of the
laws are " obsolete, and others by frequent additions, expla-
nations, amendments and alterations are rendered difficult to
be understood and variously construed and practised upon."
After recommending and submitting to them a copy of a
plan of revision wdiich had "been executed by one of his
Majesty's other governments^ with good success," he concluded
by urging that " as it is a work that will require much time
and close application," they could not too soon engage in it.

The above recommendation, meeting with no response from
either branch of the Legislature, was renewed a few weeks
later/ whereupon the Council passed an order ^ appointing a

' Dec. G, 1752. Council Kccords, vol. XIX., p. 500.
« The Colony of Virginia.

=* Jan. 3, 1753. Council Records, vol. XIX., p. 533.
* lb., p. 534.

Xn PEEFACE.

committee to prepare an answer to the Lieutenant-Governor's
messages, which order was never returned from the House.

Later, the subject of revising the laws, according to the
plan proposed by the Lords Justices, was renewed and ear-
nestly pressed by Governor Shirley in a sjDcech^ to the Assem-
bly fully setting forth the advantages of such a work, and
arguing against numerous objections which seem to have been
made by members of the Assembly, among which were these, —
that the repeal of any portion of the new revision would work
a repeal of the whole; and that the disallowance of the acts
as revised would not revive the original acts which were to
be repealed by the revision.

A joint committee was appointed^ to consider this speech
and to report at the next session " what it may be proper for
this court to do thereon." Their report was made at the
March session, 1754, and was referred without further action
to the next session.^ In this report the committee approved
of the Governor's proposal, so far as to recommend that the
laws in force "be revised and where any amendments or alter-
ations, either as to form or substance, shall be thought neces-
sary in any particular laws, that such laws, and no other, be
anew drawn and laid before the Court in order to their pass-
ing on the same ; that particular regard be had to the sev-
eral instances of perplexities in the laws as pointed out in his
Excellency's speech, and that a committee of both Houses be
now appointed for the services aforesaid, and be required forth-
with to attend the same and to make report of their doings
to the General Assembly of the next year."*

' Jan. 18, 1754, Council Records, vol. XX., pp. 164-166.
« Jau. 22, 1754. lb., p. 172.
3 April 18, 1754. 76., p. 236.
" Mass. Archives, vol. 47, p. 390.

PREFACE. Xin

The Governor once more called the attention of the As-
sembly to this subject in 1756/ and again urged what he
had " repeatedly recommended to former assemblies," adding
that the condition of the laws was " not only dishonorable
to the Legislature but must be of bad consequence to the
people of the government ; " but although this appeal resulted
in the reference of this subject to an able committee/ no
further action appears to have been taken.

In the mean time steps had been taken by the Assem-
bly^ for the reprinting of the temporary laws ; and an order
passed in 1754/ that the Speaker (Thomas Hubbard), Sajm-
UEL Wells and James Otis, on the part of the House, and
Samuel Danforth and Joseph Py:n^chon, on the part of the
Council, " be a committee, as soon as may be, to cause such of
the laws now in force which have not been bound up either
among the temporary or perpetual laws to be inserted in their
proper places ,* and if any of them are out of print to cause
the same to be reprinted ', and that the titles of such laws
be inserted in a i^age at the beginning of the respective law-
books." This was followed, the next session, by an order ^
appointing and instructing the same committee " as soon as
may be to cause the temporary laws to be reprinted," and a
year later this edition, known as the edition of 1755, was
completed'' and ordered to be distributed. An index was pre-
pared for this volume, under an order subsequently passed,^

' Aug. 21, 1756. Council Records., vol. XXI., p. 250.

* This committee, appointed Aug. 2G, 1756, consisted of Samuel Danforth, Stephen
Scwall and William Brattle, of the Council, and the Speaker (Thomas Hubbard), Samuel
Wells, Jeremiah Gridley, James Otis and Thomas Flucker, of the House.

3 Dec. 13, 1753. Council Records, vol. XX., p. 109.

* Jan. 24, 1754. lb., p. 175. * April 9, 1754. lb., p. 205.
0 Order to the printer, Apr. 24, 1755. lb., p. 437.

' May 30, 1755. lb., vol. XX., p. 456.

XIV PREFACE.

by Samuel Danforth, who also prepared the indexes to the
edition of 1742.^

The next action taken by the Legislature respecting a
revision of the laws was in the December session, 1758, when
an order, originating in the House, was passed " that there

be a new impression of the perpetual laws," and

Pratt,^ Thomas Goldthwait and Thomas Flucker, of
the House, and Samuel Danforth and Stephen Sewall,
of the Council, were appointed a committee for that purpose,^
and ordered to employ a proper person "to prepare an index
of the heads of the laws." This edition, which is known as
that of 1759, the date of the imprint, was finished and ordered
to be distributed April 9, 1761.^

During the session at which the above order for printing
the perpetual laws was passed, a committee was appointed to
revise the temporary laws and "make report what laws are
expired or near expiring and which of them they shall judge
best to be revived and made temporary, and which of them
they shall judge expedient to be made perpetual."'^ This and
two other attempts made during the next four years were
equally unsuccessful, and it was not until the May session,
1763, that the order passed for " a new impression of the
temporary laws, with a table to the same " ; '^ and Thomas
MoREY, Thomas Goldthwait, and Thomas Clapp, of the
House, and William Brattle and Tho3ias Flucker, of the

' Memorial of Samuel Danforth, Feb. 3, 1764. Council Records, vol. XXV., p. 190.

2 Whether Thomas, of Maiden, or Benjamin, of Boston, it does not appear; but
probably the latter, who was, afterwards, Chief Justice of New York.

3 Feb. 10, 1759. Council Records, vol. XXII., p. 560.

4 lb., vol. XXIII., p. 709.

5 Jan. 9, 1759. lb., vol. XXII., p. 470.
e May 30, 1763. lb., vol. XXV., p. 11.

PKEFACE. XV

Council, were appointed to superintend the j)ubli cation thereof.
This edition is known as the edition of the temporary laws,
of 1763.

Subsequently, and prior to the Revolution, several attempts
were made to revise the provincial laws, and to correct the
errors and supply the omissions of the old editions, but with-
out success.^ At the May session in 1771 a committee
reported through James Otis, a member thereof, " that they
find a great number of the standing laws omitted in the last
impression, and some in the impression of the last but one, of
the perpetual laws, and also some laws left out of the last
impression of the temporary laws, and therefore are humbly of
opinion that it is absolutely necessary that there should be a
completely new impression of the perpetual and temporary laws
of this Province, and that a committee of this court be
aj)pointed to transact the business in the recess, so far as to
revise said laws and make a full collection of the same, and
to report at the next session of this court what of said laws
are necessary to be printed."^ This report was accepted and
a committee appointed accordingly, which failed to receive the
Governor's approval.^ In 1773 an order was passed to the
same effect, in the preamble of which it was declared that
" many towns and districts within this province are destitute
of the province laws, they being out of print and not to be
purchased ; " but this order also failed to meet the approval
of the Governor and was the last action, looking to a revision
of the laws, that was taken before the Revolution.

1 June 21, 1771. Council Records, vol. XXIX., p. 71; June 3 and 5, 1772. /&., pp.
239 and 243; Mar. 5, 1773. Ih., p. 5G3.

2 June 21, 1771. Ih., vol. XXIX., p. 71.

3 March 5, 1771. Ih., p. 503.

XVI PREFACE.

After the adoption of the Constitution, which provides^
for the continuance of " all the laws which have heretofore
been adopted, used and approved in the Province, Colony or
State of Massachusetts, until altered or repealed by the Legis-
lature ; such parts, only, excepted as are repugnant to the
rights and liberties contained " in the Constitution, the first
published collection of the province laws appeared in the appen-
dix to the edition of the laws of the Commonwealth, known as
the edition of 1801. This edition was prepared by I^athan
Dai^e, George Richards MmoT and Joiix Davis, under
the resolve of Feb. 28, 1799, authorizing the publication of
"a new edition of the Statute Laws of this Commonwealth,
passed or to be passed previous to the end of the present ses-
sion of the General Court, revised or unrevised." The acts
and clauses of acts printed in the appendix purported to be
only those of the "late Colony, Province or State of Massachu-
setts which are either unrevised, or respect the title to real
estate," divided into eighty-two chapters and contained in two
hundred and thirteen pages, at the end of the second volume.

This edition was reprinted, in 1807, by order of the Legis-
lature, and continued to be the only collection in use until it
was superseded by the more complete edition of 1814.

The edition last named was prepared by I^athan Dane,
Joseph Story and "William Prescott, under the resolve
of Jan. 15, 1812, and was ixiblished under the title of "The
Charters and General Laws of the Colony and Province of
Massachusetts Bay." The principal labor of editing this use-
ful work it is understood was entrusted to the Hon. James
Savage, who of all those immediately employed upon the work
alone survives.

» Chap. VI., Art. VI.

PREFACE. XVII

This volume contained, besides the charters of the Colony
and Province, laws of both governments, and acts passed dnr-
ing the Revolution, extending through six hundred and sixty-
eight pages, the first one hundred and seventy-one pages of
which were of laws and clauses of laws of the Colony ; and
an appendix of one hundred and twenty-two pages, containing
acts and other legislative proceedings not included in the pre-
vious chapters. This edition has long been out of print.

From the foregoing sketch all that has been herein be-
fore said of the extreme scarcity of the early impressions will
be readily inferred. It is, perhaps, impossible at this day to
collect a perfect series of the printed acts as they were issued
at the end of each session during the provincial period, and
the collection above referred to as deposited in the Secretary's
office, in which several of the missing sessions-acts have been
supplied either in MS. or from the revised editions, is ]3roba-
bly more nearly perfect than it is possible to make another.^
Among the papers of the Privy Council and Board of Trade
now preserved in the Public Record Office in London, a few
scattered leaves of these printed laws are all that have been
discovered of those which were required, by the Charter and
the orders in Council, to be sent to England for the Royal
approval or disallowance.

"With regard to the early editions, those of 1699 and
1714 are among the rarest of rare books; and the copies of

^ Tlie collection above referred to contains copies of all the sessions-acts in the
order in which they were printed during or after the several sessions ; but it does
not include acts printed, separately, for special purposes, which were not embraced in
the sessions-pamphlets, nor original impressions of the sessions-acts between 1G97 and
1699 (which arc supplied by MS. copies of the original impressions,) nor original impres-
sions of the sessions-acts printed from and after the May session of 1711-12 until the
May session of 1714, which are not known to be extant. These last arc supplied from
later editions.

XVIII PREFACE.

them now extant, like those of the later editions, are nsiially
found without the supplements. The value of a complete col-
lection of the supplements will be more apparent after the
statement that of the public acts printed in the first volume
of the present edition, the engrossments of thirty-eight have
been missing from the Secretary's office more than forty j^ears,
and of these the original bills of two only have been found ;
and the precarious character of the only materials now avail-
able to an editor of these laws is further shown by the fact
that in the same volume about fifty acts do not appear to
have been previously printed.

The subscribers were saved much labor in transcribing,
by the liberality of the Essex Institute, the library of which
contained a large collection of the old editions, including
some volumes formerly owned by members of the commission
for printing the edition of 1814, all of whom were members
of the Essex bar and contributors to the library of the Essex
Historical Society, which was merged into the Institute. Upon
representing the nature of the work in which they were
engaged, and the important use which could be made of the
rarer editions and supplements owned by the Institute, towards
completing the series which was being prepared for the Com-
monwealth, and in furnishing the printers with " copy," the
subscribers were promptly supplied with all the materials they
asked for.

So far as was practicable all the laws of this edition have
been carefully compared with the original engrossments : the
exceptions are those acts the engrossments of which are miss-
ing, and seven others, being all that remain of sixteen acts
which in 1735, had either been lost, or so damaged by vermin
and otherwise as to have become illegible, and which were

PREFACE. XIX

then re-engrossed by Mr. Secretary "Willarclj under an order of
the General Court, and therefore cannot strictly be considered
originals. Comparisons have, nevertheless, been made with these
in the same manner as with the original engrossments, and all
dilFerences in important words, syllables or letters between the
MSS. and the printed acts have been carefully marked: all in-
terpolations in the printed acts, in Italic letters, inclosed in
brackets; [tJius^; and all omissions, in Roman letters, similarly
inclosed; [thus].

Each act, also, requiring division has been divided into
sections, except 1693-4, chap. 3, which was originally thus
divided ; and the punctuation and use of capital letters have
been corrected according to modern usage, except in a few
instances of unpublished acts, which were literally followed.

With regard to the charters, however, the subscribers did
not feel authorized to vary from the originals in any respect.
By the well-known maxim that all instruments are to be con-
strued, in the law, without reference to punctuation, these
instruments ought to be sufficiently intelligible though totally
devoid of points. The subscribers, therefore, in strictly follow-
ing the unpunctuated MSS. have, without rendering any clause
more ambiguous than the original, thus avoided the errors into
which an attempt to punctuate might lead, as it did in the
copy of the charter of 1691 in the edition of 1814, where at
least one such error is retained from former editions. In the
charters, also, the words inclosed in brackets are such as are
omitted in the manuscripts, being generally supplied from
former printed copies.

An important error in the duplicate charter of 1691, pre-
served in the Secretary's office, is for the first time, it is be-
lieved, pointed out in the note to chapter 4, of the acts of

XX P R E r A C E .

1698, although not corrected in the body of the instrument as
herein printed.

The attestation and signatures of the Lords Commission-
ers of the Great Seal, which have been omitted in previous
editions of the charter, are here inserted.

In typography and size of the page these volumes have
been made uniform with the General Statutes of the Com-
monw^ealth; and in the arrangement of the laws, as a general
rule, all acts heretofore printed have been placed before the
unprinted acts of the same session although the latter were, in
many instances, passed previously.

In other respects the arrangement of the acts is not strictly
chronological, nor could it be made so without disarranging the
order uniformly pursued in the early editions. Even the edition
of 1814, which professes to be thus arranged, is clearly not so.
Ko reason has been discovered for the adoption of the appar-
ently irregular sequence of the laws in the printed sessions-acts
and in the subsequent editions; but it was not deemed advisa-
ble, in this particular, to institute a change which would be
neither important nor useful to the pubhc at the present day,
and which would add to the labor of editing, and render a
comparison with former editions and with contemporaneous doc-
uments relating to onr laws, both here and in the Public
Record Office, more tedious and perplexing.

"With regard to the enumeration of the chapters the sub-
scribers deemed it desirable, in order to avoid confusion and
to facilitate reference, that some period longer than one session
should limit each series. Though they were well aware that
every session is a separate court, and that both precedents
and analogy favor the grouping of acts accordingly, except in
cases of revision or consolidation of the laws, still, in a work

PREFACE. XXI

embracing so long a period as the duration of the Province,
the great number of sessions and the comparatively few acts
passed at each session, seemed to require a more convenient
method of arrangement, even though there were no omission of
acts, as in former editions, where, partly on this account, the
chapters were enumerated by years or consecutively through-
out the volume. The system of division which, upon the
whole, seemed most proper and convenient was, according to
the assemblies in vuliich they ivere, respectively, enacted. All
the acts, therefore, of each separate assembly have been num-
bered consecutively, and, at the same time, the several sessions
have been marked by distinct captions. A similar system was
adopted in the revision of the general laws of the Common-
wealth, in 1823, except that in that edition the sessions are
not designated, and the period through which the acts of the
respective courts are numbered, coincides, invariably, with the
political year, — a circumstance rendered unavoidable by the
provisions of the Constitution, under which but one general
court can assemble in any one year, whereas, under the prov-
ince charter, more than one assembly might be convened in
the course of twelve months, each of which might enact
laws. Such extraordinary courts were actually held under the
charter, but so seldom, and then with such attendant circum-
stances, as to make the question of a possible difficulty in
applying the above system practically unimportant.

The following are believed to be the only instances of the
issuing of writs for a second assembly to be held within the
year; viz., Nov. 8, 1603; Mar. 10, 1702-3; Dec. 15, 1714; July
13, 1720; Aug. 23, 1721; Nov. 22, 1727; Feb. 10, 1730-31-
July 8, 1741. By the third and seventh of these assembliet.
no acts were passed, and by the rest, acts were passed after

XXn P E E F A C E .

the last day of December in the political years in which they
were, respectively, held; Avhich acts may readily be distinguished
from the legislation of the previous assemblies, by the double
numeration of the year, indicating the old style.

A more difficult problem was the devising of some simple
and uniform method of enumerating the acts according to the
year of the reign of the sovereign under whom they were
passed, agreeably with the English practice which was, of
course, followed here in provincial times. Obstacles in the
way of this attempt were found in the different numbers
applied to the same chapters in different former editions, and
in the want, in those editions, of uniformity in the periods
of enumeration. There were other difficulties, ])ut it appear-
ing that these incongruities had not been avoided either in
the marginal notes or, even, in some of the acts, the attempt
to harmonize them was abandoned.

To illustrate the difficulties above-mentioned by a few
examples taken at random: the acts of the May session, 1727,
arc uniformly placed, in former editions, under 13, Geo. I.,
but, since the demise of the crown occurred on the eleventh
of June, all acts of this session passed after that date should
be referred to 1, Geo. II., if the regal year is strictly fol-
lowed; but if the integrity of each session is to be preserved
regardless of the termination of the regal year within it, then,
clearly, there is no propriety in enumerating 1692-3, ch. 46,
(which is really 5, W. & M., chap. I.,) as 4 and 5, "W. &
M. — a practice pursued in this and similar cases in all former
editions except the last, and sanctioned by its adoption by the
Legislature either in the preamble or in the body of several
acts, in imitation of the usage of Parliament. Still less con-
gruous, in the edition of 1712, is the numbering as chapter

P R E P A C E . XXin

I., both, the Ad to ^9r6^•e?i^ coparceners, &c., from committing
waste, (jjc., passed at the October session, 1727, and the Act
in addition, &c., to the act for liigliivays, passed at the
N^ovember session, of the same year, (which, as has been
said, was the first year of George the Second,) while in this
and other editions, consecutive enumerations are made of acts
passed by different assemblies.^

The non-observance of strictly chronological order in the
arrangement of the acts, as previously stated, presented still
another difficulty; thus, 1711-12, chap. 1, of the present edition,
would be 10 Ann., ch. I., and chapters 6, 7, and 11 would be
11 Ann., chapters I., 11. and III., respectively, if arranged
according to the dates of their enactment. Again, the effect
of the omission of acts repealed or expired is shown in the
editions of 1726, 1742, and 1759, where 1711-12, chapters 2
and 5, of this edition, are given as 10 Ann., chaps. II. and
lY., 10 Ann., chaps. I. and II., and 10 Ann., chaps. II. and
III., respectively.

It would seem that it must always have been inconvenient
to number the acts of the provincial legislature according to
the year of the sovereign's reign. This practice obtained in
Parliament where, before the 7 and 8 "Wm. III., ch. XV., and
6 Ann., ch. YII., a dissolution followed, ipso facto, a demise of
the crown: and at all times before and since those acts the
royal flat was necessary to the passing of an act, so that, since
where no act of legislation had been performed there could be
no session, all acts were referable to some year or years of a
particular sovereign's reign, to be determined by the dates of
the beginning and end of the session in which they vfere

' For instance, November Session, 1731, and May Session, 1732, in the editions of
1742 and 1759.

XXIV PREFACE.

passed. The parliament could be apprised of the death of the
sovereign as soon as a message could be conveyed from the
royal bed-chamber to Westminster, and could take immediate
action accordingly; but the legislatures of distant provinces
could not receive the tidings until weeks or months had inter-
vened, during which time legislation might have proceeded as
under the late sovereign. This was actually the case in the
May session, 1727, before alluded to.

Much confusion and useless labor, therefore, it is thought,
have been avoided in this edition by referring all dates to the
Christian era, simply; and by appending to each volume a chro-
nological table showing the date of every demise of the crown
during the period in which the acts therein contained were
passed and giving the calendar date of the beginning and end
of every year of each sovereign's reign.

The marginal notes of the old impressions have been re-
tained because, having been prepared by competent persons, in
most cases contemporaneously with the acts against which they
are placed, and having been approved by succeeding assemblies
and adopted by the compilers of later editions, they appeared
to be nearly of equal authority with the acts themselves. Kef-
erenecs to other acts have, however, been made according to
the enumeration of this edition.

All reported decisions of the Supreme Judicial Court in
which any act of the Province is referred to, have been noted
in the margin opposite the act or section to which they relate.
Occasionally, also, cases have been noted wherein some point
was determined which appeared to have been covered by an
act, although the act was overlooked or not referred to in the
report; for instance, the references to 1 -Gray, 119, in 1691:-5,

PREFACE. XXV

chap. 5, § 5, and to Commonwealth v. Manning/ in 1698, chap.
2, in this vokime.

Since, by the charter, all acts that were disallowed by the
crown within three years after having been laid before the
Privy Council, were upon notice of such disallowance to the
Governor for the time being, ijjso facto, repealed, the date of
every such disallowance has been placed in the margin, and
the reasons given therefor have been set forth in a note at the
end of the chapter, verbatim, from the orders in council or from
the "representations" or letters of the Lords of Trade.

At the end of each act the date of its passage is given
and, where the same could be ascertained, the date of its publi-
cation; also, when the bill was not signed on the day of its
passage, the date of the Governor's approval is added.

The publication herein referred to was not the distribution
of the printed acts, after each session, but the public proclama-
tion, made by an authorized officer, at the town-house, in the
market-place, or elsewhere, according to ancient usage.^

After the last chapter of the acts of every assembly such
other notes are given as, it was thought, would serve to illus-
trate the history and meaning of any acts and the purposes
for which they were passed, and show the objections made

» Essex Co., 1794, 3 Dane Abr., ch. 71, art. 5, §§ 8-10.

* In 1673, the General Court ordered that all laws and orders of every session,
thought fit to be published, be " read in the markctt place at Boston vpon the fifth day,
being a lecture day, w"'in ten dayes after the end of such sessions, which, being per-
formed, is and shallbe accounted sufficient publication." — (Mass. Colony Becords, vol. IV.,
part II., pp. 562-3; . According to the ancient practice, in England the sheriflT made
proclamation by virtue of the king's writ. Mar. 15, 1700-1, IMr. Sheriff Gookiii was
allowed £3 for his expense in publishing the acts; and in 172G John Dorrell, deputy
sheriff, was allowed £7 13.9. 6d. for cash paid for beating drums, and for his own service
in publishing the acts of the General Assembly. — Council Hccords, vol. VII., p. IGG, and
vol. XIII., p. 160.

XXVI P K E F A C E .

against them, whether here or in the British conncils ; and
how they were affected by subsequent orders, determinations
and declarations of the General Court, many of which are not
known to have been printed.

The materials for these notes are, principally, from tAVO
sources; viz., the records of the Governor and Council previ-
ously alluded to, and the archives of the Public Record Office,
London, which contain, besides other useful memoranda, the
books and files of the Privy Council and of the Lords Commis-
sioners for Trade and Plantations.

The former, though usually called " General-Court Pec-
ords," are properly the legislative records of the Governor and
Council, and do not contain any doings of the House except
such as were communicated by message or otherwise, or were
done jointly with the Council. The proceedings of the House
were separately recorded in its Journals which were regularly
printed after the year 1714.

These records of the Council, however, should not be con-
founded with another series of records, in the Secretary's office,
of their doings in their executive and judicial capacity.

The records referred to consist of duplicate series, one of
which remains in the Secretary's office, the other being depos-
ited in the State Library. The latter, which seemed to bear
indications of being the original record, is the series uniformly
referred to in this edition with the exception of vol, XVH.,
which is missing from that series, and which, about twenty years
ago, was supplied from the British archives to complete the
series in the Secretary's office. The copy of vol. XVH. so
obtained is in five books, although but one number is allowed
in either series' for the missing records. These have been re-
ferred to as " vol. Xyil., books 1, 2, 3," &c.

PKEFACE.

xxvn

As all bills passed to be enacted were presented for the
Governor's approval and thus became of record m the upper
branch of the Assembly, these records of the Governor and
Council furnish data of great use in determining the time of
passage and approval of acts, and in testing the completeness
of the series of acts here collected.

From these records all extracts have been given verhatim;
and, in the words of a distinguished historian, and son of one
of the commissioners to prepare the edition of 1814, the sub-
scribers "have scrupulously conformed to the ancient orthog-
raphy, however obsolete . . . rather than impair in any degree
the integrity of the original document." ^

Several of the resolves which, in this edition, are printed
in the notes to the acts to which they relate, were printed in
accordance with the order of May session, 1722, herein before
referred to, but as the paging of former editions is so various,
no reference has been made to their places in those editions.^

The materials from the Public Record Office were obtained
by the assistance of "W. Koel Sainsbury, esquire, of that office,

' Prescott's Conquest of Mexico, preface, p. 10.

* Tlie following table exhibits the numbers of the pages in the sessions-books, and
In the various editions of the laws, upon which all the resolves contained in the present
volume, which have been heretofore printed, may, respectively, be found: —

DATE

OF KESOLVE.

Act referred to.

Session
I'agc.

ITll.

ITSC.

i-y^s.

1750.

Page.

Pas".

Page.

June 22

1704, .

1G92-3, ch. 22,

282

Aug. 15

1707, .

1G92-3, ch. 28,, § C,

318

19G

193

July 2

1708, .

1099, ch. 1, .

324

200

112

lOG

May 28

1718, .

1700, ch. 4, .

3GG

141

126

113

Dec. 1

1720, .

1G98, ch. 11, .

3G6

Mar. IS

1720, .

1C99-1700, ch. 2G, .

3G7

134

Dec. 2

1720, .

1G92-3, ch. 28, § 4,

3G7

Mar. 27

1722, .

170G-7, ch. 4,.

3G7

190

IGO

154

XXVIII PREFACE.

whose relations to the department in which he labors are such
as to give to copies made by him or under his supervision the
authority of official transcripts.

With these general notes are also printed the titles of all
private acts passed by each General Court, and of all public
acts no copies of which have been found; lists of all engross-
ments, preserved or lost; and lists of such acts as are believed
to be here printed for the first time ; ^ together with occasional
references to unpublished MSS., and to such historical works
and collections as contain matters in explanation or corrobora-
tion of statements made upon other authority.

All acts of Parliament in force in or affecting the Province;
all private acts, in full ; all votes of the General Court granting
lands, establishing districts, precincts and parishes, and determin-
ing territorial l30undaries ; all votes, in the nature of declaratory
acts or judicial decisions, concerning the interpretation of the
chai'ter, the rules of the common law, and the jurisdiction and
powers of the judicial courts ; all executive action in respect
to the organization of tribunals and the appointment of public
officers in which, by the charter, the legislature had no part;
and all decisions of parliamentary law, are reserved for the
appendix ; to which it has been deemed proper to add a com-
plete list of the sessions of the General Court, and such mat-
ters of historical importance, found in the public records, as
seemed of use to illustrate the progress of civilization, the
amelioration of laws and manners, and the action of physical

' Although, ill the notes above mentioned certain acts are said to be printed for
the first time, in this edition, this statement is to be understood to imply, merely, that
the editors have no knowledge that those acts Avere previously printed. In most cases,
it may be added, the enumerations of the pages of the sessions-acts show that those
publications could not have included the acts supposed to be unprinted; and the editors
have found no evidence that the latter were printed separately.

PREFACE. XXTTT

causes which affect society directly, or in their operation upon
the sources of human comfort and sustenance.

It is a matter of gratulation, surely, that the original en-
grossments of the province laws, incomplete though they be,
have so generally withstood decay and the ravages of vermin,
and have been preserved from the conflagrations Avhich, more
than once, during the provincial period destroyed so many
valuable public records and files • and it is not less fortunate
that there were societies and individuals interested in the
preservation of the printed acts, before the late improvements
in paper-making had increased their value for the manufacturer's
jmrposes.

Of the present attempt to render the permanent existence
of these acts more certain, the subscribers desire to express the
hope that the fidelity with which they have performed the
duty entrusted to them will prove to be commensurate to the
importance of the subject of their labors, and that the use-
fulness of this work has not been impaired by any wrong or
imperfect conception of the needs of the profession or of the
desires of the public.

ellis ames.

ab:nek chekey goodell.

BosTOi^^, March, 1869.

PROVINCE CHARTERS.

169I AND 1726.

THE CHARTER OF THE PROVINCE

MASSACHUSETTS -BAY.

illtam $^ itlars bg tl)e grace

of God King and Queene of England Scotland
France and Ireland Defenders of the Faith &c ®0
nU to whome these presents shall come Greeting
U^hiCVifHiSi his late Majesty King James the First Our
Royall Predecessor by his Letters Patents vnder the Greate Scale of Kecitaithat
England hearing date at Westminster the Third Day of November granted to the

^ T^ • T /-I • -, r-i Council at Ply-

Ill the Eighteenth veare of his Reigne did Give and Grant vnto the mouth m Dev-

" ■' onshire

Coiincill established at Plymouth in the County of Devon for the
Planting Ruleing Ordering and Governing of New England in
America and to their Successors and Assignes all that part of America
lying and being in Breadth from Forty Degrees of Northerly Lati-
tude from the Equinoctiall Line to the Forty Eighth Degree of the
said Northerly Latitude Inclusively, and in length of and within all — aii that part

•' "^ ' T n m of Amencafrom

the Breadth aforesaid throughout all the Mam Lands from Sea to 40 to is degrees

'-' north latitude,

Sea together alsoe with all the firme Lands Soiles Grounds Havens and from eea to

° sea,

Ports Rivers Waters Fishings Mines and Mineralls aswell Royall
Mines of Gold and Silver as other Mines and Mineralls Pretious
Stones Quarries and all and singular other Comodities Jurisdiccons
Royalties Priviledges Franchises and Preheminences both within
the said Tract of Land vpon the Main and alsoe within the Islands
and Seas adjoyning ^xov'u\tiX alwayes that the said Lands Islands or
any the premisses by the said Letters Patents intended or meant to
be Granted were not not* then actually possessed or Inhabited by
any other Christian Prince or State or within the bounds Limitts or
Territories of the Southern Collony then before granted by the said
late King James the First [to be plantedf ] by divers of his Subjects
in the South parts %0 ^aw and to hold possesse and enjoy all and —tohoidinfee;
singular the aforesaid Continent Lands Territories Islands Heredi-
taments and Precincts Seas Waters Fishings with all and all manner
of their Coinodities Royaltyes Liberties Preheminences and
Profitts that should from thenceforth arise from thence with all and

* Sic.

t These words occur in the printed copies, but are not in the original. See also Colony charter.

2 Province Charter.

singular their appurtenances and every part and parcell thereof
vnto the said Councill and their Successors and Assignes for ever to
the sole and proper vse and benefitt of the said Councill and their
Successors and Assignes for ever ©0 he holden of his said late
Majestic King James the First his Heires and Successors as of his
Mannor of East Greenwich in the County of Kent in free and Com-
on Soccage and not in Capite or by Knights Service U^iWiwo and
paying therefore to the said late King his Heires and Successors the
-jajang the Fifth part of the Oar of Gold and Silver which should from time to

fifth part of the . ^

oreof £oidand time and at all times then after happen to be found gotten had and
obteyned in att or within any of the said Lands Limitts Territories
or Precincts or in or within any part or parcell thereof for or in
respect of all and all manner of duties demands and services what-
soever to be done made or paid to the said late King James the
first his Heires and Successors (as in and by the said Letters Patents
amongst sundry other Clauses Powers Priviledges and Grants
-that the coun- therein conteyned more at large appeareth §nwT W\ltxm^ the said
gran*t^^^°'sir CouuciU established at Plymouth in the County of Devon for the
andothers^^^ Planting Rulcing Ordering and Governing of New England in
America Did by their Deed Lidented vnder their CoiSon Seale
bearing Date the Nineteenth Day of March in the Third yeare of
the Reigne of Our Royall Grandfather King Charles the First of
ever Blessed Memory Give Grant Bargaine Sell Enffeoffe Alien and
Confirme to Sir Henry Roswell Sir John Young Knights Thomas
Southcott John Humphreys John Endicot and Simond Whetcomb
—part of New their Heircs and Assines and their Associats for ever All that part of
tarn bound^s Ncw England in America aforesd which lyes and extends betweene
a great River there coinonly called Monomack ais Merrimack and
a certaine other River there called Charles River being in a Bottom
of a certaine Bay there coiiionly called Massachusetts ais Matta-
chuseetts ais Massatusetts Bay And alsoe all and singular those
Lands and Hereditaments whatsoever lying within the space of
Three English Miles on the South part of the said Charles River or
of any and every part thereof And alsoe all and singuler the Lands
and Hereditaments whatsoever lying and being within the space of
three English Miles to the Southward of the Southermost part of
the said Bay called the Massachusetts ais Mattachusetts ais Massa-
tusetts Bay And alsoe all those Lands and Hereditaments whatsoever
which lye and be within the space of three English Miles to the
Northward of the said River called Monomack ais Merrimack or to
the Northward of any and every part thereof And all Lands and
Hereditaments whatsoever lying within the Limitts aforesaid North
and South in Latitude and in Breadth and in length and longitude
of and within all the Breadth aforesaid throughout the Main Lands
there from the Atlantick and Western Sea and Ocean on the East
parte to the South Sea on the West part and all Lands and Grounds

Province Charter. 3

Place and Places Soile Woods and Wood Grounds Havens Ports
Kivers Waters Fishings and Hereditaments whatsoever lying within
the said Bounds and Limitts and every parte and parcell thereof and
alsoe all Islands lying in America aforesaid in the said Seas or either
of them on the Western or Eastern Coasts or Parts of the said Tracts
of Land by the said Indenture menconed to be Given and Granted
Bargained Sold Enfifeoffed Aliened and Confirmed or any of them
And alsoe all Mines and Mineralls aswell Roy all Mines of Gold and
Silver as other Mines and Mineralls whatsoever in the said Lands
and Premisses or any parte thereof and all Jurisdiccons Rights Roy-
alties Liberties Freedoms linunities Priviledges Franchises Prehe-
minences and Comodities whatsoever which they the said Councill
established at Plymouth in the County of Devon for the planting
Ruleing Ordering and Governing of New England in America then
had or might vse exercise or enjoy in or within the said Lands and
Premisses by the same Indenture menconed to be given granted
bargained sold enffeoffed and confirmed in or within any part or
parcell thereof ®fl '^nvi and to hold the said parte of New England — to hold in fee;
in America which lyes and extends and is abutted as aforesaid and
every parte and parcell thereof And all the said Islands Rivers
Ports Havens Waters Fishings Mines Mineralls Jurisdiccons Fran-
chises Royalties Liberties Priviledges Coihodities Hereditaments
and premisses whatsoever with the appurtenances vnto the said
Sir Henry Roswell Sir John Young Thomas Southcott John
Humphreys John Endicott and Simond Whetcomb their Heires and
Assignes and their Associates for ever to the only proper and abso-
lute vse and behoofe of the said Sir Henry Roswell Sir [John*]
Joungf Thomas Southcott John Humphryes John Endicott and
Simond Whetcomb their Heires and Assignes and their Associates
for evermore ®0 be holden of Our said Royall Grandfather King
Charles the first his Heires and Successors as of his Manner of East
Greenwich in the County of Kent in free and Comon Soccage and
not in Capite nor by Knights Service ^eiltliiitj mA paying therefore —paying, &c.
vnto Our said Royall Grandfather his Heires and Successors the
fifth part of the Oar of Gold and Silver which should from time to
time and at all times hereafter happen to be found gotten had &
obteyned in any of the said Lands within the said Limitts or in or
within any part thereof for and in satisfaccbn of all manner of
duties demands and services whatsoever to be done made or paid to
Our said Royall Grandfather his Heires or Successors (as in and by
the said recited Indenture may more at large appeare ^nA Wkmw^ That King
Our said Royall Grandfather in and by his Letters Patents vnder letters patents

, _ " *' confirmed to Sir

the Greate Scale of England bearing date at Westminster the Hem-yRosweu

-^ o o ^jj^ others

Fourth Day of March in the Fourth yeare of his Reigne for the
Consideracon therein menconed did grant and confirme vnto the

* Omitted in the original. -f £f^.

4 Province Charter.

said Sir Henry Roswell Sir John Young Thomas Southcott John
Humphreys John Endicott and Simond Whetcomb and to their
Associates after named (vizt) Sir Ralph* Saltenstall Kn* Isaac John-
son Samuell Aldersey John Ven Mathew Craddock George Harwood
Increase Nowell Richard Perry Richard Bellingham Nathaniell
Wright Samuell Vassall Theophilus Eaton Thomas Golfe* Thomas
Adams John Browne Samuell Browne Thomas Hutchins William
Yassall William Pincheon and George Foxcroft their Heires and
Assignes All the said part of New England in America lying and
extending betweene the bounds and limitts in the said Indenture
-all those exprcsscd and all Lands and Grounds Place and Places Soiles
granted to them Woods and Wood Grouuds Havens Ports Rivers Waters Mines

by the Council

at Plymouth, Mincralls Jurisdiccons Rights Royalties Liberties Freedomes Imuni-
ties Priviledges Franchises Preheminences and Hereditaments what-
soever bargained sold enffeoffed and Confirmed or menconed or
intended to be given granted bargained sold enffeoffed aliend and
confirmed to them, the said Sir Heniy Roswell Sir John Young
Thomas Southcott John Humphreys John Endicott and Simond
Whetcomb their Heires and Assignes and to their Associates for ever
by the said recited Indentu[r]e W(f §iav^ and to hold the said part of
New England in America and other the Premisses thereby menconed
to be granted and confirmed and every parte and parcell thereof
with the appurtenances to the said Sir Henry Roswell Sir John
Young Sir Richard Saltenstall Thomas Southcott John Humphreys
John Endicott Simond Whetcomb Isaac Johnson Samuell Aldersey
John Ven Mathew Craddock George Harwood Increase Nowell
Richard Perry Richard Bellingham Nathaniel Wright Samuell
Vassall Theophilus Eaton Thomas Golfe Thomas Adams John
Browne Samuell Browne Thomas Hutchins William Vassall William
Pincheon and George Foxcroft their Heires and Assignes for ever to
their own proper and absolute vse and behoofe for evermore ^0 be
holden of Our said Royall Grandfather his Heires and Successors as
of his Manner of East Greenwich aforesaid in free and comon
Soccage and not in Capite nor by Knights Service and alsoe yeilding
and paying therefore to Our said Royall Grandfather his Heires and
Successors the fifth part only of all the Oar of Gold and Silver
which from time to time and at all times after should be there
gotten had or obteyned for all Services Exaccons and Demands
whatsoever according to the tenour and Reservacon in the said
recited Indenture expressed §^ud Uvitxtx Our said Royall Grand-
father by the said Letters Patents did Give and Grant vnto the said
Sir Henry Roswell Sir John Young Sir Richard Saltenstall Thomas
Southcott John Humphreys John Endicott Simond Whetcomb Isaac
Johnson Samuell Aldersey John Ven Mathew Craddock George
Harwood Encrease Nowell Richard Perrey Richard Bellingham

* Sic.

Province Charter. j

Nathaniel Wright Samuell Vassall Theophilus Eaton Thomas Golfe
Thomas Adams John Browne Samuell Browne Thomas Hut[c]hins
William Yassall William Pincheon and George Foxcroft their Heires
and Assignes All that part of New England in America which lyes
and extends betweene a Greate River called Monomack ais Merri-
mack Eiver and a certaine other River there called Charles River
being in the Bottom of a certaine Bay there comonly called Massa-
chusetts ais Mattachusetts ais Massatusetts Bay and alsoe all and
singular those Lands and Hereditaments whatsoever lying within
the space of Three English Miles on the South part of the said
River called Charles River or of any or every part thereof and
alsoe all and singuler the Lands and Hereditaments whatsoever
lying and being within the space of Three English Miles to the ^^J^^^l^^
Southward of the Southermost part of the said Bay called Massa- descriptions,
chusetts ais Mattachusetts ais Massatusetts Bay And alsoe all those
Lands and Hereditaments whatsoever which lye and bee within the
space of Three English Miles to the Northward of the said River
called Monomack ais Merrimack or to the Northward of any and
every parte thereof And all Lands and Hereditaments whatsoever
lyeing within the limitts aforesaid North and South in Latitude and
in Breadth and in length and Longitude of and within all the
Breadth aforesaid throughout the Main Lands there from the
Atlantick or Western Sea and Ocean on the East parte to the South
Sea on the West parte And all Lands Grounds Place and Places
Soils Wood and Wood Lands Havens Ports Rivers Waters and
Hereditaments whatsoever lying within the said bounds and limitts
and every part and parcell thereof And alsoe all Islands in America
aforesaid in the said Seas or either of them on the Western or East-
ern Coasts or partes of the said Tracts of Lands thereby mencdned
to be given and granted or any of them And all Mines and Mineralls
aswell Royall Mines of Gold and Silver as other Mines and Miner-
alls whatsoever in the said Lands and premisses or any parte thereof
and free Libertie of Fishing in or within any of the Rivers and
Waters within the bounds and limitts aforesaid and the Seas there-
unto adjoyning and of all Fishes Royall Fishes Whales Balene
Sturgeon and other Fishes of what kind or nature soever that
should at any time thereafter be taken in or within the said Seas or
Waters or any of them by the said Sir Henry Roswell Sir John
Young Sir Richard Saltenstall Thomas Southcott John Humphryes
John Endicott Simond Whetcomb Isaac Johnson Samuell Aldersey
John Ven Matliew Craddock George Ilarwood Increase Nowell
Richard Perrey Richard Bellingham Nathaniel Wright Samuell
Vassall Theophilus Eaton Thomas VTolfe Thomas Adams John
Browne Samuell Browne Thomas Hutchins William Vassall William
Pincheou and George Foxcroft their Heires or Assignes or by any

6 Province Charter.

other person or persons whatsoever there Inhabiting by them or any
ToCf Kuci^ of them to be appointed to Fish therein ^xovUM alwayes that if
posse'sLu ™ *^^^ ^^^^ Lands Islands or any the premisses before menconed and by
rights, ^Ijq gj^j^i Letters Patents last menconed intended and meant to be

granted were at the time of granting of the said former Letters
Patents dated the Third Day of November in the Eighteenth yeare
of the Reigne of his late Majesty King James the First actually
possessed or inhabited by any other Cliristian Prince or State or were
within the bounds Limitts or Territories of the said Southern Col-
lony then before granted by the said King to be planted by divers
of his Loveing Subjects in the South parts of America That then
the said Grant of Our said Royall Grandfather should not extend to
any such parts or parcells thereof soc formerly inhabited or lying
within the bounds of the Southern Plantacon as aforesaid but as to
those parts or parcells soe possessed or inhabited by any such Chris-
tian Prince or State or being within the boundaries aforo/'esaid
-tohoidinfee: should be vtterly void 51^0 '^Mt and to hold possesse and enjoy the
said parts of New England in America which lye extend and are
abutted as aforesaid and every part and parcell thereof and all the
Islands Rivers Ports Havens Waters Fishings Fishes Mines Mineralls
Jurisdiccons Franchises Royalties Riverties* Priviledges Coinodities
and premisses whatsoever with the Appurtenances vnto the said Sir
Henry Roswell Sir John Young Sir Richard Saltenstall Thomas
Southcott John Humphreys John Endicott Simond Whetcomb
Isaac Johnson Samuell xVldersey John Ven Mathew Craddock George
Harwood Increase Nowell Richard Perry Richard Bellingham
Nathaniell "Wright Samuell Yassall Theophilus Eaton Thomas Golfe
Thomas Adams John Browne Samuell Browne Thomas Hutchins
William Vassall William Pincheon and George Foxcroft their
Heires and Assignes for ever To the only proper and absolute vse
and behoofe of the said Sir Henry Roswell Sir John Young Sir
Richard Saltenstall Thomas Southcott John Humphryes John Endi-
cott Simond Whetcomb Isaac Johnson Samuell Aldersey John Yen
Mathew Craddock George Harwood Increase Nowell Richard Perry
Richard Bellingham Nathaniell Wright Samuell Yassall Theophilus
Eaton Thomas Golfe Thomas Adanis John Browne Samuell Browne
Thomas Hutchins William Yassall William Pincheon and George
Foxcroft their Heires and Assignes for evermore ^0 be holden of
Our said Royall Grandfather his Heires and Successors as of his
Manner of East Greenwich in the County of Kent within the
Realme of England in free and CoiHon Soccage and not in Capite
—paying, &c. nor by Knights Service And alsoe yeilding and paying therefore to
Our said Royall Grandfather his Heires and Successors the Fifth
part only of all the Oar of Gold and Silver which from time to
time and at all times thereafter should be gotten had and obteyned

* Liberties.

Province Charter. 7

for all services Exacbns and demands whatsoever ^uv'xAttl alwayes
and his Majesties expresse Will and meaning was that only one
Fifth parte of all the Gold and Silver Oar above menconed in the
whole and no more should be answered reserved and payable vnto
Our said Royall Grandfather his Heires and Successors by colour or
vertue of the said last menconed Letters Patents the double reser-
vacbns or recitalls aforesaid or any thing therein conteyned notwith-
standing And to the end that the affaires and buisnesse which from
time to time should happen and arise concerning the said Lands f^^^^^^p^Q^ilt"?^"^
and the Plantacons of the same might be the better mannaged and
ordered and for the good Government thereof Our said Royall
Grandfather King Charles the First did by his said Letters Patents
Create and make the said Sir Henry Roswell Sir John Young Sir
Richard Saltenstall Thomas Southcott John Humphreys John Endi-
cott Symond Whetcomb Isaac Johnson Samuell Aldersey John Ven
Mathew Craddock George Harwood Increase Nowell Richard Perry
Richard Bellingham Nathaniell Wright Samuell Vassall and The-
ophilus Eaton Thomas Golfe Thomas Adams John Browne Samuell
Browne Thomas Hutchins William Yassall William Pincheon and
George Foxcroft and all such others as should thereafter be admit-
ted and made free of the Company and Society therein after men-
coned one Body Politique and Corporate in fact and name by the
Name of the Governour and Company of the Massachusetts Bay in
New England and did grant vnto them and their Successors divers
powers Liberties and Priviledges as in and by the said Letters
Patents may more fully and at large appeare §H«T wftifttasi the said ^^^reupon
Governour and Company of the Massachusetts Bay in New England became v'e^^*
by vertue of the said Letters Patents did settle a Collony of the populous.
English in the said parts of America and divers good Subjects of
this Kingdome incouraged and invited by the said Letters Patents
did Transport themselves and their Effects into the same whereby
the said Plantacon did become very populous and divers Counties
Townes and Places were created erected made setforth or designed
within the said parts of America by the said Governour and Com-
pany for the time being ^tt(t Whevca,^ in the Terme of the holy
Trinity in the Thirty Sixth yeare of the Reigne of Our dearest
Vncle King Charles the Second a Judgment was given in Our Court The first char-
of Chancery then sitting at Westminster vpon a Writt of Scire a judgment in

T-i'i 1 , -I ,-,•■, ' -I A • ■, ^ chancery, anno

J^ acias brought and prosecuted in the said Court against the Gov- i684.
ernour and Company of the Massachusetts Bay in New England
that the said Letters Patents of Our said Royall Grandfather King
Charles the First bearing date at Westminster the Fourth day of
March in the Fourth yeare of his Reigne made and granted to the
said Governour and Company of the Massachusetts Bay in New
England and the Enrollment of the same should be cancelled

8 Province Charter.

vacated and annihilated and should be brought into the said Court
to be cancelled (as in and by the said Judgment remaining vpon
Record in the said Court doth more at large appeare) ^tuT w\mt'>X^
severall persons employed as Agents in behalfe of Our said Collony
of the Massachusetts Bay in New England have made their humble
ajDplication vnto Vs that Wee would be graciously pleased by Our
The agents of Royall Charter to Incorporate Our Subjects in Our said Collony and

that colony pe- "^ t/> -i ..,t -, t-,

titionedto be to grant and connrme vnto them such powers priviledo;es and Fran-

reincorporated -rrr. j. i. o

as formerly. cliiscs as [in] Our Royall Wisdome should be thought most con-
duceing to Our Interest and Service and to the Welfare and happy
State of Our Subjects in New England and Wee being graciously
pleased to gratifie Our said Subjects And alsoe to the end Our good
Subjects within Our Collony of New Plymouth in New England
aforesaid may be brought vnder such a forme of Government as may
put them in a better Condicon of defence and considering aswell
the granting vnto them as vnto Our Subjects in the said Collony of
the Massachusetts Bay Our Royall Charter with reasonable Powers
and Priviledges will much tend not only to the safety but to the
Flourishing estate of Our Subjects in the said parts of New England
and alsoe to the advanceing of the ends for which the said Planta-
cons were at first encouraged of Our especiall Grace certaine knowl-
edge and meer Mocon have willed and ordeyned and Wee doe by
these presents for Ys Our Heires and Successors Will and Ordeyne
that the Territories and Collonyes comonly called or known by the
Names of the Collony of the Massachusetts Bay and Collony of New
Plymouth the Province of Main the Territorie called Accadia or
Nova Scotia and all that Tract of Land lying betweene the said Ter-
The Massachu- ritori^orics of Nova Scotia and the said Province of Main be Erected
thePro^ce*'^' Vuitcd and Incorporated And Wee doe by these presents Vnite
Nova Scotia are Ercct and Incorporate the same into one reall Province by the
made one proT- Name of Our Province of the Massachusetts Bay in New England
And of Our especial Grace certaine knowledge and meer mocon
Wee have given and granted and by these presents for Ys Our
Heires and Successors doe give and grant vnto Our good Subjects
the Inhabitants of Our said Province or Territory of the Massachu-
setts Bay and their Successors all that parte of New England in
America lying and extending from the greate River coiiionly called
Monomack ais Merrimack on the Northpart and from three Miles
The extent and Northward of the said River to the Atlantick or Western Sea or
SoSe*? *''^* Ocean on the South part And all the Lands and Hereditaments
■whatsoever lying within the limitts aforesaid and extending as farr
as the Outermost Points or Promontories of Land called Cape Cod
and Cape Mallabar North and South and in Latitude Breadth and
in Length and Longitude of and within all the Breadth and Com-
pass aforesaid throughout the Main Land there from the said Atlan-

Province Charter. 9

tick or Western Sea and Ocean on the East parte towards the South

Sea or Westward as far as Our CoUonyes of Rhode Island Connec-

ticutt and the Marragansett* Countrey allf alsoe all that part or

porcon of Main Land beginning at the Entrance of Pescata way

Harbour and soe to pass vpp the same into the River of Newicke-

wannock and through the same into the furthest head thereof and

from thence Northwestward till One Hundred and Twenty Miles be

finished and from Piscata way Harbour mouth aforesaid North-East-

ward along the Sea Coast to Sagadehock and from the Period of

One Hundred and Twenty Miles aforesaid to crosse over Land to

the One Hundred and Twenty Miles before reckoned vp into the

Land from Piscataway Harbour through Newickawannock River

and alsoe the North halfe of the Isles and f Shoales together with the

Isles of Cappawock and Nantukett near Cape Cod aforesaid and alsoe

[all$] Lands and Hereditaments lying and being in the Countrey

and Territory coiSonly called Accadia or Nova Scotia And all those

Lands and Hereditaments lying and extending betweene the said

Countrey or Territory of Nova Scotia and the said River of Saga-

dahock or any part thereof And all Lands Grounds Places Soiles

Woods and Wood grounds Havens Ports Rivers Waters and other

Hereditaments and premisses whatsoever lying within the said

bounds and limitts aforesaid and every part and parcell thereof

and alsoe all Islands and Isletts lying within tenn Leagues directly

opposite to the Main Land within the said bounds and all Mines and aii mines and

Mineralls aswell Royall Mines of Gold and Silver as other Mines cci to the inhab-

n 1 . T • T T- T T . itants and their

and Mmeralls whatsoever m the said Lands and premisses or any successors.
parte thereof ®o '^VAVt and to hold the said Territories Tracts
Countreys Lands Hereditaments and all and singular other the
premisses with their and every of their Appurtencesf to Our said
Subjects the Inhabitants of Our said Province of the Massachusetts
Bay in New England and their Successors to their only proper vse
and behoofe for evermore ©tf be holden of Vs Our Heires and Suc-
cessors as of Our Mannor of East Greenwich in the County of Kent
by Fealty only in free and Coiuon Soccage ijeUiUng and paying
therefore yearly to Vs Our Heires and Successors the Fifth part of all
Gold and Silver Oar and pretious Stones which shall from time to
time and at all times hereafter happen to be found gotten had and
obteyned in any of the said Lands and premisses or within any part
thereof ^xavuUA neverthelesse and Wee doe for W^ Our Heires Aiiiands.hered-
and Successors Grant and ordeyne that all and every such Lands fomeriy'gra'nt-
Tenements and Hereditaments and all other estates which any coii^gl°or °^°'

■r. 1 -r» T,- /~i , m T-r-n SChooI of leam-

person or persons or iiodyes Politique or Corporate Townes villages ing confirmed,
Collcdges or Schooles doe hold and enjoy or ought to hold and

* Narragansett. f Sic.

X In printed copies this is " the," but the omission in the original seems better supplied as above.
2

10 Province Charter.

enjoy within the bounds aforesaid by or vnder any Grant or estate
diiely made or granted by any Generall Court formerly held or by
yertue of the Letters Patents herein before recited or by any other
lawful! Right or Title whatsoever shall be by such person and
persons Bodyes Politique and Corporate Townes Tillages Colledges
or Schooles their respective Heires Successors and Assignes for ever
hereafter held and enjoyed according to the purport and Intent of
such respective Grant vnder and Subject neverthelesse to the Rents
and Services thereby reserved or made payable any matter or thing
s"amSi^AUen's Whatsoever to the contrary notwithstanding ^ttd '^XCVUUd alsoe
claim. that nothing herein conteyned shall extend or be vnderstood or

taken to impeach or prejudice any right title Interest or demand
which Samuell Allen of London Merchant claiming from and vnder
John Mason Esqp deceased or any other person or persons hath or
have or claimeth to have hold or enjoy of in to or out of any part
or parts of the premisses scituate within the limitts above menconed
But that the said Samuel Allen and all and every such person and
persons may and shall have hold and enjoy the same in such
manner (and no other then) as if these presents had not been had
Grants or con- or made It being Our further Will and Pleasure that no Grants or

reyances of said o

ments ^arf^uot Conveyanccs of any Lands Tenements or Hereditaments to any

want*orform! Towucs Collcdges Schoolcs of Learning or to any private person or

persons shall be judged or taken to be avoided or prejudiced for or

by reason of any want or defect of Form but that the same stand

and remaine in force and be mainteyned adjudged and have effect

in the same manner as the same should or ought before the time of

the said recited Judgment according to the Laws and Rules then

and there vsually practised and allowed And Wee doe further for

Vs Our Heires and Successors Will Establish and ordeyne that from

ueutluant or^^ hcncefortli for ever there shall be one Governour One Leivten! or

or an^d'f sicre- Deputy Govcmour and One Secretary of Our said Province or

pomted bytoe Territory to be from time to time appointed and Commissionated by

Twfnty-eight Ts Our Hcircs and Successors and Eight and Twenty Assistants or

be^c^fo^en M** Couucillors to bc advisiug and assisting to the Governour of Our said

pressed^'^^ *^^' Provincc or Territory for the time being as by these presents is

hereafter directed and appointed which said Councillors or Assistants

are to be Constituted Elected and Chosen in such forme and manner

as hereafter in these presents is expressed And for the better

Execucon of Our Roy all Pleasure and Grant in this behalfe Wee

doe by these presents for Vs Our Heires and Successors Nominate

STcouncmors Ordeyuc make and Constitute Our Trusty and Welbeloved Simon

or assistants; Broadstrect John Richards Nathaniel Saltenstall Wait Winthrop

John Phillipps James Russell Samuell Sewall Samuel Appleton

Barthilomew Gcdney John Hawthorn Elisha Hutchinson Robert

Pike Jonathan Cur win John Jolliffe Adam Winthrop Richard

Middlecot John Foster Peter Serjeant Joseph Lynd Samuell

Pkoyince Charter. 11

Hayman Steplien Mason Thomas Hinckley William Bradford John

Walley Barnabas Lothrop Job Alcott Samuell Daniell and Silvanus

Davis Esquiers the first and present Councillors or Assistants of Our

said Province to continue in their said respective Offices or Trusts

of Councillors or Assistants vntill the last Wednesday in May which ~^J'^^^\^

shall be in the yeare of Our Lord One Thousand Six Hundred ?^'^Yy°^"g||'^''y

Ninety and Three and vntill other Councillors or Assistants shall be l^^^cTill"*!;^"

chosen and appointed in their stead in such manner as in those ^^^ assembly.

presents is expressed g^ttb W^^ doe further by these presents Isaac Addin|-

Constitute and appoint Our Trusty and Welbeloved Isaac Addington first secretary.

Esquier to be Our first and present Secretary of Our said Province

duriuff Our Pleasure %niX (Ouv Will and Pleasure is that the The governor

n ^ 1 ' ' -I Ti may assemble

Governour of Our said Province from* the time beinff shall have the councillors

° and with seven

Authority from time to time at his discretion to assemble and call iioi*i a councu.

together the Councillors or Assistants of Our said Province for the

time being and that the said Governour with the said Assistants or

Councillors or Seaven of them at the least shall and may from time

to time hold and keep a Councill for the ordering and directing the

Affaires of Our said Province %\tii ixixUm Wee Will and by these a general court

^ •' to be held on

presents for Vs Our Heires and Successors doe ordeyne and Grant ^^33^'*^*^^^

that there shall and may be convened held and kept by the 0^°^^"^'°^

Governour for the time being vpon every last Wednesday in the

Moneth of May every yeare for ever and at all such other times as

the Governour of Our said Province shall think fitt and appoint a

great and Generall Court of Assembly Which said Great and —to consist of

" •' the governor,

Generall Court of Assembly shall consist of the Governour and g°cJj'frethoid-

Councill or Assistants for the time being and of such Freeholders of e[|ctld torep^-

Our said Province or Territory as shall be from time to time elected gplcidve^tovras.

or deputed by the Major parte of the Freeholders and other

Inhabitants of the respective Townes or Places who shall be present

at such Eleccons Each of the said Townes and Places being hereby Each town may

impowered to Elect and Depute Two Persons and noe more to serve

for and represent them respectively in the said Great and Generall

Court or Assembly To which Great and Generall Court or Assembly

to be held as aforesaid Wee doe hereby for Ys Our Heires and

Successors give and grant full power and authority from time to

time to direct appoint and declare what Number each County

Towne and Place shall Elect and Depute to serve for and represent

them respectively in the said Great and Generall Court or Assembly

^XofxiUA alwayes that noe Freeholder or other Person shall have a Qaaiification

~. . •' of the electors.

Vote 111 the Eleccon of Members to serve in any Create and Generall

Court or Assembly to be held as aforesaid who at the time of such

Eleccon shall not have an estate of Freehold in Land within Our

said Province or Territory to the value of Forty Shillings per

AnnG at the least or other estate to the value of Fortyf pounds SterP

* Sic, in the original, but " for " in the printed copies, f See note to 1698, Chap. 4, p. 303, post.

12 Province Charter.

And that every Person who shall be soe elected shall before he sitt

or Act in the said Great and Generall Court or Assembly take the

Oaths to be Oaths menconcd in an Act of Parliament made in the first yeare of

taken, &c., by r. /»

the representa- Qur Rcimo Entitulcd an Act for abroo-atemg of the Oaths of

Allegiance and Supremacy and appointing other Oaths and thereby

appointed to be taken instead of the Oaths of Allegiance and

Supremacy and shall make Repeat and Subscribe the Declaracon.

menconed in the said Act before the Governour and Leivtcn!^ or

Deputy Governour or any two of the Assistants for the time being

The governor wlio shall be thcrcvnto authorized and Appointed by Our said

rogue and 'dis- Govcmour and that the Governour for the time being shall have

erai court. full powcr and Authority from time to time as he shall Judge

necessary to adjourne Prorogue and dissolve all Great and Generall

Courts or Assemblyes met and convened as aforesaid And Our

Will and Pleasure is and Wee doe hereby for Ys Our Heircs and

The counciUors Succ8ssors Grant Establish and Ordeyne that yearly once in every

yearly and their ycarc for evcr hercaftcr the aforesaid Number of Eight and Twenty

Councillors or Assistants shall be by the Generall Court or Assembly

newly chosen that is to say Eighteen at least of the Inhabitants of

or Proprietors of Lands within the Territory formerly called the

Collony of the Massachusetts Bay and four at the least of the

Inhabitants of or Proprietors of Lands within the Territory formerly

called New Plymouth and three at the least of the Inhabitants of or

Proprietors of Land within the Territory formerly called the

Province of Main and one at the least of the Inhabitants of or

Proprietors of Land within the Territory lying between the River

of Sagadahoc and Nova Scotia And that the said Councillors or

Assistants or any of them shall or may at any time hereafter be

removed or displaced from their respective Places or Trust of

Councillors or Assistants by any Great or Generall Court or

Vacancies in Assembly And that if any of the said Councillors or Assistants

the council,how ,,, , , , ^ -ti^ ^ r^ n

filled. shall happen to dye or be removed as aforesaid beiore the (jrcnerall

day of Eleccon That then and in every such Case the Great and

Generall Court or Assembly at their first sitting may proceed to a

New Eleccon of one or more Councillors or Assistants in the roome

or place of such Councillors or Assistants soe dying or removed

judges.sheriffs, And Wcc doc farther Grant and Ordeyne that it shall and may be

b"eVp''pointed by lawfull for tlic Said Governour with the advice and consent of the

with tiie advice Couiicill or Assistaiits from time to time to nominate and appoint

the council; Judges Commissioners of Oyer and Terminer Sheriffs Provosts

Marshalls Justices of the Peace and other Officers to Our Councill

-and the coan- and Courts of Justice belonging ^iwitUtt alwayes that noe such

cutobenoti- ;^Qi^inacon or Appointment of Officers be made without notice first

given or suinons yssued out seaven dayes before such Nominacon or

Appointment vnto such of the said Councillors or Assistants as shall

?£b?au be at that time resideing within Our said Province gnwt (!)uv Will

Peovince Chaeteb. 13

and Pleasure is that the Governour and Leivten! or Deputy pubuc officers

appoiutedt

Governour and Councillors or Assistants for the time being and all
other Officers to be appointed or Chosen as aforesaid shall before
the Vndertaking the Execucbn of their Offices and Places respectively
take their severall and respective Oaths for the due and faithfull
performance of their duties in their severall and respective Offices
and Places and alsoe the Oaths appointed by the said Act of
Parliament made in the first yeare of Our Reigne to be taken
instead of the Oaths of Allegiance and Supremacy and shall make
repeate and subscribe the Declaracon menconed in the said Act
before such Person or Persons as are by these presents herein after
appointed (that is to say) The Governour of Our said Province or Before whom to
Territory for the time being shall take the said Oaths and make
repeate and subscribe the said Decleracon before the Leivten!^ or
Deputy Governour or in his absence before any two or more of the
said Persons hereby Nominated and appointed the present Council-
lors or Assistants of Our said Province or Territory to whom Wee
doe by these presents give full power and Authority to give and
administer the same to Our said Governour accordingly and after
Our said Governour shall be sworn and shall have subscribed the
sd Declaracon that then Our Leivten! or Deputy Governour for the
time being and the Councillors or Assistants before by these presents
Nominated and appointed shall take the said Oaths and make repeat
and subscribe the said Declaracon before Our said Governour and
that every such person or persons as shall (at any time of the Annuall
Eleccons or otherwise vpon death or removeall) be appointed to be
the New Councillors or Assistants and all other Officers to bee
hereafter chosen from time to time shall take the Oaths to their
respective Offices and places belonging and alsoe the said Oaths
appointed by the said Act of Parliament to be taken instead of the
Oaths of Allegiance and Supremacy and shall make repeate and
subscribe the declaracon menconed in the said Act before the
Governour or Leivtent or Deputy Governour or any two or mor
Councillors or Assistants or such other Person or Persons as shall
be appointed thereunto by the Governour for the time being to
whom Wee doe therefore by these presents give full power and
authority from time to time to give and administer the same
respectively according to Our true meaning herein before declared
without any Coinission or further Warrant to bee had and obteyned
from vs Our Heires and Successors in that behalfe %n(i Our Will
and Pleasure is and Wee doe hereby require and Coinand that all
and every person and persons hereafter by Vs Our Heires and
Successors nominated and appointed to the respective Offices of
Governour or Leiv^ or Deputy Governour and Secretary of Our King reserves
said Province or Territory (which said Governour or Leiv! or poiTttoeloV-

14 Province Charter.

ernor, deputy- Deputj Goveriiour and Secretary of Our said Province or Territory
fecTetery.^'^ for the time being Wee doe hereby reserve full power and Authority
to Vs Our Heires and Successors to Nominate and appoint accord-
ingly shall before he or they be admitted to the Execucon of their
respective Offices take aswell the Oath for the due and faithful!
performance of the said Offices respectively as alsoe the Oaths
appointed by the said Act of Parliament made in the said First yeare
of Our Reigne to be taken instead of the said Oaths of Allegiance
and Supremacy and shall alsoe make repeate and subscribe the
Declaracon appointed by the said Act in such manner and before
New^Eugufnd'^ ^^^^^^ pcrsous as aforcsaid '^mX tnxt\\tt Our Will and Pleasure is
p^ivulges'of ^^1^ ^60 doe hereby for Vs Our Heires and Successors Grant
Sf England.^"*' Establish and Ordaine That all and every of the Subjects of Vs Our
Heires and Successors which shall goe to and Inhabit within Our
said Province and Territory and every of their Children which shall
happen to be born there or on the Seas in goeing thither or returning
from thence shall have and enjoy all Libertyes and Immunities of
Free and naturall Subjects within any of the Dominions of Vs Our
Heires and Successors to all Intents Construccons and purposes
whatsoever as if they and every of them were borne within this Our
^l^itlm^J of England and for the greater Ease and Encouragement of
Our Loveing Subjects Inhabiting our said Province or Territory of
the Massachusetts Bay and of such as shall come to Inhabit there
Liberty of con- Wbq doc by tlicsc presents for vs Our heires and. Successors Grant

science granted •' ■*•

toaiicimstLans Establish and Ordaine that for ever hereafter there shall be a

except Papists. ^^

liberty of Conscience allowed in the Worshipp of God to all Christians

(Except Papists) Inhabiting or which shall Inhabit or be Resident

Governor, &c., within our said Province or Territory %m\ Wee doe hereby Grant

to administer ./ ■— - •'

the oaths ap- and Ordaine that the Gouernor or leiveten* or Deputy Gouernor of

pointed to the ■ ^ •'

inhabitants. our said Proviucc or Territory for the time being or either of them
or any two or more of the Councill or Assistants for the time being
as shall be thereunto appointed by the said Gouernor shall and may
at all times and from time to time hereafter have full Power and
Authority to Administer and give the Oathes appointed by the said
Act of Parliament made in the first yeare of Our Reigne to be
taken instead of the Oathes of Allegiance and Supremacy to all and
every person and persons which are now Inhabiting or resideing
within our said Province or Territory or which shall at any time
or times hereafter goe or passe thither And wee doe of our further
The general Graco ccrtaiue knowledge and meer mocon Grant Establish and
ered to erect Ordaiuc for Vs our heires and Successors that the great and Generall
courts of record, Court or Asscmbly of our said Province or Territory for the time
being Convened as aforesaid shall for ever have full Power and
Authority to Erect and Constitute Judicatories and Courts of
Record or other Courts to be held in the name of Vs Our heires

Province Charter. 15

and Successors for the Hearing Trying and Determining of all

manner of Crimes Ofifences Pleas Processes Plaints Accons Matters

Causes and things whatsoever ariseing or happening within Our

said Province or Territory or between persons Inhabiting or resideing

there whether the same be Criminall or Civill and whether the said

Crimes be Capitall or not Capitall and whether the said Pleas be

Reall personall or mixt and for the awarding and makeing out of

Execution thereupon To which Courts and Judicatories wee doe

hereby for vs our heirs and Successors Give and Grant full power

and Authority from time to time to Administer oathes for the better

Discovery of Truth in any matter in Controversy or depending

before them ^M wee doe for vs Our Heires and Successors Grant Governor, with

Establish and Ordaine that the Gouernor of our said Province or shaii have the

. n 1 • 1 • '11/-^ Ml * • i i probate of wills

Territory for the time being with the Uouncili or Assistants may ancigranting

doe execute or performe all that is necessary for the Probate of tions.

Wills and Granting of Administracons for touching or concerning

any Interest or Estate which any person or persons shall have within

our said Province or Territory §nul wltcveasi Wee judge it necessary

that all our Subjects should have liberty to Appeale to vs our

heires and Successors in Cases that may deserve the same Wee doe Appeals to the

'' 111 king in Bome

by these presents Ordaine that incase either party shall not rest personal ac-
satisfied with the Judgement or Sentence of any Judicatories or
Courts within our said Province or Territory in any Personall
Accon wherein the matter in difference doth exceed the value of
three hundred Pounds Sterling that then he or they may appeale
to vs Our heires and Successors in our or their Privy Councill
Provided such Appeale be made within Fourteen dayes after y^
Sentence or Judgement given and that before such Appeale be
allowed Security be given by the party or parties appealing in the
value of the matter in Difference to pay or Answer the Debt or
Damages for the which Judgement or Sentence is given With such
Costs and Damages as shall be Awarded by vs Our Heires or
Successors incase the Judgement or Sentence be affirmed ^tut — pro^fiea no

f° execution shall

xavxiittX alsoe that no Execution shall be stayd or suspended by 'je staid by
•' ■*• ^ •' reason of such

reason of such Appeale vnto vs our Heires and Successors in our or appeal.
their Privy Councill soe as the party Sueing or takeing out
Execution doe in the like manner give Security to the value of the
matter in difference to make Restitucion in Case the said Judgement
or Sentence be reversed or annul'd vpon the said Appeale %ni\ we The general

. /-^ • court empow-

doc further for vs our Heires and Successors Give and Grant to the ereci to make

laws not re-
said Governor and the arreat and Generall Court or Assembly of our pugnant to the

o •' laws of Eng-

said Province or Territory for the time being full power and 1^"'^'
Authority from time to time to make ordaine and establish all
manner of wholsome and reasonaljle Orders Laws Statutes and
Ordinances Directions and Instructions either with penalties or

16 Province Charter.

without (soe as the same be not repugnant or contrary to the Lawes
of this our Realme of England) as they shall Judge to be for the
good and welfare of our said Province or Territory And for the
Gouernment and Ordering thereof and of the People Inhabiting or
who shall Inhabit the same and for the necessary support and

—and to name Defence of the Government thereof ^tttt wee doe for vs our

officers, eycept, Hcircs and Successors Giue and grant that the said Generall Court

°"' or Assembly shall have full power and Authority to name and settle

Annually all Civill Officers within the said Province such Officers

Excepted the Election and Constitution of whome wee have by

these presents reserved to vs Our Heires and Successors or to the

—and to define Govcmor of our said Province for the time being and to Settforth

^^ ^ ' ■ tjje severall Duties Powers and Lymitts of every such Officer to be

appointed by the said Generall Court or Assembly and the formes

of such Oathes not repugnant to the Lawes and Statutes of this our

Realme of England as shall be respectiuely Administred vnto them

Toimposefines, for the Esccution of their severall Offices and places And alsoe to

&c., and taxes . _^. . Ti-r-.-i i i

to be issued imposc Emcs mulcts Imprisonments and other Punishments And

and disposed of '^ ^ . i i -, ,14

by warrant to Imposo and Icavv proDortioiiable and reasonable Assessments

from the gov- -^ ^ x 1

ernorandcoun- Ratcs and Taxcs vpoii tlic Estatcs and Persons of all and every the

Proprietors and Inhabitants of our said Province or Territory to be

Issued and disposed of by Warrant vnder the hand of the Governor

of our said Province for the time being with the advice and Consent

of the Councill for Our service in the necessary defence and support

of our Government of our said Province or Territory and the

Protection and Preservation of the Inhabitants there according to

such Acts as are or shall be in force within our said Province and

To promote re- to disposc of matters and things whereby our Subjects inhabitants

orde?andthe of our Said Proviucc may be Religiously peaceably and Civilly

the Indians, Govcrncd Protcctcd and Defended soe as their good life and orderly

Conversation may win the Indians Natives of the Country to the

knowledge and obedience of the onely true God and Saviour of

-which wa_sde- Mauldndc and the Christian Faith which his Royall Majestic our

Charles to be Rovall Grandfather king Charles the first in his said Letters Patents

his intentions, '' .-r-kiiT • iiiAi r

andtheadven- dcclarcd was liis Rovall Intcntioiis And the Adventurers tree

turers free pro- •'

fessiontobethe Posscssioii* to bo tho Princcpall end of the said Plantation And

principal end ot ^

to^t^ief with°' ^^^ ^^^^ better secureing and maintaining Liberty of Conscience
scien«;^^ <^°"" hcrcby granted to all persons at any time being and resideing within
Willing and Qur Said Province or Territory as aforesaid ^l^iUiug Comanding
obedience to and Requircimgi and by these presents for vs Our heires and

the laws of the ^t.. t •• i^n ^ r\ j t

province, Succcssors Ordainuig and appointing that all sucli (Jraers liawes

Statutes and Ordinances Instructions and Directions as shall be soe
made and published vnder our Scale of our said Province or Terri-
tory shall be Carefully and duely observed kept and performed and
put in Execution according to the true intent and meaning of these

* profession. t Sic,

Province Charter. 17

presents WwviiUnX alwaies and Wee doe by these presents for vs -provided the

r ^^ ./I governor shall

Our Heires and Successors Establish and Ordaine that in the Ji/ive the nega-

tive voice in all

frameing and passing of all such Orders Laws Statutes and Ordi- ^jf^^^j,'^"^ ^'l^^_

nances and in all Elections and Acts of Government whatsoever to "^ent.

be passed made or done by the said Generall Court or Assembly or

in Councill the Governor of our said Province or Territory of the

Massachusetts Bay in New England for the time being shall have

the Negative voice and that without his consent or Approbation

signified and declared in Writeing no such Orders Laws Statutes

Ordinances Elections or other Acts of Government whatsoever soe

to be made passed or done by the said Generall Assembly or in

Councill shall be of any Force effect or validity anythimg* herein

contained to the contrary in anywise notwithstanding ^n (I wee Laws to be sent

. . to England by

doe for vs Our Heires and Successors Establish and Ordaine that the first oppor-
tunity for the
the said Orders Laws Statutes and Ordinances be by the first royai approba-

•' bation or dis-

opportunity after the makeing therof sent or Transmitted vnto vs allowance.

Our Heires and Successors vnder the Publique Scale to be appointed

bv vs for Our or their approbation or Disallowance And that in- if disallowed

*' ^ ■'^ within three

case all or any of them shall at any time within the space of three years after pre-

•' J X sentaLion to

veares next after the same shall have been presented to vs our privy council to

•' ^ _ to be void.

Heires and Successors in Our or their Privy Councill be disallowed
and reiected and soe signified by vs Our Heires and Successors
vnder our or their Signe Manuall and Signett or by or in our or
their Privy Councill vnto the Governor for the time being then such
and soe many of them as shall be soe disallowed and riectedf shall
thenceforth cease and determine and become vtterly void and of none
effect ^tovuUit alwais that incase Wee our Heires or Successors if not disai-
shall not within the Terme of Three Yeares after the presenting of said to' be in
such Orders Lawes Statutes or Ordinances as aforesaid sigiiifie our peaied by the
or their Disallowance of the same Then the said orders Lawes biy.
Statutes or Ordinances shall be and continue in full force and effect
according to the true Litent and meaneing of the same vntill the
Expiracon thereof or that the same shall be Repealed by the
Generall Assembly of our said province for the time being ^twidert The general

'' i o 'O court lias power

to grant land in
Massachusetts,
Plymouth or
the province of

the Bounds of the Colony s formerly called the Collonys of the ^^^'^'^''
Massachusetts Bay and New Plymouth and province of Main in such
manner as heretofore they might have done by vertue of any former
Charter or Letters Patents which grants of lands within the Bounds
aforesaid Wee doc hereby Will and ordaine to be and continue
for ever of full force and effect without our further Approbation or
Consent §mb soe as Nevcrthelesse and it is Our Royall Will and —but no grant

T-»i mi r^ /^ n T -I 1 • t north and east

Pleasure ihat noe Grant or Grants oi any Lands lying or extending of the sagada-

hock to be valid

from the River of Sagadehock to the Gulph of S\ Lawrence and witiiout the

* Sic. f rejected.

alsoe that it shall and may be Lawfull for the said Governor and Malsacim^eu'"
Generall Assembly to make or passe any Grant of Lands lying within PJymouthor

Protince Charter.

royal approba-
tion.

The governor to
command the
militia and to
appoint neces-
sary officers ;

— to conduct
forces by sea
and land, with-
in and without
the province ;

— to use martial
law in time of
actual war;

— to erect and
demolish forts,
&c.;

—provided he
shall not trans-
port any per-
sons out of the
province with-
out their own
consent, &c.;

— nor exercise
martial law
upon the inhab-
itants without
the advice and
consent of the
council.
In case of the
governor's
death, removal
or absence from
his government

Canada Rivers and to the Main Sea Northward and Eastward to be
made or past by the Governor and Generall Assembly of our said
Province be of any force validity or Effect vntill Wee Our Heires
and Successors shall have Signified Our or their Approbacon of the
same §^ntT Wee doe by these presents for vs Our Heires and Suc-
cessors Grant Establish and Ordaine that the Governor of our said
Province or Territory for the time being shall have full Power by
himselfe or by any Cheif Coihander or other Officer or Officers to
be appointed by him from time to time to traine instruct Exercise
and Governe the Militia there and for the speciall Defence and
Safety of Our said Province or Territory to assemble in Martiall
Array and put in Warlike posture the Inhabitants of Our said
Province or Territory and to lead and Conduct them and with
them to Encounter Expulse Repell Resist and pursue by force of
Armes aswell by Sea as by Land within or without the limitts of
Our said Province or Territory and alsoe to kill slay destroy and
Conquer by all fitting wayes Enterprises and meanes whatsoever all
and every such Person and Persons as shall at any time hereafter
Attempt or Enterprize the destruccon Invasion Detriment or
Annoyance of Our said Province or Territory and to vse and exer-
cise the Law Martiall in time of actuall Warr Invasion or Rebellion
as occasion shall necessarily require and alsoe from time to time to
Erect Forts and to fortifie any place or Places within Our said
Province or Territory and the same to furnish with all necessary
Aihunicon Provisions and Stores of Warr for Offence or Defence
and to comitt from time to time the Custody and Government of
the same to such Person or Persons as to him shall seem meet And
the said Forts and Fortificacons to demolish at his Pleasure and to
take and surprise by all waies and meanes whatsoever all and every
such Person or Persons with their Shipps Arms Ammunicon and
other goods as shall in a hostile manner Invade or attempt the
Invading Conquering or Annoying of Our said Province or Territory
^r0Vi(k(T alwayes and Wee doe by these presents for Vs Our Heires
and Successors Grant Establish and Ordeyne That the said Gov-
ernour shall not at any time hereafter by vertue of any power
hereby granted or hereafter to be granted to him Transport any of
the Inhabitants of Our said Province or Territory or oblige them to
march out of the Limitts of the same without their Free and
voluntary consent or the Consent of the Great and Generall Court
or Assembly of Our said Province or Territory nor grant Coiuissions
for exerciseing the Law Martiall vpon any the Inhabitants of Our
said Province or Territory without the Advice and Consent of the
Councill or Assistants of the same ^xov'xAttX in like manner and
Wee doe by these presents for Vs Our Heires and Successors
Constitute and Ordeyne that when and as often as the Governour

Province Charter. 19

of Our said Province for the time being shall happen to dye or be go^SrS

displaced by Vs Our Heires or Successors or be absent from his ^^wjy wa

Government That then and in any of the said Cases the Leivtenant

or Deputy Governour of Our said Province for the time being shall

have full power and authority to doe and execute all and every

such Acts Matters and things which Our Governour of Our said

Province for the time being might or could by vertue of these Our

Letter Patents lawfully doe or execute if he were personally

present vntill the returne of the Governour soe absent or Arrivall

or Constitucon of such other Governour as shall or may be

appointed by Vs Our Heires or Successors in his stead and that

when and as often as the Governour and Leivtenant or Deputy in case of the

Governour of Our said Province or Territory for tlie time being both gove'mor

. and lieutenant

shall happen to dve or be displaced by Vs Our Heires or Successors governor the

■■• * " '■ '' major part of

or be absent from Our said Province and that there shall be no thecouncuto

person within the said Province Coiiiissionated by Vs Our Heires

or Successors to be Governour within the same Then and in every

of the said Cases the Councill or Assistants of Our said Province

shall have full power and Authority and Wee doe hereby give and

grant vnto the said Councill or Assistants of Our said Province for

the time being or the Major parte of them full power and Authority

to doe and execute all and every such Acts matters and things

which the said Governour or Leivtenant or Deputy Governour of

Our said Province or Territory for the time being might or could

lawfully doe or exercise if they or either of them were personally

present vntill the returne of the Governour Leivtenant or Deputy

Governour soe absent or Arrivall or Constitucon of such other

Governour or Leivtenant or Deputy Governour as shall or may be

appointed by Vs Our Heires or Successors from time to time ^V0-

fi4«tl alwaies and it is hereby declared that nothing herein shall

extend or be taken to Erect or grant or allow the Exercise of any Admiraitypow-

prs unci iurisdiC'

Admirall Court Jurisdiccon Power or Authority but that tlie same tion reserved to

shall be and is hereby reserved to Vs and Our Successors and shall

from time to time be Erected Granted and exercised by vertue of

Coiaiissions to be yssued vnder the Great Scale of England or vnder

the Scale of the High Admirall or the Coiiiissioners for executing

the Office of High Admirall of England Stnrt fut'thct' Our expresse The fishing

1 -r.1 & CI- I trade not to be

Will and Pleasure is And Wee doe by these presents for Vs Our abridged.
Heires and Successors Ordaine and appoint that these Our Letters
Patents shall not in any manner Enure or l)e taken to abridge bar
or hinder any of Our loveing Subjects whatsoever to vse and exer-
cise the Trade of Fishing vpon the Coasts of New England but that
they and every of them shall liave full and free power and Libertie Liberty to fish
to continue and vse their said Trade of Fishing vpon the said Coasts N°ew EngUnd**^
in any of the seas therevnto adjoyning or any Arms of the said Seas *'''"*'°"'''^'

20 Peovince Charter.

or Salt Water Rivers where they have been wont to fish and to
—and to build build and set vpon the Lands within Our said Province or Collony

wharves, .

stages, &c. on Ijing wast and not tlien possesst by perticuler Proprietors such
there for the Wharfes Stao'cs aud Workhouses as shall be necessary for the saltina;

curing and i-i°ii-r>i-

packing offish, drying keeping and packing of their Fish to be taken or gotten vpon
—and to cut that Coast And to Cutt down and take such Trees and other Mate-
matlrlai'snece's- rialls tlicrc growiug or being or growing vpon any parts or places
purpose, ^'^ lying wast and not then in possession of partlculer proprietors as
shall be needfull for that purpose and for all other necessary eas-
ments helps and advantages concerning the Trade of Fishing there
—as has hereto- in such manner and forme as they have been heretofore at any time
ore been done. agQ^^gton^ed to doc without makeiug any Wilfull Wast or Spoile any
thing in those presents conteyned to the contrary notwithstanding
Trees fit for ^\u\ U^H}} for tho better provideing and furnishing of Masts for Our
"g'upon^/o'ir' Royall Navy Wee doe hereby reserve to Vs Our Heires and Suc-
icuiar persons', ccssors all Trcos of tlio Diamctcr of Twenty Four Inches and
epreseive . yp^g^j^-^jg of Twclvo Inchcs from the ground growing vpon any soyle
or Tract of Land within Our said Province or Territory not here-
tofore granted to any private persons And Wee doe restraine and
forbid all persons whatsoever from felling cutting or destroying any
such Trees without the Royall Lycence of Vs Our Heires and Suc-
penaityfor ccssors fu'st had and obteyned vpon penalty of Forfeiting One
trees. Hundred Pounds sterling vnto Ous Our Heires and Successors for

every such Tree soe felled cutt or destroyed without such Lycence
had and obteyned in that behalfo any thing in these presents con-
teyned to the contrary in any wise Notwithstanding ^n Wl^iiM^^t
whereof Wee have caused these our Letters to be made Patents
WitKf^'.siC Ourselves att Westminster the Seaventh Day of October in
the Third yeare of Our Reigne

By Writt of Privy Seale

PIGOTT

Pro Fine in Hanaperio quadraginD Marcas

J. trevok a S.

W. Raavlinson C. S.

G. HUTCHINS C. S.*

* Sir John Trevor, Sir William Kawlinson and Sir George Hutchins were appointed Lords
Commissioners of the Great Seal May 15, 1090 ; and were succeeded by Lord Somera as Chancellor
May 3, 1093.

Explanatory Charter — 1726. 21

Explanatory Charter — 1726.

eorge bij tl)e ©race of ®®E) of

Great Britain France and Ireland king Defender of
the Faith &c ®0 ilH to whom these Presents shall
come Greeting WhtXU^ Our late Royal Predecessors
William and Mary King and Queen of England &c
Did by their letters Patents under their Great Seal of England
bearing Date at Westminster the Seventh day of October in the
Third year of their Reign for themselves their Heires and Successors
Vnite Erect and Incorporate the Territories and Colonies commonly
called or known by the Names of the Colony of the Massachusetts
Bay and Colony of New Plymouth the Province of Main the Terri-
tory called Accada or Nova Scotia and all that Tract of land lying
between the said Territorys of Nova Scotia and the said Province of
Main into One Reall Province by the Name of Our Province of the
Massachusetts Bay in New England ^mX Wi^htXtn^ their said late
Majesties King William and Queen Mary did by the said recited
letters Patents (amongst other things therein contained) for them-
selves their Heires and Successors Ordain and Grant that there
should and might be Convened held and kept by the Governor for
the time being upon every last Wednesday in the Month of May
every year forever and at all such other times as the Governor of
their said Province should think fitt and Appoint a Great and
Generall Court or Assembly which said Great and Generall Court
or Assembly should Consist of the Governour and Council or
Assistants for tlie time being and of such Freeholders of their said
Province or Territory as should be from time to time elected or
deputed by the major part of the Freeholders and other Inhabitants
of the respective Towns or places who should be present at such
Eleccbns each of the said Towns and places being thereby impowered
to Elect and Depute two Persons and no more to Serve for and
represent them respectively in the said Great and Generall Court
or Assembly and that the Governor for the time being should
have full Power and Authority from time to time as he should
Judge necessary to adjourn Prorogue and Dissolve all Great and
General Courts or Assemblies met and Convened as aforesaid And
did thereby also for themselves their Beires and Successors Provide

22 Explanatory Charter. — 1726.

Establish and Ordain that in the Framing and Passing of all Orders
laws Statutes and Ordinances and in all Eleccons and Acts of
Government whatsoever, to be passed made or done by the said
General Court or Assembly or in Council the Governor of the said
Province or Territory of the Massachusetts Bay in New England
for the time being should have the Negative Voice and that without
his Consent or Approbacon Signified and Declared in writing no
such Orders laws Statutes Ordinances Eleccons or other Acts of
Government whatsoever so to be made passed or done by the said
General Assembly or in Council should be of any force Effect or
Validity any thing therein contained to the contrary in any wise
notwithstanding as in and by the said letters Patents (relacon being
therevnto had) may more fully and at large appeare ^M&
Wi^htxtix^ no Provision is made by the said recited letters Patents
touching the Nominacon and Eleccon of a Speaker of the Repre-
sentatives Assembled in any Great and Generall Court of Our
said Province nor any particular Reservacon made of the Right of
Vs Our Heires and Successors to approve or disapprove of such
Speaker by the Governor of the said Province appointed or to be
appointed by Vs or them for the time being And no power is
Granted by the said recited letters Patents to the said House of
Representatives to adjourn themselves for any time whatsoever by
means whereof divers Doubts and Controversies have Arisen within
Our said Province to the Interrupcon of the Publick Business thereof
and the obstruccon of Our Service "^nm "j^tt therefore that for
removing the said Doubts and Controversies and preventing the
like mischiefs for the future And also for the further Explanacon
of the said recited letters Patents Wee of Our Especial Grace certain
knowledge and meer mocon Have Granted Ordained and Appointed
And by these Presents for Vs Our Heirs and Successors Do Will
Grant Ordain and Appoint that for ever hereafter the Representa-
tives Assembled in any Great or General Court of Our said Province
to be hereafter Summoned shall upon the first day of their Assem-
speaker to be bling Elcct a fit Pcrsou out of the said Representatives to bo Speaker
approved by*^^" of the Housc of Representatives in such General Court and that the
Tag"^""^^^" Person so Elected shall from time to time be presented to the
Governor of Our said Province for the time being or in his absence
to the lieutenant Governor or Coihander in Chief of Our said
Province for the time being for his Approbacon to which Governor
lieutenant Governor and Coihander in Chief respectively Wee do
hereby for Vs Our Heires and Successors Give full power and
Authority to approve or disapprove of the Person so Elected and
presented which approbacon or disapprobacon shall be Signifyed
by him by Message in writing under his Hand to the said House of
Representatives And in Case such Governour lieutenant Gover-

Explanatory Charter — 1726. 23

nor or Comander in Chief shall disapprove of the Person so
Elected and presented or the Person so Elected and presented being
approved as aforesaid shall happen to dye or by Sickness or other-
wise be disabled from Officiating as Speaker in every such Case the
said Representatives so Assembled shall forthwith Elect an other
Person to be Speaker of the House of Representatives to be pre-
sented and approved or disapproved in manner as aforesaid and so
from time to time as often as the Person so Elected and presented
shall be disapproved of or happen to dye or become disabled as afore-
said %nA Our further Will and Pleasure is and Wee do by these Representa-

1T/-1 /»Tr/-wxT' -I tives to adjourn

nresents of Our more abundant Grace lor Vs Our Heires and themselves not

^ nil exceeding two

Successors Grant Ordain and Appoint that it shall and may be jiaya without
lawfull to and for the Representatives assembled in any Great or
Generall Court of Our said Province for the time being for ever
hereafter to Adjourn themselves from day to day (and if occasion
shall require) for the space of two days but not for any longer time
than for the space of two days without leave from the Governor
or in his Absence [from] the lieutenant Governor or Coiiiander
in Chief of Our said Province for the time being first had and
obtained in that behalfe any thing in the said recited letters Patents
contained to the Contrary thereof in any wise Notwithstanding
'^x0VuUA always that nothing in these presents contained shall
Extend or be Construed to Extend to revoke alter or prejudice the
Power and Authority by the said recited letters Patents Granted
to the Governor of the said Province for the time being to Adjourn
Prorogue and Dissolve all Great and General Courts or Assemblies
of Our said Province ^ml i^a,5itltj Wee do by these presents for Vs
Our Heires and Successors Grant that these Our letters Patents or
the Enrollment or Excmplificacon thereof shall be in and by all
things good firm valid and Effectual in the law according to the
true intent and meaning thereof notwithstanding the not rightly or
fully reciting menconing or describing the said recited letters
Patents or the Date thereof or any other Omission Imperfeccon
Defect matter Cause or thing whatsoever to the Contrary thereof
in any wise notwithstanding ^\\ WitUt^^ whereof Wee have Caused
these Our letters to be made Patents Wi^iiwt^^ William Archbishop
of Canterbury and the rest of the Guardians and Justices of the
Kingdom at Westminster the Six and twentieth day of August in
the twelfth year of Our Reign

By Writ of Privy Seal

[Endorsed :]
Massachusetts' Bay Explanatory Chre.
^petuity.

COCKS.

COCKS

ACTS,
Passed 1692—3.

ACTS

Passed at the Session begun and held at Boston,
ON the Eighth day of June, A.D. 1692.

CHAPTER 1.

AN ACT FOR CONTINUING THE LOCAL LAWS, TO STAND IN FORCE TILL
NOVEMBER [THE] lOTH, 1692.

JBe it ordered and enacted^ hy the Govertiour^ Coimcil and Represen-
tatives convened in General Assembly, and it is hereby ordered and
enacted, by the authority of the same,

That all the local laws respectively ordered and made by the late Disallowed by
governour and company of the Massachusetts Bay and the late gov- di^ iugusT"""
ernment of New Plymouth, being not repugnant to the laws of England 1695.— see note
nor inconsistent with the present constitution and settlement by their 13 pick. 258,
majesties' royal charter, do remain and continue in full force in the 9 *Qray ^^517^"
respective places for which they were made and used, until the tenth 518.
day of November next, except in cases Avhere other provision is or shall
be made by this court or assembly ; and all persons are required to
conform themselves accordingly: and the several justices are hereby
impowred to the execution of said laws as the magistrates formerly
were. [I^assed Jtme 15 ; published June 28.

CHAPTER 2.

AN ACT FOR ENFORCING THE COLLECTING AND PAYING IN THE ARREARS
OF PUBLICK ASSESSMENTS, &c.

Whereas, by the late governments wdthin the colonies of the Massa-
chusetts and New Plymouth, now by their majesties' royal charter
united and incorporated, sevex'al publick taxes and assessments have
respectively been granted for the security and defence of their majes-
ties' subjects and interests, and the defrajang of the publick charges
arising by the war with their majesties' enemies, French and Indians,
since the first day of October, one thousand six hundred eighty-
nine, and have been committed unto the constables or other persons
appointed collectors within the respective towns and villages to collect
and gather in, the time prefixed for paying in of the same unto the
treasurers or receivers respectively appointed in the said colonies being
some time since past, and a considerable part of every of the said
assessments being behind uncollected, or at least not joaid in unto the
said treasurers or receivers, and the country being indebted unto several
particular persons for service done, and others who have advanced

28 Province Laws.— 1692-3. [Chap. 3.]

moneys for carrying on and defraying of the charges arising by the
war, upon the credit of said assessments, —

JBe it therefore ordered and enacted, by the Governour, Council and
Representatives convciied in General Assemhly, and it is hereby ordered
and enacted by the authority of the same.

That all and every constable and constables or other collectors within
the respective towns and villages within this province, who at any time
since the said first day of October, one thousand six hundred eighty-
nine, have had any of the publick assessments granted as aforesaid com-
mitted unto them, or any of them, to collect and pay in as aforesaid,
who have not perfected their said collections and adjusted and issued
their accounts thereof Avith the respective treasurers as by order of court
or warrant they are directed, be and are hereby fully authorized and
impowred to collect and gather in the arrearages of all such publick
taxes and assessments, and to do and execute therein all and whatso-
ever shall or may be needful for the eflectual pursuing of the same as
by order or warrant they might at any time heretofore have lawfully
done by such rules, methods and directions of law as have lately been
used and in force, the dismissing of any such person or persons from
his or their office of constable or any alteration of the government since
made notwithstanding. And all and every such constables or col-
lectors are likewise enjoyned and required to make up, settle and adjust
their accompts and payments of all publick assessments committed unto
them as aforesaid, with the respective treasurers or receivers, as per
order or warrant they are directed, on or before the first day of
November next after the date hereof. And in case any constable or
collector shall neglect and fliil of perfonning his duty in this behalf, that
then the sherifi" of the county, by warrant from the treasurer, shall
levy all such arrears by distress and sale of goods of such defective
constable or collector, returning the overplus (if any be). And if no
goods can be found, then to take the body of such constable or collector
and commit him to prison. And all such constables or collectors, where
the defect doth not happen through their own default, shall be relieved
by the town, and the selectmen are to make due provision for the same.
[Passed June 14 ; ptd)lished Jxme 28.

CHAPTER 3.

AN ACT FOR COLLECTING THE AREEAES OF TOWN AND COUNTY RATES.

Whereas, several taxes or assessments, necessary for the support of
the ministry and other jDublick charges arising in the several counties
and towns within this province, have been laid upon the inhabitants,
and orderly committed to the constables or collectors by the select-
men or assessors in the several towns, since the first day of May, in the
year one thousand six hundred eighty and nine, and in many places
remains uncollected and unpaid in whole or in part, —

JBe it therefore ordered and enacted, by His Excellency the Governour,
Council and Hepresentatives in General Assembly, and by the authority
of the same it is enacted,

[Sect. 1.] That all such constables and collectors be authorized
and required, and are hereby authorized and required to collect all such
rates or assessments so committed to him or them that remain yet
uncollected, and to pay the same unto the county treasurer in each
county respectively, or selectmen [in] being in each town respectively
where they were made, and to be improved to the use or uses for

[1st Sess.] Province Laws.— 1692-3. 29

the which they were granted ; and to finish their accompts with them at
or befoi-e the tenth day of December next ensuing, on penalty of forty
shillings per month for every mouth's default after the said tenth day
of December, to be recovered by the county treasurer or selectmen
resj^ectively of any such defective constables or collectors at any court
of pleas in the same county. And where any constables or collectors
are dead, or removed, and the assessments committed to them remain
uncollected, or any part thereof, the selectmen are impowred and
required to depute meet persons to collect the same ; and the persons
so deputed are required to collect what so remains, and to pay the
same accordingly.

And it is further ordered^

[Sect. 2.] That in any county, town or towns where such tax or
taxes have been agreed on since the said first day of May, and not
assessed upon the inhabitants, the selectmen of the several towns are
hereby required forthwith to make such rates or assessments, and com-
mit them with warrant to their constables, on the like penalty of forty
shillings, money, for every month's defect, and to cause them to be
collected, accompted for and paid as aforesaid. \^jPassed June 17 ;
published June 28.

CHAPTER 4.

AN ACT FOR THE GRANTING TO THEIR MAJESTIES AN ASSESSMENT UPON
POLLS AND ESTATES.

We their majesties' loyal and dutiful subjects, the rei^resentatives of
their majesties' province of the Massachusetts Bay in New England,
convened in general assembly, being sensible of the necessity of raising
moneys for the defence of their majesties' subjects and interests, and
prosecution of the war against their French and Indian enemies, and
for the defraying of other the publick charges of the province, do unani-
mously and chearfully grant unto their most excellent majesties, their
heirs and successors, to the end and intents aforesaid, a rate or tax to
be assessed upon the freeholders, inhabitants and other their majesties'
subjects resident within the said province, in manner as is hereafter
expressed, to be paid in money, or to the satisfaction of the treasurer,
and pray that it may be enacted, —

And be it accordingly enacted^ by the Governor, Council and Represen-
tatives, convened in General Assembly, and it is enacted and ordained
by the authority of the same,

[Sect. 1.] That the treasurer do forthwith send forth his warrants
to the selectmen of each town within this province, requiring the said
selectmen to cause the inhabitants of such town to meet together some
time in the month of July next, who being so assembled are required
to choose one of their freeholders to be a commissioner for said town,
which commissioner, together with the selectmen, within the month of
August following shall make a true list of all the male persons in [the'\
said town from sixteen years old and upwards, and a true estimation
of the just yearly value and income, so near as they can by all lawful
means which they may use, of all estates real and personal, being or
reputed to be the estate of all and every the persons in the same town,
or under their custody or management ; all which persons and estates
are b}- the said commissioner and selectmen to be taxed and assessed
as followeth ; viz., Every person aforesaid at ten shillings by the poll
(except the members of the council, settled ministers, and grammar

30 Pkovince Laws.— 1692-3. [Chap. 5.]

school-masters, and others devoted to the ministry, and students of the
colledge), and all houses, lands, stock, goods [and'] merchandizes and
[other] estate[s] what[so]ever, real and personal, at a quarter part of
one year's value or income thereof. All persons who through age or
infirmity are unable to manage their affairs are to be free of the poll-
tax, at the discretion of the selectmen.

A7id it is further enacted^

[Sect. 2.] That the commissioner of each town, upon the first
Wednesday of September next, shall cany the list[s] of said town unto
the shire town within the same county, where the commissioners of
the several towns shall meet together to peruse, examine, correct and
perfect the said lists; which lists so examined, [and] perfected and
signed by the major part of the said commissioners so met, shall by
one of the said commissioners, whom the rest shall appoint thereto,
be forthwith transmitted unto the treasurer, who upon the receipt
thereof shall issue forth his warrants to the constables of the respective
towns, to collect the sum total of each list upon the inhabitants of such
town [5] according to their respective proportion ; and in case any person
or persons shall neglect or refuse to make pajmient of the sum or sums
so assessed upon them, then to levy the same by distress and sale of
goods of such person or persons so neglecting or refusing, returning the
overplus if any be. And the constables are to pay in unto the treasurer
the one-half of the said tax at or before the twenty-fifth of December
next, and the other half at or before the first day of May following, and
make up their accompts with the said treasurer by the first of June
next, on pain of forfeiting ten jjounds in money unto their majesties for
the support of the government, as also to pay all arrears of said assess-
ments : the said ten pound forfeiture and arrears to be sued for and
recovered by the treasurer in the inferiour court of j^leas in the county
where such constable lives by bill, jjlaint, action or information : 'pro-
vided^ also, that where persons who are not settled inhabitants, and
their estates being rated yet are removed and gone before the same
can be collected, it shall be abated to the constable that was to collect
the same, certificate thereof being given by the selectmen.

Audit is further enacted, hy the authority aforesaid,

[Sect. 3.] That this act for \the'\ granting to their majesties an
assessment upon polls and estates shall continue in force only for this
present levy and no longer, anything to the contrary notwithstanding.
{Passed June 24 ; published July 2.

CHAPTER 5.

AN ACT FOR IMPOST, EXCISE AND TONNAGE OF SHIPPING.

We, their majesties' most loyal and dutiful subjects, the representa-
tives of this their majesties' province, convened in general assembly,
being duely sensible of the great charges and expences which have
already arisen and must necessarily be daily growing and increasing in
defending and securing of their majesties' subjects and interests, and in
\flie'\ prosecuting [o/] the war against their French and Indian enemies,
have chearfullyand unanimously given and granted, and do hereby
give and grant unto their most excellent majesties, their heirs aiid suc-
cessours, to the end and intent aforesaid, and for the defraying of other
the necessary and contingent charges in and about the support of the
government of this their majesties' province, the several duties, impost,
and excise on the wines, liquors, and goods hei-eafter mentioned, and

[1st Sess.] Pkoyince Laws.— 1692-3. 31

humbly beseech their majesties to accept the same. And that it may
be enacted, —

And be it enacted, hy the Governour, Council and Representatives
in General Court assembled, and it is hereby enacted and ordained by
the authority of the same,

[Sect. 1.] That from and after the twenty-ninth day of this instant
June, in the year of our Lord one thousand six hundred ninety and
two, there shall be paid by the importer, for all wines or liquors and
goods hereafter specified, that shall be imported into this province, the
rates hereafter mentioned ;

That is to say, for every pipe of common Fyall wine, the sum of one
pound ; every pipe of Passado wine, one pound fifteen shillings ; every
pipe of Madera Avine, one pound ten shillings ; every pipe of Canary,
Mallago and sherry wiuc[s], two pounds; every pipe of port wine, one
pound five shillings ; and so proportionably for greater or lesser quanti-
ties ; and for CA^ery gallon of rum or other spirits unported as aforesaid,
sixpence. All Avhich imposts as aforesaid shall be paid in currant mony
of this province, the one half at or before the landing thereof, the other
half to be alloAved three months for payment : -provided, there be bond
and security given to the commissioners appointed by this act, or such
as they shall appoint, for the payment thereof at time as aforesaid.

And it is further enacted by the authority aforesaid,

[Sect. 2.] That every merchant or other person importing any
Avines or other liquors into this province, shall be alloAved twelve per
cent for leakage : provided, said Avines haA^e not been filled up aboard.
And that every hogshead of Avine or other liquors that shall not have
full seven iuehes left therein, and every butt or pipe of Avine or other
liquors that hath not nine inches left therein, shall be accounted for
outs, and the merchant or importer to pay no impost or duty for the
same.

And it is hereby further enacted and declared by the authority
aforesaid,

[Sect. 3.] That if all or any wines or liquors as aforesaid be landed,
and afterAvards be exported out of the joroAdnce Avithin nine months after
importation thereof, there shall be repayed or discounted by said com-
missioners, or their order, unto the importers or their assigns, two third
parts of AVhat they paid or secured to be paid for so much as they
export ; he or they making oath that it is the same Avines or liquors for
Avliich the Avliole duty had been duely paid or secured to be paidj and
that it is exported Avithin the time limited as aforesaid by this act.

A7ul it is also enacted by the authority aforesaid,

[Sect. 4.] That for all goods, Avarcs and merchandizes that shall be
imported to any ])art of this province after the tAventy-ninth day of this
instant June, (salt, cotton-Avool, proAdsions and every other tiling of the
growth and product of ISTcav England only excepted,) there shall be
paid by the importer the several imposts and duties following ; that is
to say, for every hundred pound sterling in English merchandizes, at
the prime cost in England (the invoices thereof to be produced and
shoAvn), the sum of ten shillings.

For every hogshead of sugar, one shilling.
For every hogshead of molasses, sixpence.
For CA'ery hogshead of tobacco, sixpence.
For every ton of logg-AVOod, one shilling.

And for all other commodities, goods, Avares and merchandizes
(except as before excepted), one penny for every tAventy shillings value
here. All entries Avhere the ini])ost or duty to be paid doth not exceed
four shillings to be made Avithout charge to the importer ; and not more
than sixpence to be paid for any other single entrv to Avhat value soevex*.

32 Province Laws.— 1692-3. [Chap. 5.]

And tlie better to prevent fraud,

It is further enacted by the authority aforesaid,

[Sect. 5.] That all merchants, factors, or other person or persons,
importers, being owners of or having any of the wines, liquors, goods,
wares and merchandizes consigned to them, that by this act are liable
to pay impost or duty, such person or persons shall by themselves or
order cause the same to be entred with said commissioners, or such as
they shall appoint, and pay their duty, or secure the same to be paid,
as by this act is provided, before such wines, liquors, goods or mer-
chandize be landed, or put into any boat or vessel in order to be
landed, on the forfeiture of such wines, liquors, goods, wares and mer-
chandize so landed or put into any boat or vessel in order to be landed ;
one-third part to their majesties, one-third part to the governour, one-
third part to the informer, that shall sue for the same, by bill, plaint
or information, in any court of record within this province, anything
in tins act or any other to the contrary notwithstanding.

And all manner of persons are hereby required to be aiding and
assisting the said commissioners, their agents, the informer, discoverer,
or seizor of such wines, liquors, or goods so landed or unloadeu contrary
to the true intent and meaning of this act.

And it is further enacted,

[Sect. 6.] That it shall and may be lawful for such as are
impowred or imjiroved by the commissioners, or for the informer or
discoverer, by Avan-ant from the lievtenant-governour or any two jus-
tices of the peace within this province (to that purpose first obtained),
with one constable or more, to search, according to law, all manner of
houses, cellars and warehouses, for such wines and liquors as they or any
of them shall be informed were carried there to be concealed, in j^reju-
dice to the true meaning of this act, and with intent to defraud their
majesties of their said duties. And such wines and liquors so fovmd
shall be forfeited and condemned in manner and form before mentioned :
always provided, that such search be made in the daytime, and within
the space of one month after the offence supposed to be committed.

Provided, also, that if the information whereupon any house shall
come to be searched shall prove to be false, that then and in such case
the party injured shall recover his full damages and costs against the
informer, by action of trespass to be therefore brought against such
informer.

A7id it is further enacted and ordained by the authority aforesaid,

[Sect. 7.] That there shall be given and granted and paid unto their
majesties, their heirs and successors, for the uses aforesaid, an excise upon
all wines, brandy, rhiim and other distilled liquors, perry, beer, ale, cyder
and metheglin, that shall be sold [by] retail in any town or place within
this province, by those that shall retail the same, in manner and form
as is hereafter. expressed and declared. That is to say:

For every gallon of common Fyal wine, the sum of sixpence.

Every gallon of Passado, Malago, Canary and sherry, the sum of
twelvepence.

Every gallon of Madera, the sum of eightpence.

Every gallon of rhum and all other sorts of distilled spirits, the sum
of one shilling.

Every barril of perry, beer, ale and cyder, the sum of one shilling
and sixpence.

And every gallon of metheglin, the sum of fourpence.

All currantnioney of this province and after that rate for any greater
or lesser quantities.

And for the due and orderly collecting and receiving of the excise
aforesaid, —

[IstSess.] Province Laws.-~1692-3. 33

It is hereby further enacted and declared by the authority aforesaid^
[Sect. 8.] That all retailers of wine, brandy, rhum and other distilled
liquors, perry, beer, ale, cyder, and metheglin within this province, having
any of the said liquors in their respective houses, or elsewhere, belonging
unto them, at the time of the publishing of this act, shall make due
entry, and pay the duties and excise aforesaid for the same as is herein
before mentioned. And upon their further receipt or purchase of all
or any of the liquors before mentioned, shall within twenty-four hours
after the receipt or purchase thereof make entry with the said commis-
sioners, or such person or persons that shall be appointed to receive and
collect the same, and pay the duties and excise aforesaid, under the
penalty of forfeiture of all such liquors as shall be found in any retail-
er's house, not being duely entred and the excise paid as aforesaid ; and
every retailer who shall make his own cyder and metheglin, brew his
own beer or ale, or distill strong liquors, shall from time to time, and at
all times when he or they shall make, brew or distill the same, make
entry with said commissioners, or such other person or persons as for
that jDurpose shall be appointed, of all such cyder, metheglin, ale, beer
or distilled liquors by them made, brewed or distilled, and pay the
excise as aforesaid, under the like penalty and forfeiture of all such
liquors as shall be found in any retailer's house not entred and the
excise thereof not paid in manner before expressed ; and to that end, it
shall and may be lawful to and for such officer or officers as by the
commissioners shall be appointed and impowred, when and so often as
he or they shall think fit, in the daytime, to enter into any retailer's
house, cellar or warehouse to search for such wines or liquors, &c., as
are not duely entred nor the excise paid for the same ; and such wines
or liquors, &c., so found to seize and secure in order to the tryal and
conviction thereof, and to gage any cask or casks for that end and
purpose : promded^ always^ that it shall and may be lawful to and
for the commissioners to agree with any retailer for his excise for one
whole year, in one intire sum, to be paid quarterly, as they in their
discretion shall think fit to agree for, without making any entry as
aforesaid.

And it is further enacted by the authority aforesaid,
[Sect. 9.] That no person or persons, on any pretence or colour
whatsoever for the future, shall or may take in, receive, harbour, enter-
tain, keep or conceal, in his or their dwelling-houses, cellars or ware-
houses, any quantity or parcel of wines or other liquors, belonging to
any licensed person or persons, retailer or retailers, under the penalty
of forfeiture of twenty pounds for every such quantity or parcel of
wines or other liquors so taken or received, harboured, entertained,
kept, and concealed as aforesaid.

All which penalties and forfeitures (one half to their majesties, their
heirs and successors, for the support of the government, the other
moiety to the informer that shall sue for the same), shall be recovered
by bill, plaint or information in any court of record within this prov-
ince, wherein no essoyn, protection, wager of law, non vult ulterius
prosequi, or injunction shall be allow'd, anything in this act or any
other to the contrary thereof in any wise notwithstanding. And all
manner of persons are hereby required to be aiding and assisting to the
officer or officers as shall be appointed to collect and receive the excise
aforesaid in the due execution of their respective offices.
And it is further enacted by the authority aforesaid,
[Sect. 10.] That there be commissioners nominated, appointed and
commissioned by the govemour and council to receive all entries, and
to transact and manage all and whatsoever doth relate unto this act and
the due observance thereof; which commissioners shall appoint and
employ such and so many oflScers under them as they shall find needful

34 Province Laws.— 1692-3. [Chap. 6.]

for that purpose. The said commissioners and [aW] other officers to be
employed under them, before their entring upon the execution of their
respective offices, shall be sworn before the governour or Hevtenant-
governour, or one or more members of the council, or two justices of
the peace, to deal truly and faithfully in the execution of the same ;
which aforesaid commissioners, for their own service and labour in this
affiiir, and the payment of all their under officers and charges whatso-
ever, shall be allowed one just sixth part of all such moneys as shall be
collected and brought into the publick treasury by vertue of this act ;
the said commissioners to account with the treasurer for all their
collections.

And it is likewise further enacted and declared by the authority
aforesaid^

[Sect. 11.] That every ship or vessel above twelve tons 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, shall every voyage
they make pay twelvepence per ton, or one pound of good and new gun-
powder for each ton such ship or vessel is in burthen ; to be imployed
for the supply of their majesties castles and forts within this province,
to be received by the treasurer or such other as in the several ports or
places shall be appointed to receive the same.

And it is hereby enacted and declared by the authority aforesaid,

[Sect. 12,] That this present act, entituled "An Act for Impost,
Excise and Tonage of Shipping," shall remain and continue in force for
the teim and space of one whole year, and no longer, anything herein
before contained to the contrary thereof in any wise notwithstanding.
[Passed June 24 ; published June 28.

CHAPTER 6.

AN ACT FOR THE ERECTING OF A NAVAL OFFICE.

Disallowed by Whereas by act of parliament, made in the fifteenth year of King
S! iu^s't'^jT Charles the Second, entituled, " An Act for the encouragement of trade,^'
1696. ' It is provided. That no ship or vessel, coming to any land, island,

plantation, colony, or territory, or place, to his majesty or heirs and
successors belonging, in America, shall lade or unlade any goods or
commodities whatsoever, until the master or commander of such ship
or vessel shall first have made known to the governour of such land,
island, plantation, colony, territory or place, or such other person or
officer as shall be by him thereunto authorized and appointed, the
arrival of the said ship or vessel, with her name, and the name and
surname of her master or commander, and have shown to him that she
is an English-built ship, or made good by producing certificate that she
is a ship or vessel free, and navigated with an English master, and
three fourth parts of the mariners Englishmen, under the pain of the
loss of ship or vessel and apparel ; now for the due and more efiectual
observation of said act of parliament, and that all undue trading con-
traiy to the said act may be prevented in this their majesties' province
of the Massachusetts Bay, —

Be it enacted and ordained, by the Governour,^ Council and Repre-
sentatives in General Assembly convened, and it is hereby enacted and
ordained by the authority of the same,

[Sect. 1.] That in the several ports and places hereafter mentioned
there shall be a naval office erected, wherein the officers by the gov-
ernour to be appointed for the ends aforesaid shall duely attend j that

[1st Sess.] Province Laws.— 1692-3. 35

is to say, at Boston, for the port of Boston and Charlstown ; at Salem,
for the port of Salem and Marblehead ; at Ipswich, at Newbury, at
Kittery, at Plimouth, and at Bristol ; at which naval office all masters
of ships or vessels arriving in this province shall make their entry with
the officer, according as the said act of parliament requires.
And be it also enacted by the authority aforesaid,
[Sect. 2.] That all masters of ships or vessels sailing out of this
province shall, before their sailing out thereof, clear their said ships or
vessels in the said naval office. And that an officer be appointed at
Martha's Vineyard, and another at Nantucket, 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
the fees in the said office to be demanded and received shall be these
following and no other ; viz., —

For entring and clearing all ships and vessels trading to this
place from abroad (excepting Connecticut, Rhode Island,
Narraganset and New Hampshire,) viz., two shillings

entring and two shillings clearing, £Q 45. Qd.

Examining and recording certificates that bonds are given

according to the act of navigation, two shillings, ... 0 2 0
A bond given according to the act of navigation, and for
the copying of the same to be transmitted for England,

three shillings, 03 0

A certificate of the lading, two shillings, 0 2 0

For entring and clearing all vessels trading to and from
Connecticut, Rhode Island, Narraganset, and New Hamp-
shire, five shillings per year, or twelvepence each voyage,

at the master's choice, 010

A certificate for vessels lading of goods, carried in them

from port to port within the province, one shilling, ..010
A certificate for goods of the growth of Europe, carried out

of the province to other plantations, two shillings, ... 02 0

For every oath administred, sixpence, 0 0 6

And the said naval officer is hereby impowered to administer the
oaths requu-ed by said act of parliament. [^Passed June 27 ; published
July 2.

This act " It hatb been thought fit to repeal, inasmuch as the powers and directions therein
given to the said Officer are, bj' divers Acts of Parliament, reserved to such Officer or Officers
as shall be appointed by the Commissrs of His Ma'y» Customes, to whom, more particularly,
in pursuance of an Act made in the 25"> year of the reign of King Charles the second, that
whole business does belong, to order & manage the same and to cause the severall duties
thereby imposed to be levyed ; and accordingly the Comm" of his Ma'y> Customes have by
directions of the Lords Comm" of the Treasury appointed an Officer to take care of that
whole matter ; which said Officer you are to encourage and assist in the execution of his
Office in pursuance of severall Acts of Parliament made in that behalf, which restriction,
nevertheless, is not to hinder the appointing a Navall Offi.cer by his Ma'y» Governor or
Comand' in Chief, and the enforcing by a Law the directions and authorities to him given,
provided the same be agreeable to the usage of other Plantations; and for your further infor-
mation herein you will herewith receive the copies of a Commission & Instructions usually
given to a Navall Officer in other Plantations wherein His Ma'? will expect a due conformity,
likewise, in his Maj"" Province of the Massachusetts Bay."— Letter from the Privy Council to
the Governor ^ Council oj ike Province, Dec. 26, 1695.

CHAPTER 7.

AN ACT FOR MAKING THE FORMER BILLS OF CREDIT TO PASS CURRANT
IN FUTURE PAYMENTS.

Whereas their majesties* affiiirs within this province do require a
speedy advance for the defence of the province and the prosecution of
the war against their French and Indian enemies, and there being no

36 Province Laws. — 1692-3. [Chap. 8.]

stock at present in the treasury to supply the same, or to defray other
the necessary charges for support of the government, —

Be it therefore ordained and enacted^ by the Govemour^ Council and
Representatives convened in General Assembly^ and it is enacted by the
authority of the same,

[Sect. 1.] That all bills of public credit issued forth by order
of the general court of the late colony of the Massachusetts Bay,
shall pass currant within this province in all payments equivalent to
money, for the sum in each bill respectively mentioned (excepting all
specialties and contracts made before publication hereof), and in all
publick payments, at five per cent advance.

And for encouragement to such person or persons as are possessors
of said bills to lend them for the service of the publick, —

It is further enacted, by the authoi'ity aforesaid,

[Sect. 2.] That they and every of them who shall so do, be secured
by the publick taxes and other revenues arising within this province
already granted, and shall be reimburst and paid in money within the
space of twelve moneths out of the said taxes and revenues such sum and
summs as he or they shall respectively so lend and deliver tmto the treas-
urer of this their majesties' province, in bills as aforesaid, to be made to
appear by receipt : provided, that such of said bills, and no other, as
shall be indorsed by Capt. Jeremiah Dummer and Mr. Francis Bur-
roughs, shall be accounted currant, excepting for payment of those rates
that were granted before the arrival of His Excellency the Govemour.
And the said Capt. Jeremiah Dummer and Mr. Francis Burroughs are
hereby appointed to receive in all bills which any person or persons
shall lend as aforesaid, and dehver the same to the treasurer.

Provided, also. That all persons who shall lend their bills as afore-
said, shall have credit for all summs which they shall have to pay in all
publick payments whatsoever, being bona fide for their own account, to
be allowed them by discount upon a note from the treasurer. [Passed
July 2 ; published July 6.

CHAPTER 8.

AN ACT FOR TRANSPORTING OF PART OF THE MILITIA OF THE PROVINCE,
OR OBLIGING THEM TO MARCH TO THE RELIEF OF THE NEIGHBOURING
PROVINCES OR COLONIES.

Forasmuch as in this time of war there may be occasion for the rais-
ing of souldiers, and transporting or marching of them out of the limits
of this province into the neighbouring provinces and colonies of New
Hampshire, Rhode Island, Connecticut, Narragansett, or New York for
the prosecution of the French or Indian enemy and the defence of their
majesties' subjects and interests, —

Be it enacted and ordained, by the Govemour, Council and Repre-
sentatives convened in Getieral Court, and it is enacted by the authority
of the same,

That in the vacancy of the general assembly it shall be in the
liberty of His lExcellency the present Govemour, by and with the advice
and consent of the Council, to raise and transport such part of the
militia of this province as they shall find needful, or obUge them to
march into any of the before-named provinces or colonies, for the ends
aforesaid, at any time or times within the space of six months next, and
at no time afterward, without their free and voluntary consent, or the
consent of the great and general court or assembly ; anything in this
present act contained to the contrary thereof in any wise notwith-
standing. [Passed June 28 ; published July 2.

[1st Sess.] Province Laws.— 1692-3. 37

CHAPTER 9.

AN ACT FOR THE HOLDING OF COURTS OF JUSTICE.

Forasmuch as the orderly regulation and •well-establishment of courts DisaUowed by
of justice is of great concernment, and the publick occasions with refer- *^,® ^ugusfaf'
ence to the war and otherwise being so pressing at this season that this 1695.
court cannot now conveniently sit longer to advise upon and fully settle
the same, but to the intent that justice be not obstructed or delayed, —

£e it ordained atid enacted, by the Governour, Council and Mepresenta-
tivesy convened in General Assembly, and it is ordained by the authority
of the same,

[Sect. 1.] That on or before the last Tuesday of July next there
be a general sessions of the peace held and kept in each respective
county within this province, by the justices of the same county, or three
of them at the least (the first justice of the quorum then present to
preside), who are hereby impowred to hear and determine all matters
relating to the conservation of the peace and whatsoever is by them
cognizable according to law, and to grant licenses to such persona
within the same county, bemg first approved of by the selectmen of
each town where such persons dwell, whom they shall think fit to be
employed as inholders or retailers of wines <or strong liquors. And that
a sessions of the peace be successively held and kejDt as aforesaid within
the several counties at the same times, and places as the county courts
or inferior courts of common pleas are hereinafter appointed to be kept.

And it is further enacted, by the authority aforesaid,

[Sect. 2.] That the county courts, or inferior courts of common
pleas, be held and kept in each respective county by the justices of the
same county, or three of them at the least? (the first justice of the quo-
rum then present to preside), at the same times and places they have
been formerly kept according to law, for the hearing and determining
of all civil actions arising or happening within the same, triable at the
common law according to former usage ; the justices for holding and
keeping of the said court within the county of Suffolk to be particularly
appointed and commission[at]ed by the governour, with the advice and
consent of the council. And that all writts or attachments shall issue
out of the clerk's office of the said several courts, signed by the clerk
of such court, directed unto the sheriff of the county, his under-sheriff
or deputy. The jurors to seiwe at said courts to be chosen according
to former custome, by and of the freeholders and other inhabitants,
qualified as is directed in their majesties' royal charter.

This act to continue untill other provision be made by the general
court or assembly. \_Passed June 28 ; published July 2.

" — whereas * * * Inferior Courts are appointed to be held by the Justices of Peace in each
County and the Justices of Peace in the County of Suffolk are to be specially app'd by the
Governor with the consent of the Councill, Whereby the powers of his Ma'J" Charter is enacted
and e.stablished into a law & distinction made by the said Act in the manner of appointing
Justices for the County of Suflblk and other Counties, It hath been thought fit to repeal the
said Act." — Letter from the Privy Council^ ut supra.

38 Province Laws.— 1692-3. [Chap. 10.]

CHAPTER 10.

AN ACT FOE INCORPORATING OF HARVARD COLLEGE, AT CAMBRIDGE, NEW

ENGLAND.

Disallowed by Wheeeas, there hath been for many years, in the town of Cambridge,
cii! AugiTst 22!^' in the county of Middlesex, in New England, a society commonly
1695. known by the name of Harvard College, where many persons of known

worth have, by the blessing of Almighty God, been the better fitted for
pubUc employments, both in the church and in the civil state ; and
whereas^ the due encouragement of all good literature, arts and sciences
will tend to the honor of God, the advantage of the Christian Protes-
tant religion, and the great benefit of their majesties' subjects inhabiting
this province, both in the present and succeeding generations : and
considering that many persons have bestowed legacies, gifts, heredita-
ments and revenues on the said college, —

Be it therefore enacted and ordained by His Excellency the Governor^
Council and Representatives of Their Majesties lyrovince of the Massa-
chusetts Bay, in New England, convened in General Assembly, and by
the authority thereof it is enacted and ordained,

[Sect. 1.] That the said college, in Cambridge, in the county of
Middlesex, in their majesties' province of the Massachusetts Bay in
New England, shall be a corporation consisting of ten persons ; that is
to say, a president, eight fellows and a ti-easurer ; and that the Rev.
Mr. Increase Mather shall be the first president ; James Allen, Samuel
Willard, Nehemiah Hobart, Nathaniel Gookin, Cotton Mather, John
Leverett, William Brattle, Nehcmiah Walter, masters of art, shall be
the eight fellows ; and John Richards, Esq., the treasurer ; all of them
inhabitants in said province, and the first ten persons whereof the said
corporation shall consist, which said Increase Mather, James Allen,
Samuel Willard, Nehemiah Hobart, Nathaniel Gookin, Cotton Mather,
John Leverett, William Brattle, Nehemiah Walter and John Richards,
and their successor, shall forever hereafter, in name and fact, be one
body politic and coi-porate in law, to all intents and purposes ; and
shall have perpetual succession, and shall be called by the name of the
President and Fellows of Harvard College; which persons, or the
greater number of them, shall have power and are hereby authorized at
any time or times to elect a new president, fellows and treasurer, so
often, and from time to time, as any of the said persons shall die or be
removed : provided, no such election be made without notice given in
writing under the hand of the president or senior fellow unto the per-
sons concerned, seven days at least before such election be made. And
the said president, fellows and treasurer, and their successors elective,
as aforesaid, shall and may purchase and acquire to themselves, or take
and receive upon free gift or donation any lands, tenements or hered-
itaments within the province aforesaid, not exceeding the value of four
thousand pounds per annum, and any goods or sum of money what-
ever to the use and behoof of the said president and fellows of Harvard
College, and also for the encourgement of learning ; and may sue and
plead or be sued and impleaded by the name aforesaid in all courts and
places of judicature ; and that the said president and fellows and their
successors may have forever one common seal to be used in all causes
and occasions of the said corporation, and the same seal may alter,
change, break and new make, from time to time, at their pleasure. And
the said president and fellows, or the major part of them, from time to
time may meet and choose oflicers and menial servants for the college,
and them also to remove, and, after death or removal, to choose such
others, and to make from time to time such statutes, orders and by-laws

[1st Sess.j Province Laws.--1692-3. 39

for the better ordering the affairs of the college as they shall think fit.
And alsoj that the president and fellows, or major part of them, with
the treasurer, shall have power to make conclusive bargains for landa
and tenements to be purchased by the said corporation for valuable
consideration.

And for the better ordering the government of the said college or
academy,

JBe it enacted by the authority aforesaid^

[Sect. 2.] That the president and fellows, or any six of them, shaU
and may from time to time, upon due notice or warning given by the
president to the rest, hold a meeting for the debating and concluding
of affairs concerning the profits and revenues of any lands, and disposing
of their goods : provided, that all the said disposals be according to the
will of the donors ; and for direction in all emergent occasions, and the
execution of all statutes, orders and by-laws : in all which cases afore-
said the conclusion shall be made by the president and major part of
the fellows. And all the transactions aforesaid shall tend to and for
the use and behoof of the president, fellows, scholars and officers of the
said college, and for all accommodations of buildings, books and all
other necessary provisions and furniture as may be for the advancement
and education of youth in all manner of good literature, arts and
sciences.

And further he it enacted hy the authority aforesaid^

[Sect. 3.] That all the lands, tenements and hereditaments, houses
or revenues, within said province, to the aforesaid president, fellows or
college appertaining, shall from henceforth be freed from all public
ordinary rates and taxes appertaining to the province in general. And
that the said president, fellows and scholars, with the said servants and
other necessary officers to the said president or college appertaining, —
which servants and ofiicers are not to exceed fifteen ; viz., three to the
president and twelve to the college belonging, — shall be exempted from
all personal civil offices, military exercises, watchings and wardings.
And the estate of the said president and fellows, imder their own man-
agement, to be free from all rates and taxes : pi-ovided, they reside and
dwell in the college.

And whereas, it is a laudable custom in universities, whereby learn-
ing has been encouraged and advanced, to confer academical degrees or
titles on those who by their proficiency as to knowledge in theology,
law, physic, mathematics or philosophy, have been judged worthy
thereof, —

It is hereby enacted and ordained,

[Sect. 4.] That the president and fellows of the said college shall
have power, from time to time, to grant and admit to academical
degrees, as in the universities in England, such as, in respect of learning
and good manners, they shall find worthy to be promoted thereunto.

And whereas, there have been at sundry times and by divers persons
gifts, grants, devises of houses, lands, tenements, goods, chattels, lega-
cies, conveyances, heretofore made to the said Harvard College, in
Cambridge, in New England, or to the president and fellows thereof
successively, —

[Sect. 5.] The said gifts, grants, devises and legacies are hereby
forever confirmed according to the true intent and meaning of the
donor or donors, grantor or grantors, devisor or devisors. \_Passed
June 27, 1692.

" — whereas * * * no power is reserved to his Ma'^ to appoint visitors for the better regu-
lating the said Colledge the said Act hath been repealed, that the Generall Assembly may
renew the same with a power of visitation reserved both to His Ma'^ & the Govern' or
Comander in Chief of that Province." — Letter from the Privy Council, ut supra.

40 Province Laws.— 1692-3. [Chap. 11.]

ACTS

Passed at the Session begun and held at Boston,
ON the Twelfth day of October, A.D. 1692.

CHAPTER 11.

AN ACT SETTING FORTH GENERAL PRIVILEDGES.

JBe it declared and enacted by the Governour^ Council and Repre-
sentatives of their majesties^ ^:)r'outwce q/" the Massachusetts £ay i7i New
England, in General Court assonbled, and by the authority of the same^
Disallowed by That all and every the rights and liberties of the people, in this
cu? August 22°' pi'esent act mentioned, shall be firmly and strictly holden and observed;
1695. ' that is to say, —

See p. m,post, [Art. 1.] That no fi-eeman shall be taken and imprisoned or be dis-

°°*®' seized of his freehold or libertys or his free customes, or be outlawed or

exiled, or in any manner destroyed, nor shall be passed upon, adjudged

or condemned, but by the lawful judgment of his peers or the law of

this province.

[Aet. 2.] Justice nor right shall be neither sold, denied or deferred
to any man within this province.

[Art. 3.] No man shall be twice sentenced for one and the same
crime, offence or trespass.

[Art. 4.] No aid, tax, tallage, assessment, custome, loan, benevo-
lence or imiJosition whatsoever shall be laid, assessed, imposed or levied
on any of their majesties' subjects or their estates, on any colour or
pretence whatsoever, but by the act and consent of the governour,
council and representatives of the people, assembled in general court.

[Art. 5.] No man, of what state or condition soever, shall be put
out of his lands or tenements, nor be taken nor imprisoned nor disher-
ited nor banished nor any ways destroyed, without being brought to
answer by due process of law.

[Art. 6.] All trials shall be by the verdict of twelve men, peers or
equals, and of the neighbourhood and in the county or shire where the
fact shall arise or grow, whether the same be by indictment, information
or otherwise against the person offending, except in cases where the law
of the province shall otherwise provide.
8 Gray, 362. [Art. 7,] In all capital cases there shall be a grand inquest, who

shall first present the offence, and then twelve men of the neighbour-
hood to try the offender, who, after his plea to the indictment, shall be
allowed his reasonable challenges.

[Art. 8,] In all cases whatsoever bail by sufficient sureties shall be
allowed and taken, unless for treason or felony plainly and especially
expressed and mentioned in the warrant of commitment : provided^
always, that nothing herein contained shall be understood to extend to
discharge out of prison upon bail any person taken in execution for
debt, or otherwise legally sentenced by the judgment of any of the
courts of record within this province.

[2d Sess.] Province Laws.— 1692-3. 41

[Akt. 9.] All lands and heritages within this province shall be free
from year, day and wast, escheats and forfeitures, upon the death of
parents or ancestors, natural, casual or judicial, and that for ever, except
in cases of high treason. [Passed October 13.

" The Act &c, hath been likewise repealed by reason of a Clause in y» said Act whereby it is

enacted that all y° lands & heritages within y" said Province shall be free from year, day &
wast, escheats and forfeitures upon death of parents or ancestors naturall, casuall or judiciall,
and that for ever, except in cases of High Treason, which is repugnant to the Laws of Eng-
land,— and for that the said Act requires bail to be taken in all cases except treason and felony
plainly exprest in the Warrant of Commitment which with other priviledges proposed by y*
said Act not having been as yet granted by His Majesty in any of the plantations It was not
thought fit in His Maj"" absence to allow y» same." — LtUerfrom Privy Council, ut supra.

CHAPTER 12.

AN ACT FOR THE QUIETING OF POSSESSIONS AND SETLING OF TITLES.

Whereas, for the preventing of contests and law-suits, referring to Disallowed by
housing and lands, (there having been a neglect in many persons, in the ^^j^ August 22°'
infancy of these plantations, to observe a legal course and method for 1695.
the passing and confirmation of sales and alienations,) it was ordered ^^ *^°'
and enacted by the late govemour and company of the Massachusetts
Bay, in the year one thousand six hundred fifty-seven,* that any person
or persons who, either by themselves or by their grantees or assigns,
before the law made for direction about inheritances, bearing date
October the nineteenth, one thousand six hundred fifty-two,t have pos-
sessed and occupied as his or their own proper right, in fee simple, any
houses or lands within this jurisdiction, and shall so continue, whether
in their own persons, their heirs or assigns, or by any other person or
persons from, by or under them, without disturbance, let, suit or denial
legally made, by having the claim of any person thereto entred with the
recorder of the county where such houses or lands ly, with the names
of the persons so claim^ing, and the quantity and bounds of the lands
and houses claimed, and such claim prosecuted to effect within the term Five years'
of five years next after the twentieth of May, one thousand six hundred quiet possession
fifty and seven, — every such proprietor, his or her heirs and assigns, by
virtue of such possession, shall forever after enjoy the same, without
any lawful let, suit, disturbance, or denial by any after-claim of any
person or persons whatsoever, any law or custome to the contrary not-
withstanding ; which before recited law, referring to possession, having
been found by long experience to be of great benefit and service imto
their majesties' subjects within this their province, —

It is enacted and ordainedhy the Govemour^ Council and Hepresenta-
tives in General Court assembled^ and by the authority of the same,

[Sect. 1.] That the said law be and hereby is ratifyed and con-
finned, and to continue and remain in full force as formerly.

And for the further quieting of possessions and setling of titles, —

It is also enacted and ordained by the authority aforesaid,

[Sect. 2.] That every person and persons, for the future, shall have Three years'
the Uke benefit of possession, who, by him or themselves, grantees or quiet pos^s-
assigns, were possessed of any houses or lands within this province, in title.
his or their own proper right, upon the first day of this instant month
October, and shall continue in such possession for the space of three
years next after, without disturbance or action brought against them :
X>rovided, this act shall not be understood to barr the title of any infant, Savings,
feme-covert or person non cmnpos meyitis, imprisoned, or in captivity,
who shall have the like time of three years next after such imperfection

• See Becords of the Governor and Conncil of the Mass. Bay, Vol, m., p. 422-3. t Ibid., p. 280.

42 Peovince Laws.— 1692-3. [Chap. 13.]

removed to pursue their challenge to any houses or lands wherein they
have interest or title. And for all persons beyond sea, the time of seven
years from the date hereof shall be allowed them to pursue their
challenge as aforesaid. \^JPassed October 14.

" Whereas by y Act &c., no provision is made for y" saving his Ma'?' right the said Act is
repealed that in y framing a new Act to the same effect a clause may be inserted for saving the
rights of the Crown, and thaty" term of three years' possession proposed by y» said Act which
is thought too little for y« confirmation of titles may be enlarged." — Litter from the Privy
Council, ut supra.

CHAPTER 13.

AN ACT FOR BUILDING WITH STONE OR BRICK IN THE TOWN OF BOSTON,
AND PREVENTING FIRE.

Whereas great desolations and ruines have sundry times happened
by fire breaking out in the town of Boston, principally occasioned by
reason of the joyning and nearness of the buildings, being mostly of
timber and covered with shingle ; for the better preventing of such
accidents for the future, and damage and loss thereby, —

JSe it ordained and enacted hy the Governour, Council and Repre-
sentatives., convened in General Court or Assembly^ and it is enacted
by the authority of the same,
Bvuidingsin [Sect. 1.] That henceforth no dwelling-house, shop, warehouse,

bricko/stone°^ barn, Stable or any other housing of more than eight feet in length or
and covered ' breadth, and seven feet in heighth, shall be erected and set up in Bos-
^ ^^ ' ton, but of stone or brick, and covered with slate or tyle, unless in
particular cases where necessity requires, — ^being so judged and signified
in writing under the hands of the justices and selectmen of the said
Governor and town, or major part of both, — the governour, with the advice and con-
councii to grant sent of the council, shall see cause to grant licence unto any person to
wdth^timber|\n build with timber or cover with shingle. And if any person shall pre-
case, &c. sume to erect, or cause to be erected, any frame or building contrary

hereto, upon conviction thereof before two justices of the peace, {quo-
rum unus,) such building shall be deemed a common nusance ; and the
owner of such frame or building shall enter into a recognizance to
demolish the same, and, in default of entring into such recognizance,
- shall be committed to prison until he do cause the same to be demol-
transgressing ished, or else such building shall be demolished by order of the quarter
this act. sessions of the peace within the said county, and the charge thereof to

be levied by distress and sale of such offender's goods, by warrant from
the court of quarter sessions.

And it is further ordered and enacted,
J . , [Sect. 2.] That in all void and unbuilt places which shall hereafter

selectmen to be imjDroved for building, or when at any time any total consumption
^y t)ut streets, ^j, desolation shall happen in any street or lane within the said town, it
i2Aiien, 238. shall be in the power of the justices of the peace of said town then in
being, together with the selectmen, or the major part of both, to state
and lay out such streets, ways and passages as may be most for the
conveniency and accommodation of the place ; as also where any deso-
lation has happened, to regulate and enlarge other narrow and crooked
lanes or passages. And where any paiticular persons shall have their
A^urytoascer- land taken away or lessened thereby, a jury of twelve men shall be
tain toe v^ahie^^ appointed by two justices of the peace, and sworn to ascertain the
fand iai^To any value thereof, to be paid by the person to whose land the same shall be
street. added, or by the neighbourhood or town, in proportion to the benefit

[2d Sess.] Province Laws.— 1692-3. 43

or conveniency any shall hare thereby. And every person biiilding as ftandiTalf i*n
aforesaid with brick or stone shall have liberty to set half his partition the neighbor's
wall in his neighbour's ground, so that he leave toothing in the corners ground,
of such walls for his neighbour to adjoyn unto, who, when he shall
build, such neighbour adjoyniug shall pay for one-half of the said par-
tition wall, so far as it shall be built against. And in case of any dif-
ference arising, the selectmen shall have power to appoint meet persons
to value the same or lay out the 'line between such neighbours.

And whereas^ several houses and other buildings have been erected
and set up since the year one thousand six hundred and eighty-eight,
contrary to the law made by the General Court of the Massachusetts
Colony, —
It is hereby ordained and enacted by the authority aforesaid^
[Sect. 3.] That every owner of such house or buildings so set up
contrary to said law, shall cause the same to be covered with slate or
tyle ; or otherwise such houses or buildings shall be deemed a common
nusance, and the owner thereof proceeded against accordingly.
And be it further enacted and declared by the authority aforesaid,
[Sect. 4.] That when any fire shall happen to break out either in Two or three of
Boston or any other town within this province, two or three of the tary'officers^o
chief military or civil officers of the same town shall, or may, and hereby f^'^'^j'^j*^^ p^^'
are impowred to give directions for the pulling down or blowing up blowing up of
any such house or houses that shall be by them adjudged meet to be ^'^^^^ *° ^*°P
pulled down or blown up for the stopping and preventing the further
spreading of the same. And if it shall happen that the pulhng down
or blowing up any such house or houses by the directions aforesaid,
shall be the occasion of stopping the said fire, or that the fire stop
before it come to the same, that then all and every owner of such house ^topped^i^^
or houses shall receive reasonable satisfaction, and be paid for the same pulling down or
by the rest of the inhabitants whose houses shall not be burnt ; who are hmiT^th'?* ^°^
hereby impowred to make such rate or rates, for the raising and levy- owner to be
ing of such sum and sums of money as shall be thought convenient by ^^^ '
the selectmen and justices of said town for that end : provided, always,
that if the house where the fire shall first begin and break out, shall be
adjudged fit to be pulled down or blown up to hinder the further spread-
ing and increase of the same, that then the owner of such house shall
receive no manner of satisfaction for the same, anything in this act con-
tained notwithstanding. \JPassed October 25»

CHAPTER 14.

AN ACT FOR THE SETLING AND DISTRIBUTION OF THE ESTATES OF

INTESTATES.

Whereas estates in these plantations do consist chiefly of lands which 9 Mass. 400.
have been subdued and brought to improvement by the industry and ^ ^'"*^' ^^'
labour of the proprietors, with the assistance of their children, the
younger children generally having been longest and most serviceable
unto their parents in that behalf, who have not personal estates to give
out unto them in portions or otherwise to recompence their labour,

J^e it therefore enacted and ordained by the Qovernour, Council and
JRe2>r€sentatives, convetied in General Court or Assembly, and it is
ordained by the authority of the same,

[Sect. 1.] That every person lawfully seized of any lands, tene- pergons seiaed
ments, or hereditaments within this province, in his own proper right °f '^"''^ ^° ^^?
in fee simple, shall have power to give and dispose, and devise, as well pose of the same
by hia last will and testament in writing, [as] [or] otherwise by any ^ ^^'' ^'^'

Province Laws. — 1692-3.

[Chap. 14.]

act executed in his life, all such lands, tenements and hereditaments to
and among his children or others, as he shall think fit at his pleasure j
and if no such disposition, gift, or devise be made by the owner of any
such lands, tenements and hereditaments, the same shall be subject to
a division, with his personal estate, and be alike distributed, according
Administration to the rules hereinafter exprest for intestate estates. And when and so
inte^mes^*how often as it shall happen, that any person dyes intestate, administration
to be granted, of g^^]^ intestate's goods and estate shatl be granted unto the widow or
next of kin to the intestate, or both, as the judge for probate of wills
and granting of administrations shall think fit ; who shall thereupon
take bond with sureties in manner as is directed by the statute of the
twenty-second and twenty-third of Charles the Second, and shall and
may proceed to call such administrators to account for, and touching
the goods of the intestate ; and, upon due hearing and consideration
thereof (debts, funeral and just expenses of all sorts being first allowed,)
the said judge shall, and hereby is fully impowi-ed to order and make a
just distribution of the surplusage, or remaining goods and estate, as
Distribution of -^rell real as personal, in manner following; that is to say, one-third
estates. part of the personal estate to the wife of the intestate forever, besides

9 Mass' 111 '^^' ^®^ dower or thirds in the houses and lands during life, — where such
12 Mass. 491. wife shall not be otherwise endowed before marriage ; and all the resi-
due of the real and personal estate, by equal portions, to and among
his children, and such as shall legally represent them (if any of them be
dead) other than such children, who [^shaW] have any estate by settle-
Advancements ment of the intestate in his lifetime equal to the others' shares. Chil-
dren advanced by settlement, or portions not equal to the others' shares,
to have so much of the surplusage as shall make the estate of all to be
Share of eldest equal, except the eldest son then surviving (where there there is no
*®"* issue of the first-born or of any other elder son), who shall have two

shares, or a double portion of the whole ; and where there are no sons,
the daughters shall inherit as coparceners : the division of the houses
and lands to be made by five suflicient freeholders, upon oath, or any
three of them, to be appointed and sworn by the judge for that end ;
unless where all the partit s interested in any estate, being legally capa-
ble to act, shall mutually agree of a division among themselves and
present the same in writing under their hands and seals ; in which case
such agreement shall be accepted and allowed for a settlement of such
estate, and be accounted valid in law, being acknowledged by the par-
ties subscribing before the judge, and put upon record : provided, nev-
ertheless, that whei*e any estate in houses and lands cannot be divided
among all the children, without great prejudice to or spoyling of the
whole being so represented and made to appear unto the said judge,
the judge may order the whole unto the eldest son, if he accept it, or to
any other of the sons successively, upon his refusal ; he paying unto the
other children of the deceased their equal and proportionable parts or
shares of the true value of such houses and lands, upon a just apprize-
ment thereof to be made by three suflicient freeholders, upon oath, to
be appointed and sworn as aforesaid, — or giving good security to pay
the same in some convenient time, as the said judge shall limit, malang
reasonable allowance in the interim, not exceeding six per cent per
annum ; and if any of the children happen to dye, before he or she
come of age or be married, the portion of such child deceased shall be
equally divided among the survivors. And in case there be no chil-
dren nor any legal representatives of them, then one moi[e]ty of the
personal estate shall be allotted to the wife of the intestate forever, and
one-third of the real estate, for term of life ; the residue both of the real
and personal estate equally to every [one] of the next of kin of the
Kules of descent intestate, in equal degi'ce, and those who legally represent them. No
anddistribu- representatives to be admitted among collaterals after brothers' and

13 Mase. 416.

to children.

Daughters to
inherit as co-
parceners.
7 Mass. 83.
Committee to
divide.

Division by the
parties.

Where estate
cannot be di-
vided without
prejudice, &c.

Death of child
under age and
unmarried.
15 Mass. 291.

Widow's por-
tion where
there are no ■
children, &c.

[2d Sess.] Province Laws.— 1692-3. 45

sisters' children ; and if there be no -wife all shall be distributed among

the cliildi-en ; and if no child, to the next of kin to the intestate in

equal degree and their legal representatives as aforesaid ; and in no

other manner whatsoever. And every one to whom any share shall be

allotted shall give bond, with sureties, before the said judge of probate,

if debts aftei-wards be made to appear, to refund and pay back to the

administrator his or her ratable part thereof and of the administrator's

charges. The widow's thirds or dower in the real estate, at the exjDira-

tion of her tenn, to be alike divided as aforesaid : saving to any person Right of appeal

ag[g]rieved at any order, sentence or decree made for the settlement ^^^^'*'

and distribution of any intestate estate, their right of appeal unto the

govemour and council, — every person so appealing giving security to

prosecute the appeal with effect.

£e it further enacted by the authority aforesaict,

[Sect. 2.] That if any executor or executors of the will of any per- Executors to
Bon deceased, knowing of their being so named and appointed, shall not of^wuls tob*!
within the space of thirty days next after the decease of the testator, made in thirty
cause such will to be proved and recorded in the register's office of the the testator'a^'
same county were the deceased person last dwelt, or present the said death,
will, and declare his or their refusal of the executorship, every executor
so neglecting of his or her trust and duty in that behalf (without just
excuse made and accepted for such delay) shall forfeit the sum of five
pounds per month, fi"om and after the expiration of the said thirty days,
until he or they shall cause probate of such will to be made or present
the same as aforesaid : every such forfeiture to be had and recovered by Penalty for
action or infoimation, in the infeiiour court of pleas in the same county, °^siect.
and to be disposed of, one moi[e]ty thereof to the use of the poor of
the town where the deceased person last dwelt, and the other moi[e]ty
to him or them that shall inform and sue for the same ; and upon any upon refusal,
such refusall of the executor, or executors, the judge shall commit ^ecom^?-'^
administration of the estate of the deceased, cum testamento annexo^ ted cum testa-
unto the widow or next of kin to the deceased, and upon their refusal ^^*° annexe.
to one or more of the principal creditors, as he shall think fitt.

[Sect. 3.] And if any person or persons shall alienate or imbezel "^^f^^^ ^^
any of the goods or chattels of any person deceased, before he or they
have taken out letters of administration and exhibited a true inventory
of all the known estate of the party deceased, every person or persons
80 acting shall stand chargeable, and be liable to the actions of the cred-
itors and other persons grieved, as being executors in their own wrong ;
and the judge shall cause a citation to be made out unto the widow, or
next of kin, and upon their neglect of appearance, or refusal, may com-
mit administration of any such estate to some one or more of the chief
creditors, if accepted by them, or others, as he shall think fit, upon their
refusal.

And whereas^ according to the former practice of the courts, bonds Bonds for ad-
for due administration of the estates of intestates were taken in the ^e^county " ***
name of the county treasurer, and the obUgation made to him, his sue- treasurer to be
cessors in said office, or assigns, many of which are still depending, — [he judge! ^^
It is further enacted by the authority aforesaid,

[Sect. 4.] That the judge for probate of wills and granting of admin-
istrations in the countys respectively be, and hereby are fully impowred
and authorized to call all such administrators to account, and, if need
be, to put the said bonds or any of them in suit ; who shall be and
hereby are to be held and esteemed the assignees of the county treas-
urer in that behalf to all intents, constructions and purposes in the law
whataoever* [Fassed November 1.

Province Laws. — 1692-3.

[Chap. 15.]

CHAPTER 15.

11 Mass. 345.

Parole leases
and interest of
freehold shall
have the force
of estates at
will only.
1 Pick. 45.

Except leases
not exceeding
three years, &c.

No leases or
estates of free-
hold to be
granted or
surrendered by
word.

Promises and
agreements by
parole.

Devises of
lands to be in
writing, and
attested by
three or four
witnesses.
11 Allen, 52.

How the same
shall be revo-
cable.

AN ACT FOR PREVENTION OF FRAUDS AND PERJURIES.

For prevention of many fraudulent practices which are commonly
endeavoured to be upheld by perjury and subornation of peijury, —

Be it enacted and ordainedhy the Governour, Council and JRejyresenta-
tives convened in General Com% and by the authority of the same,

[Sect. l.J That from and after the last day of December in this
present year, one thousand six hundred ninety and two, all leases,
estates, interests of freehold or term of years, or any uncertain interest
of, in, or out of any messuages, lands, tenements or hereditaments,
made or created by livery and seisin only, or by parole, and not put in
writing and signed by the parties so making or creating of the same, or
their agents thereunto lawfully authorized by writuig, shall have the
force and effect of leases or estates at will only ; and shall not, either in
law or equity, be deemed or taken to have any other or greater force or
effect, any consideration for making any such parole leases or estates,
or any former law or usage to the contrai-y notwithstanding : except^
nevertheless, all leases not exceeding the term of three years from the
making thereof whereupon the rent reserved to the landlord during
such term shall amount unto two third parts at the least of the full
improved value of the thing demised.

Arid, moreover, that no leases, estates or interests, either of freehold
or term of years, or any uncertain interest of, in, to or out of any mes-
suages, lands, tenements or hereditaments, shall, at any time after the
said last day of December, be assigned, granted or surrendered, unless
it be by deed or note in writing, signed by the party so assigning,
granting or surrendring the same, or their agents thereunto lawfully
authorized by writing, or by act and operation of law.

And be it further enacted by the authority aforesaid,

[Sect. 2.] That from and after the said last day of December, no
action shall be brought (1) whereby to charge any executor or admin-
istrator upon any special promise to answer damages out of his own
estate ; (2) or whereby to charge the defendant upon any special promise
to answer for the debt, default or miscarriages of another person ; (3)
or to charge any person upon any agreement made upon consideration
of marriage ; (4) or ujDon any contract oi-* sale of lands, tenements or
hereditaments, or any interest in or concerning them ; (5) or upon any
agreement that is not to be performed within the space of one year
from the making thereof; (6) unless the agreement upon which such
action shall be brought, or some memorandum or note thereof, shall be
in writing, and signed by the party to be charged therewith, or some
Other person thereunto by him lawfully authorized.

And be it further enacted by the authority aforesaid,

[Sect. 3.] That from and after the said last day of December, all
devises and bequests of any lands or tenements shall be in writing, and
signed by the jDarty so devising the same, or by some other person in
his presence and by his express directions, and shall be attested and
subscribed in the presence of the said devisor by three or four credible
witnesses, or else shall be utterly void and of none effect.

[Sect. 4.] And, moreover, no devise in writing of lands, tenements
or hereditaments, or any clause thereof, shall, at any time after the said
last day of December, be revocable otherwise than by some other wiU
or codicil in writing, or other writing declaring the same, or by burning,
cancelHng, teaiing or obliterating the same by the testator himself, or
in his presence and by his directions and consent ; (2) but all devises
and bequests of lands and tenements shall remain and continue in full

* fiffc,— for?

[2d Sess.] Province Laws.— 1692-3. 47

force until the same be burnt, cancelled, torn or obliterated by the tes-
tator, or his direction in manner aforesaid, or unless the same be altered
by some other will or codicil in wiiting, or other writing of the devisor,
signed in the presence of three or four witnesses, declaring the same ;
any former law or usage to the contrary notwithstanding.

And be it further enacted by the authority aforesaid,

[Sect. 5,] That from and after the said last day of December, all ^^^'^Ift^ons of'
declarations or creations of trusts or confidences of any lands, tene- trust to be in
ments or hereditaments shall be manifested and proved by some writ- ^pjc^fsn.
ing, signed by the party who is by law enabled to declare such trust, or
by" his last will in writing, or else they shall be utterly void and of none
effect : provided, always, that where any conveyance shall be made of ^™^sferre^*°^'
any lands or tenements, by which a trust or confidence shall or may extinguished
arise or result by the implication or construction of law, or be trans- ^\ j^ ex^*^°°
ferred or extinguished by an act or opei*ation of law, then, and in every cepted.
such case, such trust or confidence shall be of the like force and effect
as the same would have been if this act had not been made, anything
herein before contained to the contrary notwithstanding.

And be it further enacted,

[Sect. 6.] That all gx-ants and assignments of any trust or confi- Assignments
dence shall likewise be in writing, signed by the party granting or ^e Inwriting.
assigning the same by such last will or devise, or else shall be utterly
void and of none effect.

And be it further enacted by the authority aforesaid,

[Sect. 7.] That from and after the said last day of December, no Contract for
contract for the sale of any goods, wares and merchandizes, for the for^ten founds
price of ten pounds or upwards, shall be allowed to be good, except the or t^ok.
buyer shall accept part of the goods so sold, and actually receive the
same, or give something in earnest to bind the bargain or in part of
payment, or that some note or memorandum in writing of the said bar-
gain be made and signed by the parties to be charged by such contract,
or their agents thereunto lawfully authorized.

And, for prevention of fraudulent practices in setting up nuncupative Nuncupative
wills, which have been the occasion of much perjury, — ^ ^'

3e it enacted by the aicthority aforesaid,

[Sect. 8.] That from and after the aforesaid last day of December,
no nuncupative will shall be good, Avhereby the estate thereby
bequeathed shall exceed the value of thirty povinds, that is not proved
by the oaths of three witnesses (at the least) that were present at the
making thereof, nor unless it be proved that the testator, at the time of
pronouncing the same, did bid the persons present, or some of them,
bear witness that such was his will, or to that effect ; nor vmless such,
nuncupative will were made in the time of the last sickness of the
deceased, and in the house of his or their habitation or dwelling, or
where he or she hath been resident for the space of ten days or more
next before the making of such will, except where such person was sur-
prized or taken sick, being from his own home, and dyed before he
returned to the place of his or her dwelUng.

And be it further enacted,

[Sect. 9.] That after six months passed after the speaking of the
pretended testamentary words, no testimony shall be received to prove
any will nuncujDative, except the said testimony, or the substance
thereof, were committed to writing within six days after the making of
the said will.

And be it further enacted,

[Sect. 10.] That no letters testamentary or probate of any nuncu- Probate of
pative will shall pass the seal of any court till fourteen days at the least ^"iJs"^**^^®
after the decease of the testator be fully expired, nor shall any nuncu- <J Mete. 367.
pative will be at any time received to be proved, unless process have

Pkovince Laws. — 1692-3.

[Chap. 16.]

Soldiers' and
mariners' wills
*cepted.

first issued to call in the widow or next of kindred to tlie deceased, to
the end they may contest the same if they please.

And he it further enacted^

[Sect. 11.] That no will in wiiting, concerning any goods or chat-
tels or personal estate, shall be repealed, nor shall any clause, devise or
bequest therein be altered or changed by any words or will, by word of
mouth only, except the same be in the life of the testator, committed to
writing, and read to the testator and allowed by him, and proved to be
so done by three witnesses at the least : provided, always, that notwith-
standing tills act, any souldier being in actual military service, or any
mariner or seaman being at sea, may dispose of his moveables, wages
and personal estate as he or they might have done before the making of
this act. [Passed October 22.

Disallowed by
the privy coun-
cil, August 22,
1695.

Insolvent es-
tates to be pro-
portioned to
the creditors.

The judge of
probate to ap-
point commis-
eioners.

Public notice to
be given in the
county where
the deceased
last dwelt, and
in the two next
counties.

Six or twelve
months to be
allowed for
bringing in of
claims.
The commis-
sioners to make
report.

The widow's
dower saved.

CHAPTER 16.

AN ACT FOR THE EQUAL DISTRIBUTION OF INSOLVENT ESTATES.

£e it enacted and ordained by the Governour, Council and Jiepre-
sentatives, convened in General Court or Assembly, and it is enacted
and ordained by the authority of the same,

[Sect. 1.] That where the estate of any person deceased shall be
insolvent or insufficient to pay all just debts which the deceased owed,
the same shall be set forth and distributed to and among all the cred-
itors in proportion unto the sums to them respectively owing, so far as
the said estate will extend. For which end the executors or adminis-
trators appointed to any such insolvent estate, before payment to any
be made, shall represent the condition and circumstances thereof unto
the judge for probate of wills and granting administrations, within the
same county in which such deceased person last dwelt, and the said
judge shall nominate and appoint two or more fitt persons to be com-
missioners, with full power to receive and examine all claims of the
several creditors, and how they are made out. And such commissioners
shall cause the time and place for their meeting to attend the creditors
to be published and made known, by posting up the same in some pub-
lick places in the shire town of that county where such deceased person
last dwelt, and of the two next adjoyning county s ; and six or twelve
moneths time (as the ckcumstances of any estate may require) shall be
allowed by the judge unto the creditors for the bringing in of their
claims and proving their debts, at the end of which limited time such
commissioners shall make then* report, and present a list of all the
claims unto the said judge, who shall order them meet recompence out
of the estate for then* care and labour in that affair ; as also shall order
the sickness and necessary funeral expences of the deceased to be first
paid, and the residue and remainder of the estate to be paid and dis-
tributed to and among the creditors that shall have made out their
claims, in due proportion to the sums to them respectively owing,
according as the estate will bear, saving unto the widow (if any be)
her right of dower, according to law, in houses and lands of the deceased,
the widow's dower, at the expu-ation of her tei-m, to be_ distributed
among the creditors in a like proportion ; and no process in law shall
be allowed against the executors or administrators of any such insolvent
estate so long as the same shall be depending as aforesaid.^ And what-
soever creditor shall not enter and make out his or her claim with such
commissioners before the full expiration of the limited time, such person
shall forever after be debarred of his or her debt, unless he or she can

[2d Sess.] Province Laws.— 1692-3. 49

find some further estate of the deceased, not before discovered, and put
into the inventory.

Further it is enacted and ordained, by the authority aforesaid,
[Sect. 2.] That every judge for probate of wills and granting The judge of
administrations, within the respective countys, be,_ and hereby are fully |^°^'i*J'jJ^P^-
authorized and impowred, to require and administer an oath to any ister an oath to
person or persons suspected to have concealed, imbezelled or conveyed ^ected ofT
away any of the money, goods or chattels left by any person or persons ceaiment.
deceased, for the discovery of the same. [JPassed October 22.

" It hath been thought fit to disallow y« Act &c., that in framing of any new Act a clause
may be inserted whereby y« debts due to y" Crown may be preferred to all others, as is usuall
in like cases here in EDgland."— Letter Jrom the Privy Council, ut supra.

I sus-
■ con-

CHAPTER 17.

AN ACT FOR REGULATING THE ASSIZE OF CASK, AND PREVENTING DECEIT
IN PACKING OF FISH, BEEF AND PORK, FOR SALE.

JBe it ordained and enacted by the Governour, Council and Repxsen-
tatives in General Court assembled, and by the authority of the same,

[Sect. 1.] That from and after the first day of December next, all Assize of cask,
sorts and kinds of tight cask used for any liquor, fish, beef, pork or any
other commodities within this, their majesties' province, shall be of
London assize ; that is to say, butts to contain one hundred and twenty-
six gallons ; puncheons, eighty-four gallons ; hogsheads, sixty-three gal-
lons ; tearses, forty-two gallons ; barrels, thirty-one gallons and a half;
and made of sound, well-seasoned timber, and free of sap. And that fit Gangers to be
persons be appointed, from time to time, in all places needful, to view appoi°t*2<^-
and gage all such cask ; and such as shall be found of due assize shall Cask to be
be marked with the gager's mark, who shall have for his pains four ™auge^r) and'^^
pence per tunn ; and every cooper shall set his distinct brand-mark on iiis fee.'
his own cask, on penalty of forty shillings. And whosoever shall put have^^dfs^fnct"
to sale any new cask, being defective either in workmanship, timber or neftcire'^Msk
assize, as aforesaid, upon proof thereof, made before one justice of the to be forfeited.
jDcace, he shall forfeit such cask and be fined the sum of ten shillings.

And be it further enacted by the authority aforesaid,

[Sect. 2.] That the justices of the peace, at their first general Quarter ses-_
quarter sessions, to be holdcn in each respective county within this gauger^s'and^''
province, shall yearly, in every town needful thereof, choose and appoint I'^e^w^^^*^
a fit person or persons to be gagers and packers, and them to swear
to the due execution of their ofiice ; which, if any person so appointed Penalty of
shall refuse, he shall pay the sum of forty shillings, and another shall ^^^"^^^•
be chosen and appointed in his stead. And every gager and packer Ten sbuiings
shall take care that all cask in which he packs beef, pork, mackarel, fish packing kTany
or other goods committed to his care, be of true and fiill assize, and that cask under
he pack the same in no other cask whatsoever, on penalty of ten sliil- ^®^^^^'
lings for every cask by him packed, that is or shall be defective in that
respect. And if any of the before mentioned provisions shall be
packed into half barrels or firkins, the same shall be made in proportion
to the assize aforesaid, and be marked by the packer.

And for the preventing of fraud and deceit in the packing of pickled
fish, beef and pork to be put to sale, —

Be it further enacted by the authority aforesaid,

[Sect. 3.] That in every toT\^l, where such goods are packed up for "^^f ^^^"^ haU"
sale, the gager or p'acker of such town, or of the town wherein they are meauoblpnt
put to sale or shipped, shall see that it be well and orderly perfoimed ; bestTeftTuV''''

50 Province Laws.— 1692-3. [Chap. 17.]

that is to say, beef and pork, tlie whole half and quarter, and so pro-
Fish to be aUof portionably, that the best be not left out ; and so fish and mackarel, that
one kind. they be packed all of one kind ; and that all casks so packed be full, and

the fish sound and well seasoned ; setting his seal on all cask so packed :
Four shillings and he shall receive of the owners for so packing and seaUng, four shil-
packing^and liugs per ton. And if any such provisions be put to sale or shipped off
sealing. without the packer's mark, they shall be forfeited.

And it is further enacted.
Fish and flesh [Sect. 4.] That all sorts of green or pickled fish, sturgeon or flesh
ti'^n\o"be°'**^ *^^^^ shall be put up for transportation to a forreign market, shall be
searched and searched. Surveyed and approved by a sworn packer, who shall take
packer^*^^^*^^ Strict carc that the same be put in tight cask of full gage, salted with
suitable salt. And such as shall be so saved, and for its condition found
merchantable and full, the packer shall seal with such brand-mark as shall
be assigned to the town, and such other cut-mark added as may denote
the sort of provision and time when packed. And all such other provis-
ion as the packer shall find wholsome and useful, though for its quality it
be not merchantable, he shall cause to be well packed, salted, filled and
sealed with the letter R, and such other letters as may signifie the town,
Penaityonmas- specie and time of packing. And if any master of a ship or other ves-
nCT^slakiSgany 6 el, or any oflicers or marriners belonging thereto, shall receive such
provisions provisious not marked and sealed, as aforesaid, aboard any of their ships
se^ed. ""^ or vcssels, he or they who shall ofiend therein, shall forfeit double the
value of all such provisions ; and he that owns the provisions shall for-
Penaity for feit the Same. And if any cooper or other person shall shift any fish or
visions^after '° flesh, either on board or on shore, after the same hath been so sealed
seaUng. g^j^^ marked by the packer, and ship and export the same, the packer

having not allowed thereof, and anew sealed and marked the cask
where into such provisions are shifted, all persons acting, ordering or
assisting therein, shall be set in the pillory, not exceeding one hour, and
shall likewise pay double damages to pei-sons wronged thereby.
And it is further enacted hy the authority aforesaid,
Provisions that [Sect. 5.] That where any such provisions have lain above three
Sths'picked months under the packer's mark, betwixt the months of May and
in the summer October, they shall again, upon exportation or sale, be viewed or
to be reviewe . gpj^j,^|^g^| ^^ ^^iQ packer ; that is to say, so many of them as may proba-
bly discover the condition of the whole ; and if any be decayed or
deceitfully dealt with, the packer shall cull and repack the same, so as
to distinguish and mark them for merchantable, or refuse, according to
their condition. And if those who ship or export any such provision
shall neglect or refuse such second search or survey, the jjacker is
hereby ordered and impowred to deface his former mark, and for so
doing, shall be paid as if he had repackt the same. And if the owner
refuse to satisfie the packer, such packer shall have redress on complaint
to any justice of the peace, who is hereby impowi'ed to compel the pay-
ment thereof by distress.

And it is further enacted by the authority aforesaid.
Assize of cask [Sect. 6.] That all tarr that shall be exposed to sale, within this
for tar. province, shall be in barrels, half barrels, and thirds of a barrel of the

measure and assize following ; that is to say, the barrel to contain thirty
gallons, the half barrel and a third of a barrel, of the same gage pro-
portionably, and in no other cask whatsoever. And all cask to be made
of the same assize, and branded by the cooper as aforesaid, on pain of
forfeiture of all such cask as are not of due assize. And if any tan-
shall be exposed to sale in any cask not branded as aforesaid, the same
shall be likewise forfeited.

And further it is enacted hy the authority aforesaid,
One-half of the [Sect. 7.] That all fines, penalties and forfeitures arising by force
fines and for- ^^^^ virtue of this act, shall be the one-half to their maiei^ties. t/vwjiras.

[2d Sess.] Pkovince Laws. — 1692-3. 51

the support of the government of this province; and the other half to J^^^^^^jj^^j^^^
him or them that shall inform and sue for the same in any of their majesties, and
majesties' courts of record within this province. _ the iSormtl^***

JSe it further' enacted hy the authority aforesaid,

[Sect. 8.] That there be a measurer of salt and culler of fish in Measurer of salt
evei-y seaport town within this province, to be appointed as aforesaid, flgji,*
who being likewise sworn for the faithful discharge of that office, shall
cull all merchantable fish and measure all salt that shall be imported
and sold out of any ship or other vessel, and shall have three half-pence
for every hogshead of salt by him so measured, to be paid, the one-half
by the buyer, the other half by the seller. And one penny per quintal,
for every quintal of merchantable fish by hini culled, to be paid, one-
half by the buyer and the other half by the seller. \_Passed JSTov. 8.

CHAPTER 18.

AN ACT FOR THE PUNISHMENT OF CRIMINAL OFFENDERS.

JBe it enacted and ordained hy the Governour, Council and Mepresen-
tatives in General Court assembled, and hy the authority of the same,

[Sect. 1.] That if any person or persons shall prophanely sware or Cursing and
curse in the hearing of any justice of the peace, or shall be thereof con- swearing.
victed by the oathes of two witnesses, or confession of the party, before
any justice or justices of the peace, every such offender shall forfeit and
pay unto the use of the poor of the town, where the ofience shall be
committed, the sum of five shillings ; and if the offender be not able
to pay the said sum, then to be set in the stocks, not exceeding two
hours. And if any person shall utter more profane oaths or curses at
the same time, and in hearing of the same person or persons, he shall
forfeit and jjay to the use aforesaid the sum of twelve pence for every
oath or curse after the first, or be set in the stocks three houi-s:
provided, that evei'y offence against this law shall be complained of Presumption.*
and proved as aforesaid within thirty dayes next after the offence
committed.

Further it is enacted hy the authority aforesaid,

[Sect. 2.1 That every person convicted of drunkenness by view of Drunkenness
any justice of peace, confession of the party, or oaths of two witnesses, ^'
such person so convicted shall forfeit and pay unto the use of the poor
of the town where such offence is committed, the sum of five shillings
for evei-y such offence ; and if the offender be unable to pay the said
sum, to be set in the stocks, not exceeding three hours, at the discretion,
of the justice or justices before whom the conviction shall be. And
upon a second conviction of drunkenness, every such offender, over and
above the penalty aforesaid, shall be bound with two sureties in the sum
of ten pounds, with condition for the good behavior ; and for want of
such sureties, shall be sent to the common goal until he find the same :
provided, that no person shall be impeached or molested for any offence
against this act, unless he shall be thereof i^resented, indicted or con-
victed within six months after the offence committed. And the justice
or justices before whom conviction of any of the aforesaid offences shall.
be, are hereby impowred and authorized to restrain or commit the
offender, until the fine imposed for such offence be satisfied ; or to cause
the same to be levied by distress and sale of the offender's goods, by
warrant directed to the constable, returning the ovei^plus (if any be) ;
all such fines to be levied within one week next after such conviction,
and delivered to the selectmen or overseers of the poor, for the use of
the poor as aforesaid.

* (Stc,— Prosecution ? or Proviso ?

Peovince Laws. — 1692-3.

[Chap. 18.]

Theft.

8 Gray, 474

Burglary.

It is further enacted and ordained hy the authority aforesaid^
[Sect. 3.] That whosoever shall steal or purloin any money, goods
or chattels, being thereof convicted by confession or sufficient witness
upon oath, every such offender shall forfeit treble the value of the
money, goods or chattels so stolen or purloined unto the owner or own-
ers thereof, and be further punished by fine or whipping, at the discre-
tion of the court or justices that have cognizance of such offence, not
exceeding the sum of five poimds, or twenty stripes. And if any such
offender be unable to make restitution, or jDay such threefold damages,
such offender shall be enjoyned to make satisfaction by service ; and
the prosecutor shall be, and hereby is impowred to dispose of said
offender in service to any of their majesties' subjects, for such temi as
shall be assigned by the court or justices before Avhom the prosecution
was. And every justice of peace in the county where such offence is
committed, or where the thief shall be api^rehended, is hereby author-
ized to hear and detennine all offences agamst this law ; provided^ that
the damage exceed not the sum of forty shillings.

[Sect. 4.] And if any person shall commit burglary, by breaking up
any dwelling-house, warehouse, shop, mill, malt-house, barn, out-house,
or any ship or other vessel, lying within the body of the county, or shall
rob any person in the field or highway, every person so offending shall,
upon conviction, be branded on the forehead with the letter B, and
upon a second conviction, shall be set upon the gallows for the space of
one hour, with a rope about his neck, and one end thereof cast over the
gallows, and be severely whipt, not exceeding thirty-nine stripes ; and
upon a third conviction of the like offence, shall suffer the pains of
death, as being incorrigible ; and shall likemse upon the first and second
convictions j^ay treble damages to the party injured, as is provided in
case of theft.
And it is further enacted hy the authority aforesaid^
[Sect. 5.] That if any man commit fornication with any single
woman, upon due conviction thereof they shall be fined unto their
majesties not exceeding the sum of five pounds, or be coi-j^orally pun-
ished by whi23ping, not exceeding ten stripes ajiiece, at the discretion of
the sessions of the peace who shall have cognizance of the offence.
And he that is accused by any woman to be the father of a bastard
child, begotten of her body, she continuing constant in such accusation,
being examined upon oath, and j3ut upon the discovery of the truth in
the time of her travail, shall be adjudged the reputed father of such
child, notwithstanding his denial, and stand charged "s^dth the main-
tenance thereof, with the assistance of the mother, as the justices of the
quarter sessions shall order ; and give security to perfoiTu the said
order, and to save the town or place where such child is bom, free from
charge for its maintenance, and may be committed to prison until he
find sureties for the same, unless the pleas and i^roofs made and pro-
duced on the behalf of the man accused and other circumstances be
such as the justices shall see reason to judge him innocent and acquit
him thereof, and otherwise dispose of the child. And every justice of
the peace upon his discretion may bind to the next quarter sessions him
that is charged or suspected to have begotten a bastard child ; and if
the woman be not then delivered, the sessions may order the continu-
ance or renewal of his bond, that he may be forthcoming when the child
is born.

Further it is enacted hy the authority aforesaid^
[Sect. 6.] That every justice of the peace in the county where the
justice of peace, offence is committed, may cause to be staid and arrested all affi-ayers,
rioters, disturbers or breakers of the peace, and such as shall ride, or go
anned offensively before any of their majesties' justices or other their
officers or ministers doing their office or elsewhere by night or by day,

Fornication

Power of the

[2d Sess.] Peovince Laws.— 1692-3. 53

in fear or affray of their majesties' liege people, and such others as shall
utter any menaces or threatening speeches ; and upon view of such jus-
tice or justices, confession of the party or other legal conviction of any
such offence, shall commit the offender to prison until he find sureties
for the peace and good behaviour, and seize and take away his armour
or weapons, and shall cause them to be apprized and answered to the
king as forfeited ; and may further punish the breach of the peace in Breach of the
any person that shall smite or strike another, by fine to the king not peace,
exceeding twenty shillings, and require bond with sureties for the
peace, or bind the offender over to answer it at the next sessions of the
peace, as the nature or circumstance of the offence may be ; and may Forcible entry
make enquiry of forcible entry and detainer, and cause the same to be ^^^ detainer,
removed, and make out hue and crys after runaway servants, thiefs and
other criminals.

And it is further enacted hy the authority aforesaid^

[Sect. 7.] That if any person or persons of the age of discretion Lying and
(which is accounted fourteen years or ujjwards) shall wittingly and ^ °^'
willingly make or publish any lye or libel, tending to the defamation or
damage of any jjarticular person or persons, make or spread any false
news or reports with intent to abuse and deceive others, every such
person or persons offending in any of the particulars before-mentioned,
and beins: duly convicted thereof before one or more iustices of Se^ 1699-1700,

O •/ V CllU'Di 1 note*

the peace, shall be fined according to the degree of such offence, not post. '
exceeding the sum of twenty shillings for the first conviction, and find
sureties for the good behaviour ; and if the jDarty be unable to pay the
said fine, then to be set in the stocks not exceeding three hours, or be
corporally punished by whipping, at the discretion of the justice or jus-
tices before whom the conviction shall be, according as the circum-
stances or nature of the offence shall be. And the said justice or jus-
tices may restrain and commit the offender until he pay the said fine
and find sureties for the good behaviour, or may cause the fine to be
levied by distress and sale of the offender's goods ; and the party or
parties grieved or injured by reason of any of the offences aforesaid
shall or may take his or their suit against any such offender or offenders
in any court of record.

Tt is further enacted by the authority aforesaid,

[Sect. 8.] That if any person or persons upon his or their own head or Forgery,
imagination, or by false conspiracy and fraud with others, shall wittingly, '

subtilly and falsely forge or make, or subtilly cause, or wittingly assent
to be forged or made any false deed, conveyance, or writing sealed, or
the will of any j^erson or persons in wi'iting, to the intent that the state
of freehold or inheritance, right, title, or interest of any person or per-
sons of, in or to any lands, tenements or hereditaments shall or may be
molested, troubled, defeated, recovered or charged ; or shall as is afore-
said forge, make, or cause, or assent to be made or forged, any obliga-
tion, or bill obligatory, letter of attoumey, or any acquittance, release,
or other discharge of any debt, accompt, action, suit, demand, or other
thing personal ; or if any person or j^ersons shall pronounce, publish,
or shew forth in evidence any such false or forged deed, conveyance,
WTiting, obligation, bill obligatory, letter of attorney, acquittance,
release or discharge as true, knowing the same to be false and forged
as is aforesaid, to the intent above remembred,* and shall be thereof
convicted, either upon action or actions of forger of false deeds to be
founded upon this act at the suit of the party grieved, or otherwise
according to the order and due course of law, or ujdou bill or informa-
tion, that then every such offender shall pay unto the party grieved
his double costs and damages, to be found and assessed in such court
where the said conviction shall be ; and also shall be set upon the pil-

* Sic.

54 Province Laws.— 1692-3. [Chap. 18.]

lory in some market town, or other open j^lace, and there to have one
of his ears cut off, and also shall have and suffer imprisonment by the
space of one whole year, without bail or mainpiize. And the party or
parties grieved by reason of any of the offences aforesaid may take his
or their suit against any such offender or offenders in any court of
record, where no essoign, injunction or protection shall be allowed the
party defendant : jyromded^ ahcays, and it is enacted hy the authority
aforesaid, that this act, or anything therein contained, shall not extend
to charge any judge of probate, or register, with any of the offences
aforesaid, for putting their seal of office to any will to be exhibited imto
them, not knowing the same to be false or forged, for writing of the
said will or jDrobate of the same, nor to any other person or persons
that shall shew forth or give in evidence any false or forged writing for
true or good, being not party or privy to the forging of the same, nor
knowing the same to be false or forged, anything in this act to the con-
trary notwithstanding.

And it is further enacted and ordained hy the authority aforesaid^
Wilful perjury. [Sect. 9.] If any person or persons, either by the subornation,
'^^^' ' unlawfid procurement, reward, sinister perswasion, or means of any
other, or by their own act, consent, or agreement, shall wilfully and
corruptly commit any manner of wilful peijury, by his or their deposi-
tion in any court of record, or being examined ad i^erpetuam rei menio-
riam^ that then every person and persons so offending, and being
thereof duely convict or attainted by law, shall for his or their offence
loose and forfeit twenty pounds ; the one nioi[e]ty thereof unto their
majesties, and the other moi[e]ty to such person or jDcrsons as shall be
grieved, hindred or molested by reason of any such offence, that shall
sue for the same by action of debt, bill, plaint, information or other-
wise, in any court of record in the which no wager of law, essoign, pro-
tection or injunction to be allowed, and also to have imprisonment by
the sj^ace of six months, without bail or mainprise. And the oath of
such person or persons so offending not to be received in any court of
record until such time as the judgment given against the said person
or persons shall be reversed by attaint or otherwise, and ujDon every
such reversal the parties agrieved to recover his or their damages
against all and every such person and persons as did j^rocure the said
judgment so reversed to be given against them or any of them, by
action or actions upon his or their case or cases, according to the course
of the common law. And if it happen the said offender or offenders,
so offending, not to have any goods or chattels to the value of twenty
pounds, that then he or they be set on the pillory by the space of one
whole hour, in some market town where the offence was committed, or
next adjoyning to the place where the offence was committed, and to
have both his ears nailed ; and from thenceforth to be discredited and
disabled forever to be sworn in any court of record until such time as
the judgment shall be reversed. And all and every person and persons
who shall unlawfully and corruptly procure any witness or witnesses,
by letters, rewards, promises, or by dny other sinister and unlawful
labour or means whatsoever, to commit any wilful and cornxpt peijiiry,
in any matter or cause whatsoever depending, or that shall depend in
suit and variance, by any writ, action, bill, complaint or information in
any court of record, or to testifie in perpetuani rei memoriam, every such
offender, being thereof duely convict or attainted by law, shall for his
or their offence be proceeded against and suffer the like pains, penal-
ties, forfeitures and disability in all respects as above-mentioned.
And it is further enacted by the authority aforesaid,
[Sect. 10.] That all the aforesaid forfeitures and sums of money
arising for any offence mentioned in this act, and every branch thereof,

[2d Sess.] Province Laws.— 1692-3. 55

and not otherwise disposed of, shall be unto their majesties, for and
towards the support of the government of this province and the inci-
dent charges thereof. [Passed November 1.

CHAPTER 19.

AN ACT FOR THE PUNISHING OF CAPITAL OFFENDERS.

-5e it ordained and enacted by the Governour^ Council and Representa-
tives in General Court assembled^ and by the authority of the same,

That all and every of the crimes and offences in this present act here- Disallowed by
after mentioned be and hereby are declared to be felony ; and every ^he ^^'„Yst ^''"
jierson or persons committing any of the said crimes or offences, being ic95.
thereof legally convicted, shall be adjudged to suffer the pains of death.

[Sect. 1.] If any man shall have or worship any other god but the idolatry,
true God, he shall be put to death.

[Sect. 2.] If any man or woman be a witch, that is, hath or con- Witchcraft,
sulteth Avith a familiar spirit, they shall be put to death.

[Sect. 3.] If any person shall presume to blaspheme the holy name of Blasphemy.
God, Father, Son or Holy Ghost, either by wilful or obstinate denying
the true God or His creation or government of the world, or shall curse
God in like manner, or reproach the holy religion of God, as if it were
but a politick device to keep ignorant people in awe, or shall utter any
other kind of blasphemy of the hke nature or degree, he shall be put to
death.

[Sect. 4.] If any person or persons shall compass or imagine the High treason,
death of our soveraign lord the king, or of our lady the queen, or shaU
levy war against our said lord and lady the king and queen, or adhere
unto their enemies, giving to them aid and comfort, and thereof be
attainted or convicted of open deed by their peers i;pon the testimony
and deposition of two lawful and credible witnesses on oath, brought
before the offender fice to face at the time of his arraignment, or vol-
untary confession of the party arraigned, then every such person and
persons so as aforesaid offending shall be deemed, declared and adjudged
to be traitors, and shall suffer the pains of death, and also lose and
forfeit as in cases of high treason.

[Sect. 5.] If any person shall commit wilful murder upon premed- Murder,
itated malice, hatred, cruelty or sudden heat of anger, every such person
shall be put to death.

[Sect. 6.3 If any person shall slay another through guile, either by Poisoning,
poysoning or other devillish practice, every such person, their aiders,
abettors, procurers and councellors, shall suffer death, as in case of
wilful murder.

[Sect. 7,] If any woman be delivered of any issue of her body, Concealment of
male or female, which, if it were born alive, should by law be a bastard, bastard cMid^
and that she endeavour luivately, either by drowning or secret buryinsc punished as in
thereof, or any other way, either by herself or the procuring of others,
so to conceal the death thereof that it may not come to light, whether
it were bom alive or not, but be concealed, in every such case the mother
so offending shall suffer death as in case of murder, except such mother
can make proof by one witness at the least that the child whose death
was by her so intended to be concealed was born dead.

[Sect. 8.] If any man lieth Avith mankind, as he lieth with a woman, Sodomy,
they both shall be put to death.

[Sect. 9.] If any man or woman have carnal copulation with any Bestiality,
beast or bruit creature, they shall be put to death, and the beast shall
be slain and burned.

Province Laws. — 1692-3.

[Chap. 20.]

Incest.
Levit. XX. 11,
12, &c.

Rape.

Burning.

Piracy.

[Sect. 10,] If any persons commit incest in any of the particular
instances made capital by the law of God, they shall be put to death.

[Sect. 11.] If a man shall ravish any woman, committing camal
copulation with her by force, against her will, he shall be put to death.

[Sect. 12.] If any man shall unlawfully and carnally know and
abuse any woman child, under the age of ten years, every such unlaw-
ful and carnal knowledge shall be felony, and the oifender thereof, being
duly convict, shall sufier as a felon.

[Sect. 13.] If any person, of the age of sixteen years and upwards,
shall wittingly, willingly and feloniously burn or cause to be burned any
dwelling-house, meeting-house, storehouse or ship, or shall in hke man-
ner set on fire any out-house, barn, stable, stack of hay, corn or wood,
whereby any dwelling-house, meeting-house, storehouse or ship shall
happen to be burned, every such offender shall be put to death.

[Sect. 14.] If any shall piratically and feloniously seiz any ship or
other vessel, whether in the harbour or on the high seas, or shall rise up
in rebellion against the master, officer, merchant or owner of any such
ship or other vessel and goods, and dispell and dispossess them thereof,
and exclude the right owners or those betrusted on their behalf, every
such offender, together with their complices, being legally convicted
thereof, shall be put to death : provided, alicays, that* any of such com-
pany (who, through fear or force, have been deemed to comply with
such wicked action) shall, upon their first arrival in any port or har-
bour, speedily repair to some justice of the peace and make discovery
of such piracy, they shall not be liable to the aforesaid j^enalty of death.
\_Passed October 29.

" The Act &c., hath likewise been repealed by reason of the Articles relating to Witchcraft,
Blasphemy, Incest and slaying by develish Practice which are conceived in very uncertain and
doubtful terms, and in regard that according to the said Acts those Crimes are to be punished
with death as shall likewise the person that shall slay another upon sudden heat which is not
conformable to y" Laws of England and in y® Article of Treason no punishment is inflicted for
counterfeiting the Great Seal of England or the seal of y" Province nor is that article agreeable
to the statute of the 25th of Edward the third in relation to Treason."— Ze<<ej' from the Privy
Council, ut supra.

CHAPTER 20.

AN ACT FOR THE SUPPRESSING OF UNLICENCED HOUSES, AND THE DUE
REGULATION OF SUCH AS ARE OR SHALL BE LICENSED.

None to keep a
house of com-
mon entertain-
ment, or sell
strong drink
publicly or pri-
vately, without
license, on pen-
alty of forty
shillings: one-
half to the
informer and
the other to the
use of the poor.

Upon second
conviction to
give bond for
the good be-
havior.

JBe it ordained and enacted hy the Governour, Council and jRepresen-
tatives convened in General Court, and by the authority of the same,

[Sect. 1.] That no person or persons whatsoever (other than such
as, upon producing certificate from the selectmen of the to'wn where
they dwell, or who shall be otherwise thought fit by the justices them-
selves, shall be hcensed by the said justices in quarter sessions) may
presume to be a common victualler, innholder, taverner, or seller of
wine, beer, ale, cyder or strong Uquors by retail ; nor shall any presume,
without such licence, to sell wine or strong Uquors privately by a less
quantity than a quarter cask, and that delivered and carried away all at
one time, on pain of forfeiting the sum of forty shilhngs for every such
ofience upon due conviction thereof, one-half thereof to the informer,
and the other half to the use of the poor of the town where such offence is
committed. And upon a second conviction, besides the forfeiture of
forty shillings as aforesaid, shall enter into recognizance with one or
more sureties for the good behaviour, especially not to transgress the
law in that respect.

* 5'fc.— "if" omitted?

[2d Sess.] Province Laws. — 1692-3. 67

JBe it further enacted by the authority aforesaid^

[Sect. 2.] That all licences bo renewed yearly, and bond given for Licenses to be
the due observance of the same and of the laws, and that the person iudTon/g^en!
licensed shall use his licence in such house as shall be therein named,
and no other. And if the justices in quarter sessions shall think fit to Justices may
licence any person or persons not presenting a certificate as aforesaid wlthouffcertl-
from the selectmen, the clerk of the sessions, before granting licence to feig^toen upon
any such, shall signifie the name and desire of every \sucli\ person unto notice given,
the selectmen of the town where such person dwells, one month before-
hand, that so they may have opportunity and liberty to oiFer their
objections against it, if any [such] \shalT\ be.

And forasmuch as the ancient, [true] and principal use of inns, tav-
erns, ale-houses, victualling-houses, and other houses for common enter-
tainment, is for \the'\ receipt, rehef and lodging of travellers and
strangers, and the refreshment of persons upon lawful business, or for
the necessary supply of the wants of such poor persons as are not able
by greater quantities to make their provision of victuals, and are not
intended for entertainment and harbouring of lewd or idle people to
spend or consume their money or time there : therefore, to prevent the
mischiefs and great disorders happening daily by the abuse of such houses.

It is further enacted by the authority aforesaid^

[Sect. 3.] That no taverner, inn-keeper, ale-house keeper or vie- ^^^j^f ^forbid-
tualler, shall have or keep in or about their houses, out-houses, yards, Sen in pubUc
backsides, gardens or places to them belonging, any dice, cards, tables, of forty shi?-^^'^
bowls, shuffleboard, billiards, coyts, cales, logats, or any other imple- lings,
ments used in gaming ; nor \_shair\ sufier any person or persons resorting
[into] [xcnto'] any of their houses, to use or exercise any of the said games,
or any other unlawful game or sport within their saicl houses, or any of
the dependences as aforesaid, or places to them belonging, on pain of
forfeiting the sum of forty shillings for every such offence, upon due
conviction thereof; the said fine to be disposed of as aforesaid. And Penalty on
every person convicted of playing as aforesaid in any such house or ^^^
dependences thereof, shall forfeit the sum of six shillings and eight-
pence, to be disposed of as aforesaid.

And further it is enacted by the authority aforesaid^

[Sect. 4.] That any person duly summoned to give in evidence Penalty for
respecting the breach of this act, in any of the branches thereof (other evidence
than the partv himself, his children or servants), that shall refuse to ''^^,r '^^^ ^^ff,^'^?

^ 1 • 11 .Till 1 • , 1 selling without

give m upon his oath when so required, what he knows relating to the license,
premises, shall forfeit forty shillings to the use of the poor of the town
as aforesaid.

And it is further enacted by the authority aforesaid,

[Sect. 5.] That every justice of the peace in the county where he One justice may
dwells, as well as the justices in quarter sessions, are hereby respectively n^ne au oflfen-"^'
impowi-ed to hear and determine all ofiences against this act, and may ^es against this
commit the offender to prison, until he pay the said fine and enter into
recognizance as aforesaid for the good behaviour, or may cause the fine
to be levied by distress and sale of the ofiender's goods, returning the
overplus, if any be. [Passed JSFovember 10.

CHAPTER 21.

AN ADDITIONAL ACT FOR IMPOST AND EXCISE.

ISe it enacted by the Governour, Council and Hepresenfatives in Gen-
eral Court assembled, and by the authority of the same.

That there shall be paid by the importer for all wines imported into
this province not particularly named and mentioned in an act entituled

58 Province Laws.— 1692-3. [Chap. 22.]

Ante, chap. 5. u j^^ j^^^ foj. Impost, Excise and Tonnage of Shipping," made at the
first sessions of this court, the sum of ten shilhngs per hogshead, and
so proportionably for greater or lesser quantities. And that there be
paid by those that sell any of the said wines by retail, the sum of six
pence per gallon excise, and so proportionably for greater or lesser
quantities. And to be under the same regulation, inspection and for-
feitures as is provided by said act ; and the said payments to be made
unto the commissioners appointed for the receiving of the rates and
duties therein mentioned. This present act to remain and continue in
force only during the time set for continuance of the act before recited,
and no longer. [JPassed November 10.

CHAPTER 22.

AN ACT FOR THE BETTER OBSERVATION AND KEEPING THE LORD'S DAT.

Se it enacted and ordained by the Governour^ Council and Represen-
tatives convened in General Court or Assembly^ and it is enacted by the
authority of the same.
Labor and [Sect. 1.] That all and every person and persons whatsoever, shall,

ifed^on'penaity ^^ ^hat day, carefully apply themselves to duties of rehgion and piety,
of five shillings, publickly and privately; and that no tradesman, artificer, labourer or
other person whatsover, shall, upon the land or water, do or exercise
any labour, business or work of their ordinaiy callings, nor use any
game, sport, play or recreation on the Lord's Day, or any part thereof
(works of necessity and charity only excepted), upon pain that every
person so ofiending shall forfeit five shilhngs.
Further it is ordered and declared,
Tra,veiiing pro- [Sect. 2.] That uo traveller, drover, horse-courser, waggoner,
aity*of twenty " butcher, higler, or any their servants, shall ti-avel on that day, or any
shillings. part thereof, excejit by some adversity they were belated and forced to

lodge in the woods, Avilderness or highways the night before ; and in
such case to travel uo further than the next inn or place of shelter [on
that day'] upon the penalty of twenty shilhngs.
Further it is ordered,
Public houses PSect. 3.1 That no vintner, innh older, or other person keeping any

HOC to cutcrtjiiii •"* • ■*■ xo*/

any others than publick house of entertainment, shall entertain or suffer any of the inhab-
lodgefron pen- i^ants of the respective towns where they dwell, or others not being
aityofflveshu- strangers or lodgers in such houses, to abide or remain in their houses,
pem)n.^ ^^^^^ yards, orchards or fields, drinking, or idly spending their time on Satur-
day night after the sun is set, or on the Lord's Day, or the evening fol-
lowing, upon the pain and penalty of five shillings for every person,
payable by themselves respectively, that shall be found so drinking or
abiding in any such publick house or dependences thereof as aforesaid ;
and the like svim of five shillings to be paid by the keeper of such house
for every person entertained by them.
One justice of [Sect. 4.] And for the better execution of all and every the forego-
hear'anT deter- ing ordei'S, evciy justice of the peace within his county shall have
mine any powcr and authority to convent before them any person or persons who

act. shall offend in any of the particulars before mentioned, and uj^on his

own view or other legal conviction of any such offence, to impose the
fine and penalty for the same and to restrain {or] [and] commit the
offender until it be satisfied, or to cause the same to be levied by dis-
tress and sale of the offender's goods, retui-ning the overplus (if any
be) and in case any such offender be unable or refuse to satisfie such
fine, to cause him to be put in the cage or set in the stocks not exceed-

[2d Sess.] Province Laws.— 1692-3. 59

ing three hours ; all fines and penalties accruing by this act to be to the ^"^'M''^^™ .
benefit and relief of the poor of such town where the ofience is com- act to be to the
mitted, and delivered into the hands of the selectmen or overseers of '^^^^'^t'^^P^^'"-
the poor for that end.

[Sect. 5.] And all masters and governours of families are hereby
required to take effectual care that their children, servants and others
under their immediate government do not transgress in any of the fore-
going particulars.

[Sect. 6.] And all and eveiy justices of the peace, constables and Justices, con-
tythingmen are required to take effectual care and endeavour that this requbecUo'see
act in all the particulars thereof be duly observed, as also to restrain that this act be
all persons from swimming in the water ; unnecessary and unseasonable ° ^^^^
walking in the streets or fields in the town of Boston, or other places ;
keeping open their shops, or following their secular occasions or recrea-
tions in the evening preceding the Lord's Day, or [ow] any part of the
said day or evening following.

[Sect. 7.] And all persons are strictly required to be obedient to
and aiding and assisting such justices, constables and other officers
herein as they will answer [to] the contrary at their peril. [Passed
October 22.

CHAPTER 23.

AN ACT FOR PREVENTION- OF COMMON NUSANCES ARISING BY SLAUGH-
TER-HOUSES, STILL-HOUSES, &c., TALLOW CHANDLERS, AND CURRIERS.

j5e it ordained and enacted by the Governour, Council and Hepresen-
tatives convened in General Court or Assembly^ and by the authority of
the same,

[Sect. 1.] That the selectmen of the towns of Boston, Salem and siaughter-
Charlstown respectively, or other market towns in the province, with bousis' &c!^"to
two or more justices of the peace dwelling in the town, or two of the i>e in certain
next justices in the county, shall at or before the last day of March, one Indno^t'^^^ '
thousand six hundred ninety-three, assign some certain places in each
of said towns (where it may be least offensive) for the erecting or set-
ting up of slaughter-houses for the killing of all meat, still-houses, and
hovises for trjdng of tallow and currying of leather (which houses may
be erected of timber, the law referring to building with brick or stone
notwithstanding), and shall cause an entry to be made in the town-
book of what jDlaces shall be by them so assigned, and make known the
same by posting it up in some publick places of the town ; at which
houses and j^laces respectively, and no other, all butchers and slaughter-
men, distillers, chandlers and curriers shall exercise and j^ractice their
respective trades and mysteries ; on joain that any butcher or slaughter-
man transgressing of this act by killing of meat in any other place, for
every conviction thereof before one or more justices of the peace, shall
forfeit and pay the sum of twenty shillings ; and any distiller, chandler
or currier offending against this act, for every conviction thereof before
their majesties' justices at the general sessions of the peace for the
county, shall foifeit and pay the sum of five pounds : one-third part of
said forfeitures to be to the use of their majesties for the support of the
government of the province and the incident charges thereof^ one-third
to the poor of the town where such offence shall be committed, and the
other third to him or them that shall infonn and sue for the same.

And for preventing of cruelty to bruit creatures, —

Province Laws. — 1692-3.

[Chap. 24.]

Cruelty to brute
creatures for-
bidden.

Penalty.

Inflated veal
&c., forfeited.

It is further enacted hy the authority aforesaid^

[Sect. 2.] That all calves, sheep or lambs brought alive to the mar-
ket shall be either driven or camed in carts, sleds, panyers or boats, and
not otherwise, on pain of forfeiting of all calves, -sheep or lambs passing
towards or brought alive to the market laid across, or hanging by the
sides of horses (as has been visual), or in any other way contrary to the
true intent of this act, one-half of all such forfeitures to be unto the
informers, who shall seiz and prosecute for the same, and the other
moi[e]ty to the use of the poor of the town where such seizure shall be
made, to be distributed by the selectmen or overseers of the poor. And
all selectmen, overseers of the poor, constables, tythingmen and other
officers in any town upon then- own view or information of any trans-
gression of this act within their respective precincts, shall and hereby
are impowred to seiz or cause to be seized all calves, sheep or lambs
that shall be carrying or brought alive to the market in any other way
than is before dii-ected ; and upon due proof thereof made before one
or more justices of the peace shall be forfeited, and the same or the
value thereof be disposed of as aforesaid. And all veal or other meat
exposed to sale that shall be blown up or winded, shall be ahke for-
feited and disposed of. \Pas&ed October 25.

CHAPTER 24.

AN ACT FOR AFFIRMING OF FORMER JUDGMENTS AND PROVIDING FOE

EXECUTIONS.

"Whekeas, upon tryals had in the late courts of judicature within the
several colonies now by their majesties' royal charter united and incor-
porated into one province by the name of the Province of the Mas-
sachusetts-Bay, several judgments were obtained of wdiich execution
remains to be done, and some others are depending by appeal, accord-
ing to the course and practice of the courts then in being, to the end
that there be no failure of justice for want of a due course of law for
the prosecuting, obtaining and levying of the same.

Be it etiacted and ordained by the Governour, Council and Repre-
sentatives convened in General Court or Assembly, and hy the authority
of the same,

[Sect. 1.] That where any appeal as aforesaid is depending, hav-
ing not been heard, every such appellant shall have a summons from
the clerk of the superiour court unto the adverse party, to be served
upon him seven days inclusive before the court's sitting, requiring him
to appear at the first superiour court to answer the said appeal, where
the same shall be heard and tryed according to foimer usage upon the
first evidence and no other; and the judgment to be affiimed or reversed
as the case shall there be judged upon tryal. And if the appellant neg-
lect to appear or prosecute his appeal the former judgment shall be
affii-med, and execution awarded accordingly.

A7id it is further enacted by the authority aforesaid,
[Sect. 2.] That where judgement has passed in any count[r]y court,
or court of commissioners, and execution has not been taken out and
levied for satisfying of the same, the party for whom any judgement was
so given, his executors or administrators, shall have a writ of scire facias
from the clerk of the inferiour court of pleas within the same county in
which such judgement was obtained, unto the adverse party to appear
before [the] said court, to shew cause (if any there be) why execution
should not issue forth. And in case of non-appearance, or that suffi-

[2d Sess.] Province Laws.— 1692-3. 61

cient cause be not shewn to the court, the former judgement shall be
affirmed and execution granted accordingly ; the costs of [the] [this']
tiyal to be added unto the same : provided^ that the said writ of scire
facias be served seven days inclusive before the court's sitting.

And be it further enacted hy the authority aforesaid^

[Sect. 3.] That after one year expired next after giving judgement ^tpj^^n^^^^eM-
in any court of record within this province, no execution for such judge- expired.^o be
ment shall be issued out until a writ of scire facias hath been granted ff,+°*tl-!^^*'^"
out 01 the same court and served upon the adverse party as is beiore facias.
directed, or left by the sheriff, his under-sheriff or deputy, at his dwell-
ing or place of usual and last abode, requiring him to appear and shew
cause (if any he have) why execution ought not to be done. And upon
his non-appearance, or not shewing of sufficient cause as aforesaid, the
com't shall thereupon award execution. [Passed N^ovember 8.

CHAPTER 25.

AN ACT FOE THE ORDERLY CONSUMMATING OF MARRIAGES.

£e it ordained and enacted by the Governour^ Council and Represen-
tatives in Genercd Court assembled, and by the authority of the same,

[Sect. 1.] That every justice of the peace within the county where Justices or min-
he resides, and every setled minister in any town, shall and are hereby ivdy\asoiemn-
respectively impowred and authorized to solemnize marriages, within if?j™'*"i|ses.
their respective towns and counties, betwixt persons that may lawfully
enter into such relation, having the consent of those whose immediate
care and government they are under, and being likewise first published Publishment,
by asking their banns at three several publick meetings in both the towns °^ '^ ^^^ ^'
where such parties respectively dwell, or by posting up their names and
intention at some publick place in each of the said towns, fairly written,
there to stand by the space of fourteen days, and producing certificate
of such publishment under the hand of the town clerk or constable of
such towns respectively. And the fee to be paid for every marriage. Fee for mar-
shall be three shillings, and for publishment and certificate thereof, one "'*^®' ^°'
shilUng.

And be it further enacted,

[Sect. 2.] That whoever shall presume to deface or pull down any Penalty for
such publishment posted up in writing, before the expiration of the pubi^lment^.
time, shall be fined to the use of the poor of the town, the sum of ten
shillings, being convicted thereof before one or more justices of the
peace ; and if the party be unable to pay the said fine, then to be set in
the stocks one whole hour.

[Sect. 3.] And every justice and minister shall keep a particular Marriages to be
register of all marriages solemnized before any of them, and make a lo^ie^iei.
return thereof at the end of each quarter of a year unto the clerk of the
sessions of the peace within the same county, to be by him registred ;
who is hereby impowred thereto, and shall be i^aid by every such justice
and minister, threepence for each marriage so returned.

And it is further enacted by the authority aforesaid,

[Sect. 4.] That all controversies concerning marriage and divorce Divorce,
shall be heard and determined by the govemour and council.

[Passed November 3.

Province Laws. — 1692-3.

[Chap. 26.]

CHAPTER 26.

AN ACT FOR THE SETTLEMENT AND SUPPORT OF MINISTERS AND SCHOOL^

MASTERS.

3 Mass. 480.

Contracts and
agreements to
be made good.

Neglect of
making suita-
ble proTision
for ministers to
be redressed by
the quarter
sessions.

The court of
quarter ses-
sions to take
care that no
town be desti-
tute of a min-
ister.

Churches to en-
joy their priv-
ileges and free-
doms.

Minister chosen
by the major

Eart of the in-
abitants to be
the minister of
such town.

Be it ordained and enacted by the Oovernour, Council and Mepresen-
tatives convened in General Court or Assembly^ and by the authority of
the same,

[Sect. 1.] That the inhabitants of each town within this province,
shall take due care, from time to time, to be constantly pro\'icted of an
able, learned orthodox minister or ministers, of good conversation, to
dispense the Word of Ood to them ; which minister or ministers shall
be suitably encouraged and sufficiently supported and maintained by the
inhabitants of such town. And all contracts, agreements and orders
heretofore made, or that shall hereafter be made by the inhabitants of
any town within this province, respecting their ministers or school-
masters, as to their settlement or maintenance, shall remain good and
valid according to the true intent thereof, the whole time for which
they were or shall be made, in all the particulars thereof; and shall
accordingly be pursued, put in execution and fulfilled. And where
there is no contract and agreement made in any town respecting the
support and maintenance of the ministry, or when the same happens to
be expired, and the inhabitants of such town shall neglect to make
suitable provision therein, upon complaint thereof made unto the quar-
ter sessions of the peace for the county where such town lies, the said
court of quarter sessions shall and hereby are impowi'ed to order a com-
petent allowance unto such minister according to the estate and abiUty
of the town ; the same to be assessed upon the inhabitants by warrant
from the court, directed to the selectmen, who are thereupon to proceed
to make and proportion such assessment in manner as is directed for
other publick charges, and to cause the same to be levied by the consta-
bles of such toAvn, by warrant under the hands of the selectmen, or of
the town clerk by their order,

Be it further enacted by the authority aforesaid^

[Sect. 2.] That where any town shall be destitute of a minister
qualified as aforesaid, and shall so continue by the space of six months,
not having taken due care for the procm-ing, setling and encouragement
of such minister, the same being made to appear upon complaint unto
their majesties' justices at the general sessions of the peace for the
county, the said court of quarter sessions shall, and hereby are impowred
to make an order upon every such defective town, sjjeedily to provide
themselves of such minister as aforesaid, by the next sessions at the
furthest ; and in case such order be not complied with, then the said
court shall take efiectual care to procure and settle a minister qualified as
aforesaid, and order the charge thereof and of such minister's maintain-
ance to be levied on the inhabitants of such town.

And it is further enacted by the authority aforesaid,

[Sect. 3.] That the respective churches in the several towns within
this province, shall at all times hereafter, use, exercise and enjoy all
their privileges and freedoms respecting divine worship, church order
and discipline, and shall be encouraged in the peaceable and regular
profession and practice thereof.

And further it is enacted,

[Sect. 4.] That every minister, being a person of good conversation,
able, learned and orthodox, that shall be chosen by the major part of
the inhabitants in any town, at a town meeting duly warned for that
purpose (notice thereof being given to the inhabitants fifteen days
before the time for such meeting), shall be the minister of such town ;

[2d Sess.] Province Laws.— 1692-3. 63

and the whole town shall be obliged to pay towards his settlement and
maintainance, each man his several proportion thereof.

A^id it is further enacted by the authority aforesaid,

[Sect. 5.] That every town withm this province, having the number School for
of fifty householders or upwards, shall be constantly provided of a school- writinf.^'^
master to teach children and youth to read and write. And where any ^^^^^^j™^"^
town or towns have the number of one hundred families or housholders,
there shall also be a grammar school set up in every such town, and
some discreet person of good conversation, well instructed in the
tongues, procured to keep such school. Every such school-master to
be suitably encouraged and paid by the inhabitants. And the select- fo^eslT^^rted
men and inhabitants of such towns, respectively, shall take effectual ° ^^"PPo
care and make due provision for the settlement and maintenance of such
school-master and masters. And if any town, qualified as before
exprest, shall neglect the due observance of this act, for the procuring
and settling of any such school-master as aforesaid, by the space of one
year, every such defective town shall incur the penalty of ten pounds penalty for
for every conviction of such neglect, upon complaint made unto their "^^giect.
majesties' justices in quarter sessions, for the same county in which such
defective town lieth ; which penalty shall be toward the support of such
school or schools within the same county, where there may be most
need, at the discretion of the justices in quarter sessions, to be levied
by warrant from the said court of sessions in proportion upon the
inhabitants of such defective town, as other publick charges, and to be
paid unto the county treasurer. [Passed Novemher 4.

CHAPTER 27.

AN ACT FOR THE SETTLEMENT OF THE BOUNDS, AND DEFRAYING OF THE
PUBLICK AND NECESSARY CHARGES ARISING WITHIN EACH RESPECTIVE
COUNTY IN THIS PROVENCE.

Be it ordained and enacted by the Govemour, Council and Represen-
tatives in General Court assemhled, and by the authority of the same,

[Sect. 1.] That all counties, as they now lye and are named, con- Counties to
tinue and remain distinct counties to all intents and purposes in the law fomeriy.^^
whatsoever ; and that there be a county treasurer annually chosen for
each respective county, being a freeholder within the same, and to be
chosen by the votes of the freeholders and other inhabitants of each
respective town, duly qualified as is provided by the act for the choice
of selectmen and other town oflicers ; and, at the same time, such votes
to be given in writing, and sealed up by the constable, by him to be kept
and I'eturned unto the next quarter sessions, to be held for said county,
there to be opened and sorted by such as the court shall appoint, in
presence of the justices; and the person having the majority of said choice of coun-
votes, shall be treasurer of such county for that year, and be sworn ty treasurer,
before said court.

And for the due and equal raising of monies for defraying of the
charges arising within each respective county for the necessary repairs
and amendment of bridges, prisons, the maintainance of poor prisoners,
and all other proper county charges, —

It is further enacted by the authority aforesaid,

[Sect. 2.] That when and so often from time to time as there shall County
be need of raising money for the ends aforesaid in any county, the be'dlfrayedT
justices in quarter sessions for such county, receiving information
thereof from the county treasurer, shall agree and determine the whole

Province Laws. — 1692-3.

[Chap. 28.]

sum to be raised, and each resi^ective town's projaortion of the same, as
near as may be according to the rule for raising of money for the
province charges, and shall issue forth their order unto the selectmen
of the respective towns to assess the same upon the inhabitants of such
town, each one his due and equal proportion thereof according to the
rule before mentioned, as near as may be, to be paid in money or equiva-
lent thereto ; and to make a distinct list of each person's name and pro-
portion under their hands, and such list commit unto the constable or
constables of such town, with a warrant signed by the town clerk,
directed unto the said constable or constables to levy and collect the
said assessment of each one his respective proportion ; and to pay in
their said collections unto the county treasurer, or his order, within the
time set for the same ; and to make distress upon every person
neglecting or refusing to make payment. And in default of goods or
chattels whereon to make distress, to commit the party to the common
goal of the county, until he make payment or otherwise be released by
the justices in quarter sessions. And if any person or persons think
themselves over-rated in any such assessment, they shall be eased by
the assessors, making the same to appear, or in default thereof, by the
court of quarter sessions.

And further it is enacted^

[Sect. 3.] That all monies so collected be improved and imployed
for the ends within mentioned, as the coixrt of quarter sessions shall,
from time to time, by their order in writing, direct and appoint. And
the county treasurer in each respective county, shall accomi:»t unto the
court of quarter sessions, or whom they shall appoint, for all his receipts
and payments. [^Passed November 18.

CHAPTER 28.

Bounds of
townships to
continue as
heretofore
granted and
settled, and to
be run and
marks renewed
once in three
years, under a
penalty.
0 Gray, 466.

Proprietors of
lands unfenced
or in common
fields to run the
lines once in
two years.

AIT ACT FOR REGULATING OF TOWNSHIPS, CHOICE OF TOWN" OFFICERS,
AND SETTING FORTH THEIR POWER.

JBe it ordained and enacted by the Govemour, Council and Represen-
tatives in General Court assembled, and by the authority of the same,

[Sect. 1.] That the bounds of all townships shall be and continue
as heretofore granted and settled respectively, and shall be run betwixt
town and town, and marks renewed once in three years, by two of the
selectmen of each town, or any other two persons whom the selectmen
shall appoint : the selectmen of the most ancient town to give notice
unto the selectmen of the next adjacent towns of the time and place of
meeting for such perambulation six days beforehand, on pain of forfeit-
ing five pounds by the selectmen of any town that shall neglect their
duty in any of the particulars aforesaid, two-thirds thereof unto the use
of the poor of such town, and the other third unto the selectmen of any
of the next adjacent towns that shall inform and sue for the same in
the infeiiour court of [common] pleas within the same county, to be
recovered by action or infonnation.

\_And~\ be it further enacted by the authority aforesaid,

[Sect. 2.] That each proprietor of lands lying unfenced, or in any
common field, shall once in two years, on six days' warning before given
him by the next proprietor or proprietors adjoyning, run the lines, make
and keep up the bounds between them, by sufiicient mete-stones, on
pain that every party so neglecting or refusing shall forfeit the sum of
ten shillings, one-half to the pai-ty moving, and the othei* half to the
use of the poor of the town, being convented and convicted of such

[2d Sess.] Peovince Laws. — 1692-3. 65

neglect ot refusal before any justice of the peace within the same
county, who is hereby irapowred to hear and detennine the same.

And further it is enacted by the authority aforesaid,

[Sect. 3.] That the proprietors of the undivided or common lands Some more
within each town and precinct in this province, where the same have bTimproved!*
been heretofore stated, each one's proportion being known, shall and J*y^^|^^227^^-
hereby are impowred to order, improve or divide in such way and man- s Alien, 13!
ner as shall be concluded and agreed upon by the major part of the 13 Allen, 543.
interested, the voices to be collected and accoiinted according to the
interests. And the proprietors of all undivided [or] [and] conunon
lands not stated and proportioned as aforesaid, shall and hereby are
impowred to manage, improve, divide or dispose of the same as hath been
or shall be concluded and agreed [up]on by the major part of such propri-
etors. That no cottage or dwelling-place in any town shall be admitted
to the priviledge of commonage [/or] [of] woods, timber and herbage,
or any other the priviledges which lie in common in any town, or pecu-
liar, other than such as were erected or privilcdged by the grant of such
town or peculiar before the year one thousand six hundred sixty-one, or
that have been since, or shall hereafter be granted by the consent of
any town or peculiar.

And' whereas, it has been a continued practice and custome [with]in
the several toAvns \within'\ [of] this province annually to choose selectmen
or townsmen, for the ordenng and managing [o/] the prudential affairs
of such town, and other town officers for the executing of other matters
and things in the laws appointed by them to be done and performed, —

Be it further ordained and enacted hy the authority aforesaid,

[Sect. 4.] That the freeholders and other inhabitants of each town, Qualification of
ratable at twenty pounds estate, to one single rate besides the poll, shall meltTngs.*°^'^"
some time in the month of March, annually meet and convene together,
upon notice given by the constable or constables of \_sucK\ [said] town,
or such other[s] as the selectmen or townsmen shall appoint, to give
notice of such meeting, and the time and place for the same, and by the selectmen, con-
major vote of such assembly, then and there shall choose three, five, ^^^1^%^^
seven or nine persons, able and discreet, of good conversation, inhabit- officers to be
ing within \_sucli\ [said] town, to be selectmen or townsmen and ovei-- tnta March°^
seers of the poor, where other persons shall not be particularly chosen 9 Pick. 152.
to that office (which any town may do as they shall find it necessary Town clerk to
and convenient), as also to nominate and choose a town clerk, who shall t>e under oath,
be sworn truly to enter and record all town votes, orders, grants and
divisions of land made by such town, and orders made by the select-
men, a commissioner for assessments, constables, surveyers of highways,
tythingmen, fence-viewers, clerks of the market, sealers of leather, and
other ordinary town officers. And the town clerk or two of the select- conBtabies to
men shall forthwith make and give out [w/i]to the constable or consta- offi2™s"o*be'^
bles of such town a list of the names of those that shall be then chosen sworn under a
to the office of town clerk, constables, tythingmen, clerks of the market, ^^^^ *^"
sealers of leather, and other officers, of whom an oath is by law required ;
which constable or constables, within the space of six days at furthest,
shall summon each of them respectively to a])pear before the quarter
sessions, if then sitting, or one of the next justices of the peace, to be
sworn to the faithful discharge of their respective offices and trust, on
penalty of twenty shillings to the use of the poor of the town, to be
paid by each constable neglecting of his duty in that behalf, upon con-
viction thereof before one justice of the peace, and upon non-payment
to be levied by distress : provided, that no person in commission for any persons ex-
office, civil or military, church officer or member of the house of repre- empted from
sentatives for the time being, nor any other who has served as constable stables.
within the space of seven years before, shall be chosen to the office of
constable.

Province Laws. — 1692-3.

[Chap. 28.]

Towns or se-
lectmen having
instructions, to
make orders
and by-laws.

Orders and by-
laws in towns
to be approved
by the quarter
sessions.
Penalty to be
levied by war-
rant from a
justice.

Selectmen to
make assess-
ment for county
and town
charges.

3 Mass. 280.

Assessors or
town clerk to
make out a
warrant for
levying the
same.

Distress to be
made on delin-
quents.

Persons over-
rated to be
eased.
12 Met. 217.

Constables to
settle and issue
their accounts
within three
months after
the expiration
of their year.

It is further enacted by the authority aforesaid,

[Sect. 5.] That the freeholders and inhabitants qualified as in this
act [is'\ mentioned in each respective town, in any town meeting,
orderly warned according to the usage [in'] [of] such town, or the
major part so assembled, or the selectmen having instructions given
them in writing by the to^vn for that purpose, be and hereby are
impowred from time to time to make and agree upon such necessary
rules, orders and by-laws for the directing, managing and ordering the
prudential affiiirs of such town, as they shall judge most conducing to
the peace, welfare and good order thereof, and to annex penalties for
the observance of the same, not exceeding twenty shillings for one
offence : provided, that they be not repugnant to the general laws of the
province. And such orders and by-laws being presented unto the jus-
tices in quarter sessions, and approved [of] by them, shall be estab-
hshed and binding to all the inhabitants of such town, and the penalty
for breach of any of them by any of the inhabitants to be levied by
warrant of distress from any justice of the peace before whom such
offender shall be convicted, to the use of the poor of such town.

And further it is enacted by the authority aforesaid,

[Sect. 6.] That the selectmen or townsmen chosen as aforesaid in
each town respectively, be and hereby are impowred to assess the inhab-
itants and others resident within such town and the iDrecincts thereof,
and the lands and estates lying within the bounds of such town, in just
and equal proportion as near as may be unto the county charges, accord-
ing as they shall receive order from the court of quarter sessions to be
held for the same county ; and to all town charges each particular per-
son according to his known ability and estate, such sum and sums as
hath or shall be ordered, granted and agreed upon from time to time by
the inhabitants in any town-meeting regularly assembled, or the major
part of those jDresent at such meeting, for the maintenance and suj^port
of the ministry, schools, the poor, and for the defraying of other neces-
sary charges arising within the said town, and thereof to make distinct
and perfect lists under their hands, or the major part of them, setting
down every person's name and several proportion ; and shall thereupon
make out a warrant to be signed by the said assessors or the town
clerk, by their order (who arc hereby respectively impowred thereto),
directed unto the constable or constables of the said town for the sjieedy
levying and collecting of such assessments ; and to pay in the same unto
the selectmen, or to such person as they shall appoint for receiver,
within the time thereby prefixt, and to make distress upon all such
[as] [icho'] shall [jieglect or] refuse to make payment. And for want
of goods or chattels whereon to make distress, to seize the person and
commit liim to the common goal of the county, there to remain until
he pay the sum upon him assessed as aforesaid, unless the same, or any
part thereof, upon application made unto the quarter sessions, shall be
abated. And if any person think himself overrated, and make it so
appear unto the assessors, he shall be eased ; and if they refuse, such
person agrieved may make his aj^i^lication unto the justices in quarter
sessions, who arc hereby impo-UTcd to rectifie the same. And all con-
stables having any such assessment committed unto them, shall settle
and issue their accompts thereof with the selectmen, or receiver
appointed by them, within three months after their time or year is
expired, on pain of forfeiting the sum of twenty shillings per month for
each month's neglect afterward, to the use of the poor of such town,
and to be levied by distress upon such delinquent constable's goods, by
warrant from one justice of the peace, being convented and convicted
of such neglect before him, who is hereby thereto impowred : provided,
nevertheless, that every constable, at the end of every three months,
shall pay in as aforesaid so much as he shall have collected within that
time.

[2d Sess.] Province Laws.— 1692-3. 67

Aiid it is further enacted by the authority aforesaid,

[Sect. 7.] That the selectmen or overseers of the poor in each town ^^|iP?[|°^/g ^^
(where there are such chosen and specially appointed for that service) be employed,
are hereby impowred and ordered to take effectual care that all chil-
dren, youth, and other persons of able body living within the ^ same
town or precincts thereof (not having estates otherwise to maintain
themselves) do not hve idly or mispend their time in loitering, but that
they be brought up or imployed in some honest calling, which may be
profitable unto themselves and the pubUck. And if any person or per- upon refusal to
sons fit and able to work shall refuse so to do, but loiter [«»(^] [or] lo'thehousfof*
mispend his or her time, wander fi-om place to place, or otherwise mis- correction,
order themselves, and thereof be convicted before one or more justices
of the peace, such person or persons shall by [said] [swcA] justice or
justices be sent to the house of correction, and at their entrance be
whipped on the naked back, by the master of such house or such other
as he shall procure, not exceeding ten lashes ; and be there kept to hard
labour until he or she be discharged by such justice or justices or the
quarter sessions of the peace for the same county. And it shall and Poor children

T^,,„,„,, ^ /.^i li • Ti to be bound out

may be lawful for the overseers oi the poor or selectmen m each town apprentices,
where there are no other persons specially chosen and appointed to be
overseers of the poor, [that] [ancZ] they are hereby ordered with the
assent of two justices of the peace, to bind any poor children belonging
to such town to be apprentices where they shall see convenient, a man-
child until he shall come to the age of twenty-one years, and a woman-
child to the age of eighteen years, or time of maniage ; which shall be
as effectual to all intents and purposes as if any such child were of full
age and by indenture of covenant had bound him or her self.

A7id it is further enacted by the authority aforesaid,

[Sect. 8.] That every person and persons (except as in this act is Penalty for not
before excepted) being duly chosen as aforesaid to serve in the ofiice of office"f/con-^
constable, who shall refuse to take the oath to that ofiice belonging stable.
and to serve thei-ein, if he be able in person to execute the same, shall
pay the sum of five pounds to the use of the poor of such town,
and if in the towns of Boston \or'] [and] Salem the sum of ten pounds,
and shall forthwith declare his acceptance or refusal, and the town shall
proceed to a new choice, and if such person refuse to pay down his fine,
he shall be convented before the next sessions of the peace to be held
for that county in which such town lieth, who upon certificate under
the hand of the town clerk or two or more of the selectmen that such
person was legally chosen to the office of constable, and shewing no
just cause to the sessions for his excuse, the justices shall order a war-
rant to be signed by the clerk of the peace, directed to any of the con-
stables then in being within such town, to levy the said fine by distress
and sale of such offender's goods, returning the overplus (if any be) :
said fine to be delivered unto the overseers of the poor or selectmen to
the use of the poor of such town.

And be it further enacted by the authority aforesaid,

[Sect. 9.] That if any person or persons come to sojourn or dwell Persons enter-
in any town within this province or precinct[s] thereof, and be there town by the
received and entertained by the space of three months, not having been „^onf]j*s^a*ndnot
warned by the constable or other pereon whom the selectmen shall warned' out, to
appoint for that service to leave the place, and the names of such persons inhabitants,
with the time of their abode there, and when such warning was given 3 Mass. 322.
them, returned unto the court of quarter sessions, every such person loi/ill'. '
shall be reputed an inhabitant of such to^Ti or i^recmcts of the same ; \^ W^^^s. 508.

- i /.I • ii-i 1 ' \2 Mass. 384.

and the proper charge of the same m case through sickness, lameness, 14 Mass. 364.
or otherwise they come to stand in need of relief, to be born by such i*pick?245^.*'
town, unless the relations of such poor uiipotent person in the line or 2 Pick. 430.
degree of father or grandfather, mother or gi-andmother, children or I9 pick! 4S9.'

Province Laws. — 1692-3.

[Chap. 29.]

23 Pick. 170.
7 Gray, 230,
236.

Persons of
ability to re-
lieve their poor
relations.

Persons ■warned
out of any town
to depart in
fourteen days,
or else to be
sent by the
constable.

Constables to
warn town-
meetings.

Penalty for
neglect.

Justice to give
warrant for
town-meeting,
in case, &c.

grandchildren be of sufficient ability ; then such relations respectively
shall relieve such poor person in such manner as the justices of the
peace in that county where such sufficient persons dwell shall assess, on
pain that every one failing therein shall forfeit twenty shillings for
every month's neglect, to be levied by distress and sale of such offend-
er's goods by warrant from any two such justices of the peace {quorum
umis) Avithin their limits, which shall be imployed to the use and relief
of such imjjotent poor person : provided, nevertheless, this act shall not
be understood of any persons committed to prison, or lawfully restrained
in any town, or of such as shall come or be sent for nursing or educa-
tion, or to any physician or chirurgeon to be healed or cured ; but the
particular persons who receive and entertain any such shall be the
town's security in their behalf, and be obliged to relieve and support
them in case of need, upon complaint made to the quarter sessions, who
shall accordingly order the same.

And [be] it \is~\ further enacted by the authority aforesaid,
[Sect. 10.] That any person orderly warned as aforesaid to depart
any town whereof he is not an inhabitant, and neglecting so to do by
the space of fourteen days next after such warning given, may by war-
rant from the next justice of [the'] peace be sent and conveyed from
constable to constable unto the town where he properly belongs or had
his last residence at his own charge, if able to pay the same, or other-
wise at the charge of the town so sending him.

And further it is enacted by the authority aforesaid,
[Sect. 11.] That when and so often as' there shall be occasion [of]
[for] a town meeting for any business of pviblick concernment to the
town there to be done, the constable or constables of such town, by
order from the selectmen or major part of them, or of the town clerk
by their order, in each respective town within this province, shall warn
a meeting of such town having order for the same in writing, on pain
that every constable neglecting his duty in that resj)ect, and being
thereof convicted before one justice of the peace, shall forfeit the sum
of twenty shilUngs to the use of the poor of such town, and to be levied
by distress and sale of such offender's goods by wan-ant from such jus-
tice of the peace upon neglect or refusal of payment. And in case the
selectmen in any town shall unreasonably deny to call a meeting of the
inhabitants of such town upon any publick occasion thereof, the same
being complained of and made to appear to one of the next justices of
the peace within the same covmty, such justice by his warrant directed
to the constable or constables may order a meeting of the inhabitants
of such town therein signifying the occasion thereof.

[Passed November 16.

CHAPTER 29

1095.

AN ACT FOR ISIAKING OF LANDS AND TENEMENTS LIABLE TO THE PAY-

MENT OF DEBTS.

Disallowed by Wheebas the estates of persons within this province do chiefly con-
ciJ*" August 22r sist of houses and lands, which give them credit, some being remiss in
paying of their just debts, others happening to dye before they have
discharged the same, —

It is therefore ordained and enacted by the Governour, Council and
Bepresentatives convened hi General Gourt, and by the authority of the
same,

[Sect. 1.] That all lands or tenements belonging to any person m
his own proper right in fee simple shall stand charged with the payment

[2d Sess.] Provlnce Laws.— 1692-3. 69

of all just debts owing by such person, as well as his pei-sonal estate, and

shall be liable to be taken in execution for satisfaction of the same,

where the debtor or his attourney shall not expose to view and tender

to the officer personal estate sufficient to answer the sum mentioned in

the execution, with the charges. And all executions duly served upon

any such houses and lands, being returned into the clerk's office of the

court out of which the same issued, and there recorded, shall make a

good title to the party for whom they are so taken, his heirs and assigns

forever. Also where the goods and moveables of any person deceased Superiour court

shall not be sufficient to answer- the just debts which the deceased execvito?s^nd

owed, upon representation thereof and making the same to appear unto administrators

the superiour court within the county where such deceased person last payment^o/"^

dwelt, the said court are hereby impowred to Ucence and authorize debts.

the executor or administrator of such person deceased to make sale of

all or any part of the houses and lands of the deceased so far as

shall be necessary to satisfie the just debts which the deceased owed at

the time of his death ; and every executor or administrator being so

licenced and authorized shall and may by virtue of such authority make

and execute deeds or conveyances in due form for such houses and

lands as they shall so sell, which instruments shall be a good title to the

purchase!'.

And further it is enacted hy the authority aforesaid^
[Sect. 2.] That where any person shall make sale or other aliena-
tion of any lands or tenements to him of right belonging with intent to
defeat and defraud his creditors of their just debts, not I)07ia fide for
good and valuable consideration paid, all such sales and ahenations are
to be deemed covenous and fraudulent, and shall be of none effi3ct to
bar any creditor from such debt as is to him owing.

[JPassed October 18.

" And forasmuch by the Act &c., no provision has been made for securing tlie debts due to
the Crown, the said Act is likewise repealed." — Letter from the Privy Council, ut sujpra.

CHAPTER 30.

AN ACT FOR DUE REGULATION OF WEIGHTS AND MEASURES.

To the end that weights and measures may be one and the same
throughout this their majesties' province, —

J^e it enacted and ordained by the Governour, Council and Represen-
tatives in General Court assembled^ and by the authority of the same^

[Sect. 1.] That the brass and copper weights and measures formerly
sent out of England, with certificate out of their majesties' exchequer,
to be approved Winchester measure, according to the standard in the
exchequer, be the publick allowed standard throughout this their majes-
ties' province, for the proving and sealing [of] all weights and measures
thereby. And the constables of every town throughout this province,
not already supphed, shall within three months next coming, provide
uj)on the town's charge, one bushel, one half bushel, one peck, one
half peck, one ale quart, one wine pint and half pint, one ell, one yard,
one sett of brass weights to four pounds, after sixteen ounces to the
pound, with fit scales and steel beam, tried and proved by the afore-
said standard, and sealed by the treasurer, or his deputy in his presence
(which shall be kept and used only for standards in the several towns),
who is hereby authorized to do the same ; for which he shall receive
from the constables of each town twopence for every weight and
measure so tried \and'\ proved and sealed. And the constables of

70 Province Laws.— 1692-3. [Chap. 31.]

every town shall commit those weights .and measures unto the custody
of the selectmen of their towns for the time being, who with the con-
stables are hereby enjoyned to choose one able man for sealer of all
weights and measures for their town from time to time, and till another
be chose, who shall be presented unto the next court of sessions, and
there sworn to the foithful discharge of his duty ; and shall have power
to send forth his wan-ants by the constable to all the inhabitants of
such town, to bring in all such weights and measures as they make use
of, in the month of April, from year to year, at such time and place as
he shall appoint, and make return to the sealer in writing of all persons
so smnmoned. That then and there all such weights and measures
may be proved and sealed with the town seal, — which is Ukewise to be
provided by the constables at each town's charge, who shall have for
every weight and measv\re so sealed one penny from the owner thereof
at the first sealing. And all such Aveights and measures as cannot be
brought to their just standard he shall deface and destroy; and after
the first sealing shall have nothing, so long as they continue just with,
the standard.

And it is further enacted hy the authority aforesaid,
[Sect, 2.] That if any constable, selectman or sealer do not duly
execute this law so far as to each and every of them appertains, they
and each of them shall forfeit to their majesties^ for every such neglect,
by the space of one month the sum of forty shillings, towards the sup-
13ort of their government here. And every person neglecting to bring
in their weights and measures at the time and place appointed, being
duly warned thereto, shall likewise forfeit three shillings and four-
pence ; the one-half whereof to be to their majesties as aforesaid, the
other half to the sealer aforesaid. And the jDcnalty herein mentioned
to be levied by distress, by warrant from any justice of the peace.
And [be it] [it is'] further enacted by the authority aforesaid,
[Sect. 3.] That in every seaport town within this province the con-
stable or constables are to provide upon the toAvn's charge one hundred
weight, one half hundred, one quarter of a[?i] hundred, and one four-
teen jDounds weight made of iron, to be tried, proA^ed and sealed as
aforesaid, and be kept as standards in the [sai(I] several towns, to be
used as before for other As^eights and measures is directed.

[Passed N'ovemher 1.

CHAPTER 31.

AN ACT AGAINST THE COUNTERFEITING, CLIPPING, ROUNDING, FILING OR
IMPAIRING OF COYNES.

Disallowed by "Wheeeas divers false and evil disposed persons have attempted and
df Au ^^st s^'^" pi'actised, for wicked lucre and gain's Sc^ke, to diminish, impair and falsi-
1695. "' fie the money and coynes currant Avithin this province, by counterfeiting

or clipping, rounding or filing thereof, not only to the great discredit of
the province and the government thereof, but also to the great loss and
damage of their majesties' subjects ; and more is like to be if the same
be not speedily met Avithal and prevented : for remedy whereof, —

Be it enacted, and declared and established by the Governour, Council

and Representatives, in General Court assembled, and by the authority

of the same,

^iHnd'^ieces [^ECT. 1.] That the coyu of the late Massachusetts Colony shall

of eight oFi7 pass curraut at the rate it was stampt for. And pieces of eight, sevil,

Se^cuSfnt. pill-^1' ^ncl Mexico, of full seventeen penny-weight, shall pass currant at

[2d Sess.] Province Laws.— 1692-3. 71

six shillings per piece, and half pieces of due weight, j??/'0 rata^ and
quarter pieces of the same coin at sixteen pence per piece, and realls of
the same coin at eightpence per piece.

[Sect. 2.] And whosoever, from and after the publication of this ^^^^^t^^^g^'^fng^
act, shall attempt and practice the counterfeiting, or clipping, rounding, clipping &c. of
filing, or otherwise diminishing or debasing any of the monies and coins *=°"^®-
currant within this province, being thereof lawfully convicted before the
justices of assize, shall forfeit double the value of the money so coun-
terfeited, clipped, rounded or filed, one-half to their majesties towards
the support of the- government, and the other half to the informer ;
and shall also stand in the pillory, in some open place in the shire town
of that county where the offence is committed, and there have one of
his ears cut of. {Passed JSfommber 24.

" The Act &:c., is also repealed, the punishment thereby inflicted being only forfeiture of
double the value of y" Coin impaired & standing in y» Pillory and loosing an ear it being
thought fit that these Crimes ought to be punisht as in England." — Lttler from the Privy
Council, ut sujpra.

CHAPTER 32.

AN ACT FOR THE REGULATING AND ENCOURAGEMENT OF FISHERY.

Upon consideration of great damage and scandal, that hath happened
upon the account of pickled fish, although afterwards dried and hardly
discoverable, to the great loss of many, and also an ill reputation on
this province, and the fishery of it, —

J?e it therefore enacted hy the Govemour^ Council and Representa-
tives^ convened in General Court or Asseinbly, and it is enacted hy the
authority of the same,

[Sect. 1.] That no person or persons whatsoever, after the pubUca- No mackerel to
tion hereof, shall save or salt any sort of fish (that is intended to be before*\he^first
dried) in cask or fattes, or any other way then what hath formerly and of J"i7-
honestly been practised for the making of dry fish, on penalty of for- How dry fish
feiting all such fish so salted and pickled, whether it be green or drye ;
the one moiety thereof to the use of the poor of the town where the
oflTence is committed, and the other moiety to the person that shall sue
for the same.

And it is further enacted by the authority aforesaid,

[Sect. 2.] That henceforth no mackrel shall be caiTght (except for
spending whilst fresh) before the first of July annually ; and no person
or persons whatsoever, after the j^ublication hereof, shall at any time or
place within this province take, kill, or hale ashore any mackrel, with
any sort[s] of nets or sa'ens whatsoever, on penalty of forfeiting all Penalty for tiik-
such mackrel so taken or haled ashore, and also all such nets and sa'ens Jfefs'orVehfesl'^
which were so imployed; the one-half thereof to their majesties towards
the support of this their government, and the other half to him or them
that shall infonn and sue for the same. And all justices are hereby
impowred, and required to grant their warrants for the seizing of the
same and the aforesaid forfeitures, or the receiving of the hke value in
currant money of this province. [^Passed November 26.

Peovince Laws. — 1692-3.

[Chap. 33.]

CHAPTER 33.

AN ACT FOR THE ESTABLISHING OF JUDICATORIES AND COURTS OF JUSTICE
WITHIN THIS PROVINCE.

Disallowed by
the privy couu
cil, Aug. 22,
1095.

For the more orderly regulation and establisliment of courts of justice
throughout this province, —

Be it enacted and ordained by His Excellency the Governour^ Ooimcil
and Representatives convened in Genercd Assembly, and it is hereby
enacted and ordained by the authority of the same.
Justices' court. [Sect. 1.] That all manner of debts, trespasses and other matters
not exceeding the value of forty shillings (wherein the title of land is
not concerned), shall and may be heard, tryed, adjudged and deter-
mined by any of their majesties' justices of the peace, of this province,
within the respective countys where he resides, who is hereby impowred,
upon complaint made, to grant a warrant or summons against the party
complained of, seven days before the day of tryall or hearing, thereby
requiring him or them to ai:)pear and answer the said complaint, and in
case of non-appearance, to issue out a warrant of contempt, directed to
the constable or other officer, to bring the contemner before him, as
well to answer the said contempt as the ijlantiffs action, and, if he see
cause, to fine the said contemner : provided, the said fine exceed not
ten shillings, to be accounted for to the treasurer of the county, towards
the support of the government; and after judgment given in either case,
may grant warrants of distress, directed to the constable or other officer,
to levy the said fine, debt or damage with charges, upon the defendant's
goods and chattels, who by vertue thereof shall expose the same to sale,
returning the overplus (if any be) to the defendant ; and for want of
such distress, to take the body of svich defendant into custody, and him to
carry and convey to the common goal of the county or precinct, there to
remain until he hath satisfied the said fine, debt or damage, with charges.

[Sect. 2.] And in case such complainant be nonsuited or judgment
pass against him, then the said justice is hereby impowred to assess to
the defendant reasonable costs against such complainant, to be levied
and recovered in manner and form above expressed.

[Sect. 3.] And the said justice is hereby required to keep fair
records of all his proceedings therein from time to time : provided,
always, nevertheless, that the j^arty cast shall have liberty to appeal to
the next inferiour court of common pleas to be holden for the same
county, he entring into recognizance with one sufficient suretie in
double the value of the debt or damage sued for, and sufficient to
answer all costs, to prosecute the said apioeal there with effi^ct, and to
abide the order of the said court where such case shall be tryed, there
to receive a final issue :

Provided, also, that the party appealing shall bring the copies of
the whole case to said court, and each party shall be there allowed the
benefit of any further plea or evidence ; and if upon any such new
plea or evidence, the judgement happen to be reversed, the aj^pellant
shall have no costs granted for the first tryal.

J3e it further enacted and ordained by the authority aforesaid,

[Sect. 4.] That there shall be held and kept in each respective
county within this province, yearly, at the times and places hereafter
named and exj)ressed, four courts or quarter sessions of the peace, by
justices of the peace of the same county, who are hereby impowred to
hear and deteimine all matters relating to the conservation of the peace
and punishment of offi3nders, and whatsoever is by them cognizeable
according to law ; that is to say, for the county of Suffolk, at Boston,
on the first Tuesdays in March, June, September and December; for
the county of Plymouth, at Plymouth, on the third Tuesdayes in 3larch,

Quarter ses-
sions of the
peace.

[2d Sess.] Province Laws.— 1692-3. 73

Juno, September and December ; for the county of Essex, at Salem, on
the last Tuesdayes in June and December ; at Ipswich, on the last Tues-
day in March, and at Newbury on the last Tuesday in September ; for
the county of Middlesex, at Charlstown, on the second Tuesdayes in
March and December ; at Cambridge, on the second Tuesday in Sep-
tember, and at Concord, on the second Tuesday of June ; for the county
of Barnstable, at Barnstable, on the first Tuesdayes in April, July,
October and January; at Bristol, for the county of Bristol, on the
second Tuesdays in April, July, October and January ; for the county
of York, at York, on the first Tuesdayes in April and July ; and at
Wells, on the first Tuesdayes in October and January ; and, for the
comity of Hampshire, at Northampton, on the first Tuesdayes in March
and June; at Springfield, on the last Tuesdayes in September and
December ; and that there be a general sessions of the peace held and
kept at Edgar Town upon the Island of Capawock alias Martha's
Vineyard, and on the Island of Nantucket respectively, iipon the last
Tuesday in March and on the first Tuesday of October yearly, from time
to time.

And it is further enacted by the authority aforesaid,

[Sect. 5.] That at the times and places before mentioned, there Courts of com-
shall be held and kept in each respective county and islands before "loJipi^as.
named within this province, an inferiour court of common pleas, by fou.r
of the justices of and residing witliin the same county and islands
respectively, to be appointed and commissionated thereto, any three of
whom to be a quorum, for the hearing and determining of all civil
actions arising or hapning within the same, tryable at the common law,
of what nature, kind or quality soever ; and upon judgment given
therein, to award execution : provided, nevertheless, that it shall be in Appeal to tho
the liberty of the party cast in any of the said inferiour courts, to appeal ^"P^"*^^ ^'""^ •
from the verdict and judgment given therein, unto the next superior
court to be held within or for the same county, the case there to be
tryed to a final issue ; or by a new j^rocess, once and no more, to Review,
review the said case in the same court where it was first tryed, and
within the space of ten days, after judgment given upon such tryall by
review, the party agrieved may bring his writt of error for a tryall of
the said case at the next superiour court, to be held within or for the
same county, there to receive a final issue and determination.

Provided, also, that the party appealing or bringing any writt of error
as aforesaid, shall first enter into recognizance with sufficient su.reties,
before one or more of the justices of the court appealed from, and upon
writt of error, before one or more of the justices of the superiour court, in
double the value of the debt or damage recovered, that he will prose-
cute the same appeal or writt respectively with efiect and abide the
order of the court ; no apj^eal to be admitted after the time of the
court's sitting nor after execution granted, and the i^arty appealing to
bring the copies of the whole case unto the superior court, where each
party shall be allowed the benefit of any new and further pl«a and
evidence. And if upon any such new plea and evidence, the judgement
happen to be reversed, the appellant shall have no cost granted him for
the first tryal.

Provided, also, that every appellant as aforesaid shall give in a decla-
ration, briefly setting forth the reasons of his appeal, unto the clerk of
the court appealed from, fourteen days inclusively before the sitting of
that court where such appeal is to be tryed.

And it is further enacted by the authority aforesaid,

[Sect. 6.] That there shall be a superiour court of judicature over Superior conrti
this whole province, to be held and kept annually at the respective
times and places hereafter mentioned, by one chief justice and four other
justices, to be appointed and commissionated for the same, three of

74 Peovince Laws.— 1692-3. [Chap. 33.]

whom to be a quorum ; wlio shall have cognizance of all pleas, real,
personal or mixt, as well in all pleas of the crown, and in all matters
relating to the conservation of the peace and pvmishment of offenders,
as in civil causes or actions between party and party, and between their
majesties and any of their subjects, whether the same do concern the
realty and relate to any right of freehold and inheritance, or whether
the same do concei-n the personalty and relate to matter of debt, con-
tract, damage or personal injury, and also in all mixt actions which
may concern both realty and personalty ; and, after deliberate hearing,
to give judgment and award execution thereon. The said superiour
court to be held and kept at the times and places within the respective
counties following ; that is to say, within the county of Suffolk, at Bos-
ton, on the last Tuesdayes of April and October ; Avithin the county of
Middlesex, at Charlstown, on the last Tuesdayes of July and January ;
within the county of Essex, at Salem, on the second Tuesday of Novem-
ber ; and at Ipswich, on the second Tuesday of May ; within the coun-
ties of Plimouth, Barnstable and Bristol, at PHmouth, on the last
Tuesday of February, and at Bristol, on the last Tuesday of August.
And be it further enacted hy the authority aforesaid,
[Sect. 7.] That the tryal of all civil causes by appeal or wi-it of
error, from any of the inferiour courts -within the respective counties of
York or Hampshu-e, the Islands of Capawock alias Martha's Vineyard,
and Nantucket, shall be in the superiour court to be held at Boston or
Charlstown.
And further it is enacted,
Court of assize [Sect. 8.] That when and in what county soever the said superiour
gaol^eUvTry. court shall sit, the justices thereof shall hold a court of assize and general
goal delivery for the said county, at the same time, as occasion shall be.
And there shall be held and kept a court of assize and general goal
delivery for the respective counties and places of York, Hampshire, the
the Islands of Capawock, alias Martha's Vineyard, and Nantucket,
within the same, from tune to time as the govemour and council, advis-
ing with the justices of the superiour court, shall direct and appoint,
according as occasion may be.

And it is further enacted by the authority aforesaid.
Plaintiff's [Sect. 9.] That it shall be in the liberty of any plaintiff to begin

his^smt*in thf ° his Suit either in the inferiour or superiour court, at his pleasure ; and
inferior or where the original process is made out of the superiour court, the party
superior cour . ^^^^ q\i^\\ have liberty to review his case in the said superiour court once
No action under and no more: provided, nevertheless, that none of the said inferiour
^^^?*'3?°l?A*^i„ courts shall receive any action under the value of forty shillings ; nor

come originally ,,_ . ,•', , „, iiii^ • ^ ^i

to the superior shall any action under the value oi ten pounds be brought mto the
*'°'^^*" superiour coui't, unless where freehold is concerned, or upon appeal.

And it is further enacted hy the authority aforesaid.

Matters of fact [Sect. 10.] That all matters and issues in fact arising or happening

to^be tried by a -v^ithin the said province, shall be tryed by twelve good and lawful men

^ ^* of the neighbovirhood ; and that no person or persons shall be chosen

and returned to serve upon any such jury but such as shall have a real

estate of freehold worth forty shillings per annum, or personal estate

worth fifty pounds.

And for the more equal returning and appearance of jurors to serve
in the several courts, —

It is enacted hy the authority aforesaid.
Jurors how to [Sect. 11.] That the clerk of each court respectively, in convenient
^ ^^^"' time before the sitting of such court, shall issue out warrants, directed
to the constables of the several towns within the county or jurisdiction
of said court, or the most i:>rincipal of them, to assemble the freeholders
and other inhabitants of each several town, quaUfied as aforesaid, to
serve as jurors, requiring them to choose so many good and lawful men

[2d Sess.] Province Laws.— 1692-3. 75

as the warrant shall direct, for grand and petit jurors to serve at such
court ; and the constable shall summon the persons so chosen, to attend
accordingly at the time and place appointed, and make timely return of
his warrant unto the clerk that granted the same. And no person
serving as a justice, juror, witness or otherwise shall be obliged to use
any other ceremony in taking of their respective oaths then lifting up
the hand, as has been accustomed.

Andhe it further enacted by the authority aforesaid,

[Sject. 12.] That all processes and writs shall issue out of the clerk's au processes
office of the said respective courts, in their majesties' names, under the issue forth iu
seal of the said office, and signed by the clerk, and be directed to the *am'e™''''Town-
sheriff or marshal of the county, his under-sheriff or deputy. And clerk to grant
where the sum sued for is under ten pounds, to direct also to the con- casestrlabie^"'
stable of the town : provided, nevertheless, that replevins, summons and before one jus-
attachments for any matter or cause tryable before one justice of the mons^for wit-'
peace, and summons for Avitnesses in civil cases, may be granted by the aesses.
town clerk, and directed to the constable of such town, or to the party
to be summoned for witness. And the clerk of each town respectively
within this province is hereby impowred to make and grant such writs
and processes as aforesaid, and the constable or constables of such town
are required to execute them. And all processes for appearance, as well
in the inferiour court of pleas as the superiour court of judicature, shall
be served and executed fourteen days before the sitting of such court
wherein such writs shall be returnable, and that all proper original pro-
cesses in the said courts shall be summons, capias or attachment. And
in case, ixpon any such summons duly served, and affidavit thereof made
in court, the defendant do not appear by himself or his attoumey
lawfully authorized, judgment shall pass against him by default.

And it is further enacted and declared by the authority aforesaid,

TSect. 13.1 That the iustices of the said several courts be and Justices of
,■-, .-• T •', , TT^ii courts to make

hereby are mipowred to make necessary i-ules and orders lor the more necessary rules

orderly practising and proceeding in said courts ; and that no summons, ^^* orders,
process, writ, judgment or other proceeding in courts or course of jus-
tice shall be abated, arrested or reversed upon any kind of circumstan-
tial errors or mistakes, where the person and case may be rightly under-
stood and intended by the court, nor through defect or want of fonn
only. And all writs, processes, declarations, pleas, answers, rephca-
tions and entries in all the said courts shall be in the English tongue
and no other. And that it shall be iu the liberty of every plaintiff or
defendant in any of the said courts, to plead and defend his own cause
in his proper person, or with the assistance of such other as he shall
procure, being a person not scandalous or otherwise offensive to the
court.

And it is hereby further enacted by the authority aforesaid,

[Sect. 14.] That there be a high court of chancery within this court of chan*
province, Avho shall have power and authority to hear and determine all ^^^'
matters of equity, of what nature, kind or quality soever, and all con-
troversies, disputes and differences arising betwixt co-executors, and
other matters proper and cognizeable to said court, not rehevable by
common law ; the said court to be holden and kept by the governour, or
such other as he shall appoint to be chancellor, assisted with eight or
more of the council, who may appoint all necessary officers to the said
court ; which said court shall sit and be held at such times and places
as the governour or chancellor for the time being shall from time to
time appoint : provided, nevertheless, that the justices in any of the
courts aforesaid, where the forfeiture of any penal bond is found, shall
be and hereby are impowred to chancer the same unto the just debt and
damages.

Province Laws. — 1692-3.

[Chap. 34.]

Appeal to their
majesties in
council.

Witnesses'
allowance.

Penalty for non-
appearance.

Justices may
grant summons,
capias or attacb-
ment,

Provided, also, that either party not resting satisfied with the judg-
ment or sentence of any of the said judicatories or courts in personal
actions wherein the matter in difference doth exceed the value of three
hundred pounds sterling (and no other), may appeal unto their majes-
ties' in council, such appeal being made in time, and security given
according to the directions in the charter in that behalf.
And it is further enacted by the authority aforesaid,
[Sect. 15.] That two shilUngs^er diem shall be accounted due sat-
isfaction to any witness for his travel and expences, and no more to be
allowed in civil causes ; and if such witness live within three miles of
the place of the court's sitting whereto he is summoned, and be not to
pass any ferry, then one shilling and sixpence joer dietn shall be
accounted sufficient. And if any person or persons upon whom any
process out of any court of record shall be served, to testifie or depose
concerning any cause or matter depending in any of the same courts,
and having tendi-ed unto him or them such reasonable sums of mony
for his or their costs and charges as, having regard to the distance of
the places, is necessary to be allowed in that behalf, do not appear
according to the tenor of the process, having no lawful or reasonable
let or impediment to the contrary, that then the party so making
default shall for every such offence lose and forfeit forty shillings, and
shall yield such further recompence to the party grieved as by the discre-
tion of the justices of the court out of which such process issued shall be
awarded, according to the loss and hindrance that the party which pro-
cured the said process shall sustain by reason of the non-appearance of
the said witness or witnesses ; the said several sums to be recovered by
the party so grieved against the offender or offenders by action of debt,
bill, plaint or infonnation in any of their majesties' courts of record, in
which no wager of law, essoign or protection to be allowed.
It is further declared and enacted by the authority aforesaid,
[Sect. 16.] That every justice of the peace may grant summons,
capias or attachment in all civil actions triable before him. \_Passed
November 25.

" — whereas by the Act &c., divers Courts being established by the said Act, It is hereby
further provided that if either party not being satisfied with y^ judgment of any of y" said
Courts in personall actions not exceeding £300 (and no other) they may appeal to His Ma'y in
Councill which proviso not being according to the words of the charter and appeals to y° King
in Councill in reall actions seeming thereby to be excluded It hath been thought fit to repeal
the said Act." — LtU^rfrom the Privy Council, ut supra.

CHAPTER 34.

AN ACT REQUIRING THE TAKING THE OATHS APPOINTED TO BE TAKEN
INSTEAD OF THE OATHS OF ALLEGIANCE AND SUPREMACY.

Whereas their Royal Majesties in and by their charter for the erect-
ing and incorporating of their province of the Massachusetts Bay in
New England have granted and ordained, that the governour, or liev-
tenant or deputy governour of their said province or territory for the
time being, or either of them, or any two or more of the council or
assistants for the time being, as shall be thereunto appointed by the said
governour, shall and may at all times and from time to time have full
power and authority to administer and give the oaths appointed by an
act of parliament made in the first year of their present Majesties' reign,
1 w. & M., ch. 8. entituled " An act for the abrogating of the oaths of allegiance and
supremacy and appointing other oaths," to be taken stead of the oaths
of allegiance and supremacy, to all and every j)erson and persons which

[2d Sess.] Province Laws.— 1692-3. 77

are no^y inhabiting or residing within the said province or territory, or
which shall at any time or times hereafter go or pass thither. Now, to
the intent that there he no faihxre herein, but that their majesties' sub-
jects within this their province may accordingly recognize their duty
and allegiance, —

-Be it enacted and ordained by His Excellency the Govemour^ Coun-
cil and Representatives in General Court assembled^ and by the author-
ity of the same,

[Sect. 1.] That the oaths in said act mentioned, and thereby All male per-
appointed to be taken instead of the oaths of allegiance and supremacy, Ind^pwar^s^to
and each of them be and shall be forthwith administrcd and given take the oaths,
unto all male persons of the age of eighteen years or above, inhabiting
or residing in any town or place within this j^rovince (that have not
already taken the same, and shall make it so aj^pear), by his excellency
the governour, or the hevtenant or dej^uty govcmour, or any two or
more of the council or assistants, or such others as shall be thereunto
appointed by the governour, and the list of the names of all persons so
sworn to be returned into the secretary's office.

And be it further enacted by the authority aforesaid,

[Sect. 2.] That if any j^erson or persons shall refuse to take the Penalty for
said oatlts or either of them when tendered to him or them by any per- '^^"^^"S-
sons lawfully authorized as is aforesaid to administer or tender the
same, the person or persons so tendering the said oaths or either of
them shall commit the said person and persons so refusing, to the com-
mon goal or house of correction, there to remain without bail or main-
prize for the space of three months ; unless such offender shall pay down
to the said person or persons so tendring the said oaths or either of
them such sum of money, not exceeding forty shillings, as the said person
or persons so tendring the said oaths or either of them shall require such
offender to pay for his said refusal ; which money shall be paid to the
selectmen or overseers of the poor of the town or place where such
offender did last inhabit ; and unless every such offender shall also
become bound with two sufficient sureties with condition to be of the
good behaviour, and also to appear at the next general quarter sessions
of the peace to be held for the same county where such offender doth
inhabit or reside, at which coiu-t of quarter sessions the said oaths shall
be again tendered to every such offender by the justices of the said court
in open sessions. And if the said offender shall refuse to take the said
oaths or either of them when tendred to him by the said justices in
open sessions as is aforesaid, the said justices tendring the said oaths
shall commit the said person and j^ersons so refusing to the common
goal or house of correction, there to remain for the space of six months,
unless every such offender shall j^ay down to the justices so tendring
the said oaths such sum of money not exceeding ten jjounds nor under
five pounds as the said justices shall require such offender to pay for his
second refusal, the said money to be disposed of in manner aforesaid ;
and unless every such offender shall likewise become bound with two
sufficient sureties with condition to be of the good behaviour until he
or they do take the said oaths.

And whereas, there are certain persons who scniple the taking of any
oath, —

Re it enacted by the authoirity aforesaid,

[Sect. 3.] That every such person shall make and subscribe the Declaration of
declaration of fidelity following ; viz., I, A B, do sincerely promise and ^deUty.
solemnly declare before God and the world, that I will be true and
faithful to king William and queen Mary ; and I do solemnly profess
and declare, that I from my heart abhor, detest and renounce as impi-
ous and heretical that damnable doctrine and position, that princes,
excommunicated or deprived by the pope or any authority of the see

78 Peovince Laws.— 1692-3. [Chap. 35.]

of Rome, may be deposed or mm'dered by their subjects, or any other
whatsoever. And I do declare that no foreign prince, person, pre-
late, state or potentate hath, or ought to have any power, jurisdiction,
superiority, preheminence or authority, ecclesiastical or spiritual, withia
the realm of England, or any of their majesties' dominions. [^Passed
November 18.

•' — read and approved ; But their Lops* observing that by this Act no person entering upon
publick offices for the future is obliged to take the said Oath, agree that notice be tal?en hereof
to the Governor and Councill that some further provision may be made herein." — Votz of the
Comviiitee of Trade on the reiiort of the Attorney-General, 29 March, 1695.

CHAPTER 35.

AN ACT FOR THE ESTABLISHING OF FORMS OF OATHS.

£e it declared and enacted, by the Governour, Council and Mepresen-
tatives in General Court assembled, and by the authority of the same.

That the several forms of oaths hereunder written be and are hereby
established to be given and administred unto the respective officers for
whom they are aj^pointed, as followeth :

Conncillor'a You, A B, being chosen and admitted of tteir majesties' council witMn this

oath. their province, do swear by the everliving God, that you will to the best of your

judgment at all times freely give your advice to the governour, for the good man-
agement of the publick afiairs of this government, and that you will not directly
nor indirectly reveal such matters as shall be debated in council and committed
to your secrecy, but will in all things be a true and faithful counsellor when you
are thereunto required. So help you God.

Justice of peace You, A B, [do] swear, that as justice of the peace in the county of S, accord-
oath, ing to the commission given you, you shall dispense justice equally and impar-
4^^^^' *^^' tially in all cases, and do equal right to the poor and to the rich after your cun-
ning, wit and power, and according to law ; and you shall not be of council in
any quarrel that shall come before you. You shall not let for gift or other cause,
but well and truly you shall do your office of justice of the peace in that behalf,
taking only appointed fees ; and you shall not direct or cause to be directed any
warrant (by you to be made) to the parties, but you shall direct your warrant to
the sheriff, his under-sheriff or deputy, [constables] tythingmen, or other officers
proper for the execution of the same in the county. And this you shall do with-
out favor or respect to persons. So help you God.

Sheriff's or mar- You swear, that you will well and truly serve the king and queen's majesties in
shall's_ oath, ^}jg office of the sheriff of the county of S. and do the king and queen's profit in
dis, ** ^^ ^^' all things that belongeth to j'ou to do by way of your office, as far forth as you
can or may, you shall truly keep the king and queen's rights and all that belongs
to the crown ; you shall not respite the king and queen's debts for any gift or
favour, where you may raise them without great grievance of the debtors ; you
shall truly and uprightly treat the people of your sheriffwick, and do right as well
to poor as to rich in all that belongeth to your office ; you shall do no wrong to
any man for any gift or other behest or promise of goods, for favour nor hate ;
you shall disturb no man's right ; you shall truly acquit at the treasury all those
of whom you shall anything receive of their majesties' debts ; you shall nothing
take whereby their majesties may lose, or whereby the right may be letted or dis-
turbed or their majesties delayed ; you shall truly return and truly serve all their
majesties' writs as far forth as shall be to your cunning ; you shall take no bayliff
into your service but such as you will answer for, and of true and sufficient men
in the county, and shall cause each of your bayliffs to make such oath as you make
yourself in that belongeth to their occupation. And over this in eschewing and
restraint of the manslaughters, robberies and other manifold grievous offences that
be done daily, all these things you shall truly observe and keep as God help you.

* Lordships.

[2d Sess.] Province Laws.— 1692-3. 79

Whereas you, A B, are cliosen constable within the town of C for one year constable's
now following, and until other be chosen and sworn in your place, you do swear, oath,
that you will carefully intend the preservation of the peace, the discovery and
preventing all attempts against the same, that you will duly execute all warrants
which shall be sent unto you from laAvful authority and faithfully attend all such
directions in the laws and orders of court as are or shall be committed to your
care, that you will faithfully and with what speed you can collect and levy all
such fines, distresses, rates, assessments and sums of money for which you shall
have sufficient warrants according to law, rendring an accompt thereof and pay-
ing in the same according to the direction in your warrant. And with like ftiith-
fulness, speed and diligence will serve all writs, executions and distresses in pri-
vate causes betwixt party and party, and make returns thereof duly into the same
court where they are returnable. And in all these things you shall deal seriously
and faithfully whilst you shall be in office without any sinister respects of favour
or displeasure. So help you God.

You as foreman of this inquest for the body of this county of S., you shall dill- Grandjuror's
gently enquire and a true presentment make of all such matters and things as oath
shall be given you in charge, the king and queen's majesties' counsel, your fellows'
and your own you shall keep secret ; you shall present no man for envy, hatred
or malice, neither shall you leave any man unpresented for love, fear, favour or
affection, or hope of reward, but you shall present things truly as they come to
your knowledge, according to the best of your understanding. So help you God.

The same oath which your foreman hath taken on his part, you and every of
you on your behalf shall well and truly observe and keep. So help you God.

You shall well and truly try and true deliverance make between our sovereign petit juror'a
lord and lady, the king and queen, and the prisoners at the bar, whom you shall oath, 5 Gray,
have in charge according to your evidence. So help you God. ^^^'

You swear, that in all causes between party and party that shall be committed Juror's oath in
unto you, you will give a true verdict therein according to law and the evidence civil cases.
given you. So help you God.

You swear, that in the office of town clerk within the town of B, whereto Town clerk's
you are chosen, you will diligently and faithfully attend and discharge the duty oath,
of your place and duly observe the directions of the law in all things whereto
your office hath relation and thereby committed to your care and trust. So help
you God.

You swear, that you will from time to time diligently and faithfully discharge oath of leather
and execute the office of within the limits whereto sealer, clerk of

you are appointed for the ensuing year, and until another be chosen in your ie^,^flsh*^*' *^"'"
place, and that in and by all the particulars mentioned in the laws whereto packer, gager,
your office hath relation, and that you will do therein impartially according to mutatis mutan-
law without fear or favour. So help you God. \_Passed November 25 ; published *®'
December 9.

CHAPTER 36.

AN ACT FOR THE ESTABLISHING OF PRESIDENTS AND FORMS OF WRITTS,

AND PROCESSES.

JBe it enacted and declared hy the Governour, Council and Representa-
tives in General Court assembled, and by the authority of the same.

That the several forms of writts and processes here underwritten bo Disallowed by
and hereby are estabUshed to be the forms to be observed by the re- ^1*1*^ ^'^^^^22°'^'^'
spective officers that are or shall be appointed and impowred to grant 1095. °
the same : —

80 Proyince Laws.— 1692-3. [Chap. 36.]

William and Mary, by the grace of God, of England, Scotland, France and
Ireland, king and queen, defenders of the faith, &c.

To our sheriff or marshal of our county of greeting :

Writ for calling Wee command that upon receipt hereof you forthwith make out your precepts,
sexii y. directed unto the selectmen of each respective town within your precinct, requir-
ing them to cause the freeholders and other inhabitants of their several towns,
duly qualified as in and by our royal charter is directed, to assemble at such time
and place as they shall appoint, to elect and depute one or more persons (being
freeholders within our said province), according to the number set and limited by
an act of our general assembly within the same, to serve for and represent them
respectively, in a great and general court or assembly by us appointed to be
convened, held and kept for our service at the town-house in Boston, upon
the day of next ensuing the

date of these presents. And to cause the person or persons so elected, and de-
puted by the major part of the electors present at such elections, to be timely
notified and summoned by the constable or constables of such town to attend our
service in the said great and general court or assembly on the day above prefixed
by nine in the morning ; and so de die in diem during their session and sessions,
and to return the said precepts with the names of the persons so elected and de-
puted unto yourself. Whereof you are to make return, together with this -writ,
and of your doings therein, under your hand, into our secretary's oflice at Boston,
one day at the least before the said court's sitting. Hereof you may not fail at
your peril. Witness Sir W. P., Knight, our captain general and governour in
chief in and over our province of the Massachusetts Bay in New England. Given
at Boston, imder the publick seal of our province aforesaid, the
day of 169 in the year of our reign.

By his excellencie's command.

Suffolk, ss.

In observance of their majesties' writ to me directed.

These are in their majesties' names to will and_ require you forthwith to cause
the freeholders and other inhabitants of your town, that have an estate of free-
hold in land Avithin this province or territory of forty shillings per annum at the
least, or other estate to the value of forty pounds sterling, to assemble and meet
at such time and place as you shall ajDpoint ; then and there to elect and depute
one or more persons (being freeholders Avithin the province), according to the
number set and limited by an act of the general assembly, to serve for and repre-
sent them in a great and general court or assembly appointed to be convened,
held and kept for their majesties' service at the town-house in Boston upon
the day of next ensuing the

date hereof; and to cause the person or persons so elected and deputed by the
major part of the electors present at such election to be timely notified and sum-
moned by one or more of the constables of the town, to attend their majesties'
service in the said great and general court or assembly, on the day above pre-
fixed, by nine in the morning, and so de die in diem during their session and ses-
sions. Hereof fail not, and make return of this precept, with the names of the
person or persons so elected and deputed, with their being summoned, unto my-
self on or before the day of abovesaid. Given under my hand
and seal at the day of 169 in the year of their
majesties' reign. A. B. of the county of

To the selectmen of the town of greeting.

Eeturn.

Pursuant to the precept within written, the freeholders and other inhabitants of
this town qualified as is therein directed, upon due warning given, assembled and
met together the day of and then did

elect and depute A. B. and C. D. to serve for and represent them in the session
and sessions of the great and general court or assembly appointed to be begun
and held at Boston on the ^ day of

the said persons being chosen by the major part of the electors present at said
meeting. Dated in the day of

y Selectmen.

The persons chosen are notified thereof, and summoned to attend accordingly.
By me, A. B. constable of C.

[2d Sess.] Province Laws.— 1692-3. 81

Essex, ss.
To the sheriff or marshal of the saiid county, or either of their deputies or Summons for
constables of the town of S., or to any or either of them. In their majesties' fore aTustice. '
names you are required to summon and give iiotice unto T. P. of
(if he may be found in your precincts), that he appear before me, J. H., Esq.,
one of their majesties' justices of the peace, for the county aforesaid, at my dwell-
ing house in S. on being the day of

at of the clock in the forenoon, then and there to answer

E. L., in a plea of

to the value of as shall then and there

appear, with all due damages, making true return as the law directs. You are
also hereby further required to signifie unto the said T. P.

that he may not fail in the premises, as he will answer the contempt at
the peril of the law in this case made and provided. Dated in
the day of and in the year

of their majesties' reign.

Essex, ss.
To the sheriff or marshal of the said county, or constables of the town of S., Warrant for
or to any or either of them, greeting: Whereas T. P., of ^ _ cooper, contempt.

was served with summons, granted by me, J. H., Esq., one of the justices of the
said county, for his appearance before me on the day of

past, to answer E. L., of _ merchant, in a plea of

to the value of with due damages, the said

T. P. making default in appearance. These are in their majesties' names, to will
and require you therefore to take the body of the said T. P. (if he may be found
in your precinct), and him safely keep, so that he may be had before me on

being the day of _ at

of the clock in the forenoon, as well to answer the said E. L., of his plea afore-
said, as for his contempt, making true return of this writ, as the law directs.
Dated at the day of in the

year of their majesties' reign.

Suffolk, ss.
To the sheriff or marshal of the said county, or either of their deputies or Attachment be-
constables of the town of B., or to any or either of them. In their majesties' [^efpeace*^^^ ^^
names you are required to attach the goods or estate of J. N. of B., to the value
of and for want thereof, you are to take the body of the said

J.N. (if he may be found in your precincts), and him safely keep, so that he
may be had before J. E., Esq., one of the justices of the said county on

being the day of at of the clock

In the forenoon, to answer L. M. of In a plea of

to the value of as shall then and there appear, with all due

damages, making true return of this writ as the law directs. Dated at B., the

day of in the year of their majesties' reign.

Suffolk, ss.
William and Mary, &c.' To the sheriff or marshal of our said county, his dep- Execution
uty or deputies, or constables of the town of or to any or either of granted by a

them. We command you that without any delay you levy of the money or '' ^ ^
estate of J. N. of B. (If It may be found in your precincts), the sum of

with shillings more for this writ, and deliver the same unto

L. M., of to satlsfie a judgement obtained against the aforesaid

J. M., for with his costs and damages occasioned and accruing by

a suit commenced against him befoi-e J. E., Esq., one of our justices assigned to
keep our peace in our said county, the day of

and in want of the said money or other estate to the said L. M., his satisfaction,
we command you to take the person of the said J. N., and him commit to the
custody of the keeper of our prison in B., where he is to continue until the said
debt is satisfied, or that he be discharged by the creditor, or otherwise by order of
law. Hereof fail not at your peril, making true return of this our writ as the law
directs. Witness our said justice at this day of

in the year of our reign.

Province Laws. — ^1692-3.

[Chap. 36.]

Attachment to
the superior or
inferior court.

Suffolk, ss.

William and Mary, &c. To the sheriff or marshal of our said county, or either

of their deputies, greeting : We command you to attach the goods or estate of

D. T., of to the value of and for want thereof

to take the body of the said D. T. (if he may be found in your precinct), and

safely keep, so that you have before our justices at our next

court of to be holden at B., within or for our said

county on the day of next, then and there to answer to

C. L., in an action of as shall then and

there appear with damages ; and have you there this writ. Witness W. S., Esq.,

at B., this day of in the year of

our reign. J. W.

Summons* ap-
pearance upon
goods attaclied.

Summons to
give evidences.

WiUiam and Mary, &c. To A. B. of C, greeting:

We command you that you appear at our court of , to be held at B.,

for or within the county of S., on the Tuesday in next, to answer

unto C. D. of , in an action of , to the value of , which

the said C. D. hath commenced, to be then and there heard and determined, to
respond which action your goods or estate are attached to the value of

Hereof fail not at your peril. Witness, W. S., Esq.> at B., the day of

, in the year of our reign.

J. W.

Suffolk, ss.
To A. B. of C. In their majesties' names you are required to make your
appearance before their majesties' justices of the next court of , to be

holden for or within the county aforesaid, at B., upon the Tuesday of

instant, to give evidence of what you know relating to a plea or action of

, then and there to be heard and tryed betwixt R. S., plaintiff, and S. T.,
defendant, Hereof fail not, as you will answer your default under the pains and
penalt[?/][ies] of the law in that behalf made and provided. Dated in D. the
day of , in the year of their majesties' reign.

Writ of facias
habere posses-
sionem and
writof j?eri
facias for dam-
ages and costs.

William and Mary, &c. To our sheriff or marshal of our county of E., or
either of their deputies, greeting : Whereas A. B., of C, yeoman, before our
justices of our court of , held for or within our said county of E.,

at S., upon the Tuesday in N. past, by the consideration of our said court,

recovered his term yet to come of and in messuage or tenement, with the

appurtenances, or acres of land, pasture or meadow, lying in the

of D., within your precincts, against E. F., of G., carpenter, who had unjustly
put out and amoved the said A. B. from his possession thereof, and also there
recovered pounds shillings and pence for costs and damages

which he has sustained by reason of the said offence and ejectment, and expended
for the removal thereof, as to us has been made to apjjear of record : we command
you, therefore, that without delay you cause the said A. B, of and in the aforesaid
tenement, with the appurtenances or land, to have possession of his term yet to
come. We also command you, that of the goods, chattels or lands of the said
E. F. within your pi'ecinct at the value thereof in money; you cause the said A. B.
to be paid and satisfied the aforesaid sum of pounds shillings and

pence, which to the said A. B., in the said court, was adjudged for his
costs and damages, with shillings more for this writ, and thereof also to

satisfie your self for your own fees. And for Avant of such goods, chattels or land
of the said E. F's to be by him shewn unto you, pr found within your precinct to
satisfie the aforesaid sums, we then command you to take the body of the said
E. F. and him commit unto the keeper of [?y]our goal in S., within our said
prison, whom we likewise command to receive him the said E. F., and him safely
to keep, until he pay unto the said A. B. the full sum above mentioned, and be by
him released, and also satisfie your fees. And this writ, with your doings thei-ein,
you are to return unto our said court of , to be holden at S. upon

the Tuesday in N. next. Witness, AV. S., Esq., in S., the day of

, in the year of our reign.

T. H.

Execution. William and Mary, &c. To our sheriff or marshal of our county of S., or either

of their deputies, greeting : Whereas A. B., of C, yeoman, recovered judgment

* Sic, " for " omitted ?

[2d Sess.] Peovince Laws.— 1692-3. 83

against D. E , of F., carpenter, before our justices of our court of ,

holden for or within our said county of S. on the last Tuesday in montli

past, for the sum of pounds shillings and pence, in money,

debt or damage, and pounds shillings and pence for costs

of suit, as to us appears of record, whereof execution remains to be done. We
command you, therefore, that of the goods, chattels or lands of the said D. E.
within your precinct, you cause to be paid and satisfied, at the value thereof in
money, the aforesaid sum of pounds shillings and pence,

with shillings more for this writ, and thereof also to satisfie your self for

your own fees ; and for want of sueli goods, chattels or lands of the said D. E's to
be by him shewn unto you, or found within your pi-ecinct, to satisfie the aforesaid
sums, we command you to take the body of the said D. E. and him commit unto *

the keeper of our goal in B , within the said prison, whom we likewise command
to receive the said D. E. and him safely to keep, until he pay unto the said
A. B. the full sum above mentioned, and be by him released, and also satisfie
your fees. And this writ, with your doings therein, you are to return unto our
said court of , to be holden at B. upon the last Tuesday in

month next. Witness, J. R., Esq., in B., the day of ,

169 , in the year of our reign.

[/. w.-\

William and Mary, &c. To our sheriff or marshal of our county of S., &c., Scire fadae,
greeting : Whereas C. D., before our justices of our court of ,

holden for or within our said county of S., at B , on the last Tuesday of ,

in the year of our reign, by consideration of our said justices, recovered

against A. B., of B., yeoman, pounds, debt or damage, and also

shillings for costs and charges by him about his suit in that behalf expended,
whereof the said C. D. is convict, as to us appears of record, and although the
judgement be thereof rendred, yet the execution of the said debt and costs doth
yet remain to be made, whereof the said C. D. hath supplicated us to provide
remedy for him in that behalf: Now, to the end that justice be done, we command
you, that by honest and lawfull men of your pi-ecinct, you make known to the
said C. D. that he be before our justices of our court of , to be

holden in or for our said county of S., at B., on the last Tuesday of next,

to show cause (if any he have), wherefore the said C. T>. ought not to have his
execution against him of the debt and cost[s] aforesaid. And further, to do and
receive that which our said court shall then consider, and have there then the
names of them by whom to him you make known the same, and this writ. Wit-
ness, J. R., Esq., at B., the day of , in the year of our reign.

[/. TF.]

Suffolk, ss.
To the sheriff or marshal of the said county, or constables of the town of M., Eeplevin.
or to any or either of them : In their majesties' names, you are required to replevin
[one] , of T. P., now distreined or impounded by J. G., and deliver the

said unto the said T. P., provided he give bond to the value of ,

with sufficient suretie or sureties, to prosecute his replevin at the next inferiour
court of pleas to be holden for the said county at B., on the last Tuesday of
, and so from court to court until the cause be ended ; and to pay such
costs and damages as the said J. G. shall by law recover against him. Hereof fail
not, and make true return of this writ, with your doings therein, as the law
directs. Dated in B. the day of , in the year of their

majesties' reign.

William and Mary, &c. To A. B., greeting : Wiit of error.

Whereas in the record and process, and also in giA'ing judgement and issuing
execution of a suit which was before our justices of our inferiour court of pleas,
holden at B., within the county of S., on the Tuesday of last past,

between C. D., plaintiff, and F. G , defendant, of a plea , error manifest

doth appear to have intervened, to the grievous damage of the said F. G., as [o/]
[by] Ills complaint we have received, we willing that error, if any there be in this
behalf, in due manner be corrected, and speedy justice according to the law, to
the party aforesaid, therein be done as it becometh us, command you, that if
judgement be thereon given, and execution issued, that the record and process of
the suit aforesaid, and also the execution thereon issued, and all things touching
the same in any manner, you have before our justices of our superiour court of

84 Province Laws.— 1692-3. [Chap. 3T.]

judicature, at , in our said province, the next, under your seal ;

so that our said justices of our said superiour court may then and there have
them, and the process and record aforesaid, and also the said execution being
inspected, may further therein do what of right ought to be done. Have with you
then this writ. Witness, , at , \_this'] [the] day of ,

in the year of our reign.

William and Mary, &c. To the sheriff of our county of [S.,] greeting :
Whereas C. D., lately in our court of , hath recovered against

F. G., as well pounds debt as his damages, which by occasion of the

detaining of the said debt to him in our said court wei-e adjudged, whereof he is
convict[ed] as by the record and process of the suit aforesaid, before our
justices of the said court fully appears, as from the grievous complaint of

the said F. G. we have received, and that in the record and process, and in
rendring of judgement of the suit aforesaid, error manifest hath intervened to
the grievous damage of the said F. G., and we willing that error therein, if any
be, in due manner be corrected, and to the said F. G. full and speedy justice in
this behalf to be done, have commanded the aforesaid by our writ, that

if judgement therein be given, he distinctly and aptly send the record and process
of the suit aforesaid, with all things touching the same, unto , under his

seal, and that writ, so that may have the _ _ day of

next ensuing, where that the record and process being inspected, we may

cause further therein to be done as of right and according to law ought to be
done. Nevertheless, the record and process aforesaid, with all things touching
the same, before the aforesaid day of into our said [court

ofl cannot conveniently be sent, and so error therein, if any be, in the

mean time, cannot be discussed, and therefore we command you that if before the
receiving of that writ you have not made execution of this judgement aforesaid,
then as well from further taking, arresting, imprisoning, exacting, outlawing, or
in any thing molesting the aforesaid F. G. on the occasion aforesaid, as of taking
in execution any goods or chattels, lands or tenements whatsoever of the said
F. G. by occasion of the judgement aforesaid, until the plea upon our writ of
error to be corrected depending undiscussed be fully determined, you altogether
supersede ; and have with you then and there this writ. Witness, W. S. Esq., at
B., the day of . , in the year of our reign. [Passed Nov.

30 ; published Dec. 9.

" — inasmuch * * * by the Act &c., the precept to the Sheriff for election of Representatives
directs y« freehold" of 40» p' a"", and other inhabitants worth £iO to elect, Altho' the Charter
app'» Inhabitants worth £50 to elect, It hath been thought fit to repeal the said Act by reason
of the variation of y« Charter in this particular."— ie^^e^'/rwra the Privy Council, ut supra.

[Note. — The singular discrepancy, in relation to the qualification of electors, between the
charter as originally engrossed and the duplicate or exemplification thereof sent to the Province,
is fullv pointed out in the note to chapter 4 of the acts of 1G98, p. 363, post. The property qual-
ification of an elector in the charter as first published here, was, clearly, the possession of .£50;
but it may be that this was either printed in London, or copied from one printed there, and that
in framing the above act only the parchment was consulted.

CHAPTER 37.

AN ACT FOR REGULATING FEES.

JBe it enacted atid ordained by the Governour, Council and Repre-
sentatives convened in General Court or Assembly., and it is hereby
enacted and ordained by the authority of the same,

[Sect. 1.] That the establishment of the fees belonging to the sev-
eral offices in this province be as foUoweth :

justice's fees-
For every attachment or summons for actions not exceed-
ing forty shillings, sixpence, £0 05. %d.

Subpoena, each witness, twopence, 0 0 2

Entring the action, three shillings, 0 3 0

[2d Sess.] Province Laws.— 1692-3. 85

Every execution, two shillings, .

Filing papers, each paper twopence, .

Every warrant for criminals, one shilling, .

Bond for appeal, one shilling,

Copy of evidences, the least sixpence.

Copy of a judgment, sixpence, .

Every recognizance, two shillings.

Confessing judgment, one shilling,

Affidavit out of court, [one shilhng,] . . . -

Each daye's attendance at the sessions, to he paid out of
the fines, four shillings, . . . . ' _•

Acknowledging of a deed or mortgage or any other instru-
ment, [two shilhngs,]

£0 2s. Od.

0 0 2

0 10

0 0 6

0 2 0

0 10

0 4 0

0 2 0

0
0

7
5

6
0

0
0

6
4

0
0

CORONEES FEES.

For taking every inquisition, to be paid out of the estate

of the deceased, thirteen shillings and fourpence, • . 0 13 4

If no estate then to be paid by the county treasurer, six

shillings and eightpence, 0 6 8

FEES FOE PROBATE OP WILLS, GRAKTIKG ADMINISTRATIONS, &C.

For granting administration, bond and letter of administra-
tion, imder the seal of the office, if the inventory amount
to thirty pounds or upwards, to the judge, four shillings,
to the register, three shillings sixpence, ....

If the inventory be under thirty pounds, five shilhngs.

Probate of a will where the inventory amounts to thu'ty
pounds or upwards, to the judge, three shilhngs [^cmd]
sixpence ; to the register, two shillings and sixpence,

If under thirty pounds, four shillings, ....

Recording a will or inventory of one page and filing the

same, two shillings and sixpence, - 0 2 6

If more, each page of twenty-eight lines, eight words in a

line, one shilhng, 0 10

For a copy of a will or inventory, twelvepence a page, each

page to contain as aforesaid, . . . . . .010

Allowing accompts, settling and dividing of intestate

estates, five shillings, 0 5 0

Every citation, one shilling, 0 10

Every quietus, four shillings, . . . . . .040

"Warrant for apprizement, two shillings, . . . .020

Making out a commission to receive and examine the
claims of creditors to insolvent estates and registring of
the same, three shillings, . . . . . .030

Registring of the commissioners' report after the rate of
one shilling per page, to be accounted as aforesaid.

For entring an order upon the administrator to pay out the
estate in proportion unto the several creditors returned
by the commissioners, one shilling and sixpence, . .016

SECRETARY'S FEES,

For engi'ossing the acts or laws of the general assembly,

ten shillings each, to be paid out of the publick revenue, 0 10 0

Every commission for the justices of each county, and com-
mission of oyer and tenniner, ten shillings, to be paid out
of the publick revenue, . . . . . • . 0 10 0

Every commission for a military officer, three shilhngs, to

be paid out of the publick revenue, 0 3 0

Province Laws. — 1692-3.

[Chap. 37.]

2s. 6d.

0 2 6

Special warrant or mittimus by order of the governour and
council, each two shilHngs and sixpence, . . . £0

Every commission under the great seal for places of profit,
ten shillings, 0

Every bond, two shillings, . . . . • . .0

Every order of council to the benefit of particular persons,
two shillings and sixi^ence,

Every petition to the governour and council or general
assembly according to the import, from two shillings and
sixpence to ten shillings.

A pass or sea brief, three shillings,

A bill of health, three shillings,

Every writ for electing of assembly-men directed to the
sherifi" or marshal under the j^rovince seal, five shillings,
to be paid out of the publick revenue, ....

For transcribing the acts or laws passed by the general
assembly into a book, twelvepence a page, each page to
contain twenty-eight lines, eight words in a line, and so
proportionably, to be paid out of the publick revenue.

{^Passed Nbvemher 25.

0 5 0

IN THE SUPERIOUR COURT.

THE justices' PEES.

Entry of every action for tryal, twelve shilUngs,

Out of which to the clerk, two shillings, ....

Taking every special bayl, two shillings, ....

Allowing of a writ of error, three shillings,

Allowing a habeas corpus^ two shillings, ....

Confessing judgment, two shillings,

Acknowledging satisfaction of a judgment on record, one

shilling, . . . . . ' ' . . . 0
In all criminal cases where a fine is set, six shilHngs, . 0
Taxing every bill of cost, 1 shilUng, 0

£0 125. Qd.
0 2 0

2
8

2
2

CLEEK S FEES.

Every writ and the seal, one shilling and sixpence, . .016

Every rule of coui't, sixpence, 0 0 6

Filing every declaration, one shilling, . . . .010

To the jury to be paid down by the plaintiff^ six shillings

sixpence, . . . . . . . . .066

Entring appearance, sixpence, 0 0 6

Signing a judgment by default, one shilling, . . .010
Taking every verdict and recording it, one shilling, . .010
Copies of all records, twelvepence a page, each page con-
taining twenty-eight lines, eight words in a line, less
then one page, one shilling, ....
Every action withdrawn [or] nonsuit, one shilling,
Every petition read, one shilling.
Order thereon, one shilhng, ....
Filing the records of each action, twopence a paper,
Every execution, two shillings, ....

In Criminal Cases.
Drawing and ingrossing every indictment or information,

two shillings, 020

Every appearance, sixpence, 0 0 6

0 10
0 10
0 10
0 10
0 3 0
2

[2d Sess.]

Province Laws. — 1692-3.

For the discharge of any person upon bail, for the peace,
good behaviour, contempt and the like, and warrant
thereon, one shilling, . . . . . . . £0 Is. Od.

For awarding and making forth process against the defend-
ant on infonnation, one shilling, 0 10

Every warrant for the peace or good behaviour, one shilling, 0 10

IN THE INFERIOUR COURT.

[the] justices' fees.

Entry of every action, ten shillings, 0 10 0

Of which the clerk is to have two shillings, . . .020
Taking special bail, two shillings, confessing judgment, one

shilling, of which the clerk one-quarter, . . .010

Acknowledging satisfaction of judgment on record, one

shilling, 010

Taxing every bill of cost, one shilling, . . . .010

Whereof sixjoence to the clerk, 0 0 6

To the jury to be paid down by the plaintiff, six shillings

sixpence, . . . . . . . . .066

clerk's fees.
For every writ and seal, one shilling, ....

Entring appearance, sixpence, ......

Entring and recording the verdict, one shilling,

Making up the record, one shilling, .....

Copies of all records, twelvepence each page as before,
Every action withdrawn or nonsuit[ed], one shilHng,
Every execution, two shillings, ......

CLEEK OF THE SESSIONS OR PEACE, HIS FEES.

Entring complaint or indictment, two shillings.

Discharge of a recognizance, one shilling, ....

Making forth process against criminals, one shilling, .

Every summons, threepence, ......

Every warrant for the peace or good behaviour, one shil-
ling, ^

Every licence for houses of publick entertainment or retail-
ing, [Jive] [four] shillings,

Whereof two to the clerk,

sheriff['s], or Marshall's, or constable's fees
For serving every summons for tryal, one shilling.
Every capias or attachment, two shillings,
And if above one mile, threepence per mile besides bayl

bond, one shilling, 0 10

Levying execution, for the first twenty pound or under,
one shilling per pound ; above that, not exceeding forty
pound, sixpence per pound ; above forty pound, not ex-
ceeding one hundred pound, threepence per pound ; for
whatsoever it exceeds one hundred pound, twopence per
pound, besides foui-pence per mile for travel from home.

Every tryal, one shilling, 0 10

Every precept for choosing of representatives, two shilHngs,

to be paid out of the county assessment, . . .020

s.
0

CRYER S FEES.

For calling of the jury, sixpence,
Every nonsuit, twelvepence,
Every verdict, twelvepence,

0 6

1 0
1 0

88 Peovince Laws.— 1692-3. [Chap. 88.]

goaler's pees.

For turning of the key upon every prisoner committed,
five shillings ; viz., commitment, two shillings and six
pence ; discharge, two shillings and sixpence, . . £0 5;?. Od.

For diet for each prisoner, two shillings and sixpence per

week, and so i3roportionabl[y], he finding the same, .026

And be it further enacted by the authority of the same [aforesaid],
[Sect, 2.] That wdiat officer soever shall ask, demand and take,
any greater or other fees than are before mentioned, for the matters
aforesaid, or any of them, and be thereof duly convicted in any court
of record within this province, shall forfeit and pay the sum of ten
pounds cuxTant money ; one moiety whereof to be unto our soveraign
lord and lady the king and queen, their heirs and successors, for and
towards the support of the government of this their province, and the
contingent charges thereof, and the other moiety unto the infonner, or
him that shall sue for the same in any court of record ; wherein no
essoign, protection or wager of law shall be allowed. And shall further
pay unto the party grieved double the value of the excessive fees
so taken, [^Passed to " secretary'' s fees^'' inclusive^ JSfo'oember 25 ;
remainder 2>cbssed December 2 ; published December 9.

[Note. — In the above act as engrossed the sums expressed by words in the table are not
carried out in figures; still, as the columns of figures appear in the printed laws, and as they
were inserted in nearly all subsequent engrossments of similar acts, thej' are here retained
■without the brackets used to denote variations of the printed text from the MS. acts.

CHAPTER 38.

AN ACT FOR ASCERTAINING THE NUMBER AND REGULATING THE HOUSE
OF REPRESENTATIVES.

Whereas their majesties have been graciously pleased by their royal
charter to grant power unto the great and general court or assembly of
their province of the Massachusetts Bay, from time to time to direct,
appoint and declare what number of representatives each county, town
or place shall elect and depute to serve for and represent them respec-
tively in the said assembly, —

De it therefore enacted and ordained by Sis Excellency the Governour,
Council and Representatives^ now in General Court assembled^ atid by
the authority of the same,

[Sect. 1.] That henceforth every town within this province, con-
sisting of the number of forty freeholders and other inhabitants, quali-
fied by charter to elect, shall and hereby are injoyned to choose and
send one freeholder as their rei^resentative ; and every town consisting
of the number of one hundred and twenty freeholders and other inhabi-
tants, quaUfied as aforesaid, or ujDwards, may send two such representa-
tives ; and each town of the number of thirty freeholders and other
inhabitants, qualified as aforesaid, or upwards, under forty, are at liberty
to send [one] or not ; but may choose and send one representative, if
they think fit, to serve for and represent them respectively in every ses-
sion of the great and general court or assembly from time to time.
And all towns under thirty freeholders may send one to represent them,
or joyn with the next town in the choice of their representatives, they
paying a proportionable part of the charge. And no town shall at any
time send more than two representatives, except Boston, who are here-
by granted to choose and send four.

[2d Sess.] Province Laws.— 1692-3. 89

And be it further enacted hy the authority aforesaid,
[Sect. 2.] That when and so often as his excellency the governour
shall see cause to convene and hold a great and general court or assem-
bly, writts shall issue out from the secretary's office, under the seal of
the i^rovince, and signed by the governour, thirty days at least before
the time appointed for such assembly's meeting, directed unto the
sheriffs of the several counties. And where there is no sheriff in any
county or place, there to be directed to the marshall, commanding each
of them respectively to send his precepts to the selectmen of the sev-
eral and respective towns within such county, to assemble and call to-
gether the freeholders and other inhabitants, qualified as aforesaid, to
choose and elect one or more freeholders, as the number in each town
is more or less, as above, to serve for and represent them in such great
and general court or assembly; the major part of the selectmen in each
town resi^ectively to be present at such meeting, and to give directions
for the regular and orderly carrying on of the same ; who are to return
the said precept, with the names of such as shall be chosen by the major
part of the electors ^^resent at such meeting, under their hands unto the
respective sheriffs or marshals, by them to be returned into the secre-
tary's office, one day, at the least, before the time prefixed for the said
court or assemblie's sitting.

And it is further etiacted hy the authority aforesaid,
[Sect. 3.] That the representatives assembled in any great and
general court shall be the sole judges of the elections and qualifications
of their own members ; and may from time to time settle, order and
purge their house, and make such necessary orders for the due regula-
tion thereof as they shall see occasion. And forty representatives at
any time so assembled shall be accounted a number sufficient to consti-
tute a house, pass bills, and to transact and do [any] business projjer to
be done in that house, and such acts to be esteemed valid and of effect.
And [be] it [is'] further enacted by the authority aforesaid,
[Sect. 4.] That each town respectively shall pay unto their several
representatives, during their attendance on the court, and for the neces-
sary time expended in their journeying to and from thence, three shil-
lings in money 2)er diem, within one month next after the end of each,
session, commencing from his excellency's arrival.
And it is further enacted by the authority cforesaid,
[Sect. 5.] That every person chosen to serve for and rej^resent
any town in the general assembly, and accepting thereof, shall give his
constant attendance during their sessions, on pain of forfeiting the sum
of five shillings ^:)er diem for his neglect (without just excuse made and
allowed of by the house of representatives), to be paid unto the clerk
of the said house, and is to be disposed of and imployed as the house
shall direct ; and in default of paj^iient, to be levied by distress upon
such delinquent's goods, by warrant from the said clerk, by order of the
house, directed to the sheriff of the county, his under sheriff" or deputy,
or constable of the town where such representative dwells. And no
representative shall depart or absent himself from the general assembly,
until the same be fully finished, adjourned or prorogued, without the
licence of the speaker and representatives assembled, to be entred upon
record in the clerk's book, on pain, to every one so departing or absent-
ing himself in any other manner, to lose his wages. And the inhab-
itants of such town for which he serves shall be clearly discharged of
the said wages against such person and his executors for ever.
And further it is enacted by the authority aforesaid,
[Sect. 6.] That no member of the general assembly, or his servant,
during the time of their sessions, or going to and fi'om thence, shaU be
arrested, sued, imprisoned, or any ways molested or troubled, or com-

90 Province Laws.— 1692-3. [Chaps. 39, 40.]

pelled to make answer to any suit, bill, plaint or declaration, or other-
wise ; cases of high treason and felony excepted. \_Passed November
30 ; published December 9.

" June 8th, 1692, Post Meridiem. — Several of the principal members of the House of Repre-
sentatives waited upon his Excellency, acquainting him that they had made Choice of M'
William Bond to be the Speaker of their House, whome they now came to present before his
Excellency; And the said Speaker, in behalf of the House, prayed his Excellency that there
might be allowed unto them the accustomed priviledges of an English assembly,' which they
Expected as their due ; namely, that they have the Liberty of a free and open debate of all
matters lying before them, and what they shall properly be concerned in; That they be
admitted to have free access unto his Exce"?, from time to time, as their Shall be occasion;
That no member of the House, nor his Servant attending upon him, during the time of the
sessions, and whitest they shall be going to or returning from the assembly, be any ways
molested, Troubled or arrested, Sued or imprisoned, except in Cases of Felony or High
Treason: All which his Excellency readily consented to be granted them. William Phips."
Records of Governor and Council^ Vol. VI., p. 218.

CHAPTER 39.

AN ACT FOR THE PREVENTING OF DANGER BY THE FRENCH RESIDING
WITHIN THIS PROVINCE.

There having been frequent complaints made to this court, that,
although several French Protestants, who lately fled from persecution,
came over sea into this province and were charitably entertained and
succoured here, yet, since that many of a contrary rehgion and interest
have been brought hither, and others have obtruded themselves, — ^which
(especially in this time of war between the two crowns of England and
France), proves a grievous inconvenience ; and the publick safety is en-
dangered by sufiering such a mixt company among us ; — for remedy
whereof, —

It is enacted and ordained., by the Governour., Council and Represen-
tatives convened in General Assembly., and by the authority of the sa'tne^

That, from and after the second day of January next ensuing, none of
the French nation be pennitted to reside or be in any of the seaport or
frontier towns within this province, but such as shall be licensed by the
governour and council ; nor shall any of said nation open shop, or
exercise any manual trade in any of the towns of this province, with-
out the approbation of the selectmen, first orderly obtained in writing
under their hands, on pain of imprisonment. And any two justices of
the peace, quorum unus, within their respective precincts, are hereby
impowred to commit to prison any person or persons legally convicted
of ofiending against this act, upon the complaint of the selectmen in
any town, or any two of them, and to remain in prison until released
by order of the governour and council. [Passed December 12 ; pub-
lished December 16.

CHAPTER 40.

AN ACT AGAINST CONJURATION, WITCHCRAFT AND DEALING WITH EVIL
AND WICKED SPIRITS.

DisaUowedby FoE more particular direction in the execution of the law against
SrSS* witchcraft,-

1695. De it enacted by the Governour, Council and Mepresentatives in Gen-

eral Court assembled., and by the authority of the same,

[Sect. 1.] That if any person or persons shall use, jDractice, or
■ exercise any invocation or conjuration of any evil and wicked spirit, or

[2d Sess.] Province Laws.— 1692-8. • 91

shall consult, covenant with, entertain, employ, feed or reward any
evil and wicked spirit, to or for any intent or purpose ; or take up any
dead man, woman or child, out of his, her or their grave, or any other
place where the dead body resteth, or the skin, bone or any other part
of any dead person, to be employed or used in any manner of witch-
craft, sorcery, charm or inchantment ; or shall i;se, practice or exercise
any witchcraft, inchantment, charm or sorcery, whereby any person
shall be killed, destroyed, wasted, consumed, pined or lamed in his or
her body, or any j^art thereof; that then every such offender or offend-
ers, their aiders, abetters and counsellors, being of any of the said
offences duly and lawfully convicted and attainted, shall suffer pains of
death, as a felon or felons.

And further, to the intent that all manner of practice, use or exercise
of witchcraft, inchantment, charm or sorcery should be henceforth
utterly avoided, abolished and taken away, —

JSe it enacted hy the authority aforesaid,

[Sect. 2.] That if any person or persons shall take upon hira or
them, by witchcraft, inchantment, charm or sorcery, to tell or declare
in what place any treasure of gold or silver should or might be found
or had in the earth, or other secret places ; or where goods or things
lost or stoln should be found or become ; or to the intent to provoke
any person to vmlawful love ; or whereby any cattel or goods of any
person shall be destroyed, wasted or impaired ; or to hurt or destroy
any person in his or her body, although the same be not effected and
done ; that then all and every such person and persons so offending,
and being thereof lawfully convicted, shall for the said offence suffer
imprisonment by the space of one whole year, without bail or main-
prize ; and once in every quarter of the said year shall in some shire
town stand openly upon the pillory by the space of six hours, and there
shall openly confess his or her error and offence, which said offence
shall be written in capital letters, and placed upon the breast of said
offender. And if any j^erson or persons, being once convicted of the
same offence, and shall again commit the like offence, and being of any
of the said offences the second time lawfully and duly convicted and
attainted as is aforesaid, shall suffer pains of death, as a felon or felons.
\JPassed Decemher 14 ; published December 16.

" — y Act &c., being not found to agree with y« Statute of King James y« First whereby
the Dower is saved to y^ Widow and y<= Inheritance to y* heir of y" party convicted, the same
hath been repealed." — Letter from the Privy Council, ut supra.

CHAPTER 41.

AN ACT FOR REGULATING THE FORMER ASSESSMENT, AND FOR GRANTING
AN ADDITIONAL SUPPLY OF MONEY.

Whereas, by an act of this assembly, made at their first sessions, Ante, chap. 4.
begun the eighth day of June last j)ast, entituled, " An Act for the
Granting unto Their Majesties an Assessment upon Polls and Estates,"
there was granted unto their majesties for the defence of their siibjects
and interests, and for prosecution of the war against the French and
Indian enemy, and the defraying of other publick charges of the prov-
ince, a rate or tax of ten shillings per poll of all male persons of six-
teen years and upwards, and a quarter part of one year's value or
income of all estates real and personal, to be assessed and levied in
manner as in and by the said act is directed ; and forasmuch as it

92 Province Laws.— 1692-3. [Chap. 41.]

appears, that, in prosecution tliereof, the rules therein given have not
been fully understood, or at least not attended, which has occasioned
an inequality, and the sum thereupon returned to fall greatly short of
what was expected, and of answering the necessity of the publick occa-
sions,— therefore, to the intent that there may be a regulation of the
said tax and a further supply made for their majesties' service to the
ends beforementioned, —

J3e it ordained and enacted, hy the Governour, Council and Hepre-
sentatives in General Court asseynhled, and by the authority of the sa'ine,
[Sect. 1.] That there be two commissioners appointed by this
court, for each county within the province, to j^ass into the several
towns lying Avithin such county, at or before the twenty-second day of
February next coming, who, together with the selectmen and commis-
sioner of each town respectively, that made the lists of said assessment,
shall review the same ; which the said selectmen and town commis-
sioner[s3 shall then exhibit and expose, in the particulars thereof, both
of polls and estate within such town, with an addition of all polls and
estate which were before omitted, as well noting the names of all per-
sons whom through age and infirmity they expect should be exempted
from the poll tax as others. And the said selectmen, town and county
commissioners, shall regulate, correct and perfect such lists according
to the rates hereinafter mentioned, setting down the sums both for
heads and estate in distinct columns ; that is to say, each male person
of sixteen years old and upwards (except such as are bylaw excepted),
at ten shillings by the jiioll ; and all houses, warehouses, tan-yards,
orchards, pastures, meadows and lands, mills, cranes and wharffs, to be
estimated at seven years' income, as they are or may be let for in the
respective places where they lye ; which seven years' income is to be
esteemed and reputed the value of such estate upon said tax, and each
hundred pound in value to be rated thirty shillings thereto : cattle to
be valued as follows ; to wit, each ox and horse kind of four years old
or upwards, at forty shilhngs ; each cow of three years old or upwards,
at thirty shillings ; all sheep and swine of one year old or upwards, at
four pound per score ; all shipping, goods, wares, merchandizes and
trading stock and estate by the rule of common estimation at the best
discretion of the assessors ; every handicraftsman, for his income, at dis-
cretion aforesaid ; every male slave of sixteen years old or upwards, at
twenty pounds estate ; all which particulars of estate aforesaid, as
well real as personal, shall be assessed to said tax, thirty shillings for
each hundred pound in value, and so proportionably ; and where any
fermor or occupier of housing or lands lying within any town or pre-
cinct shall be hereafter assessed to any publick tax of the province, for
such housing or lands in his occujDation, the landlord shall -reimburse
the said fermor or occupier such sum and sums of money as he shall
pay for the same, where no particular contract is made to the contrary.
Aiid further it is enacted by the authority aforesaid,
[Sect. 2.] That every person who shall refuse or neglect to render
and give in to the selectmen a particular account of his estate, shall be
assessed as aforesaid at discretion ; and every jjerson who shall give in
a partial account shall be alike assessed doubly for so much as he leaves
out ; and if any person find himself agrieved at any sum or sums that
shall be set upon him by the assessors, he may make application unto
them for relief; and if he be not thereby eased, may further apply unto
the justices of such county at the next quarter sessions, and, making it
appear to them that he is overrated, they shall order an abatement
accordingly.

And it is further enacted hy the authority aforesaid,
[Sect. 3.] That the lists of the respective towns, being examined,
regulated and perfected as aforesaid, and signed by the selectmen and

[2d Sess.] Province Laws.~1692-3. 93

town commissioner, shall he delivered unto the commissioners for such
county, and by them brought to Boston upon the first Wednesday in
March next, where the commissioners for each county, or the major
part of them, then and there met, shall be a committee to take an
account of the sum total of each list ; and if the whole shall not amount
to the sum of thirty thousand pounds (including the sum already re-
turned unto the treasurer, for which his warrants are gone forth), then
the said committee are hereby inipowred to make a further addition
upon each town proportionably to what shall be wanting to make up
thirty thousand pounds in the whole, including as aforesaid. And if it
aj^pear unto the said committee that any town or county shall have
been generally defective in not attending the rules and directions here-
inbefore given for the said tax, then they are to report the same unto
the general assembly at their next sitting, to be rectified and adjusted,
but shall forthwith deliver the said lists, with the additional sums made
to the same, unto the treasurer, who is hereby ordered and impowred
upon receipt thereof to issue forth his warrants, afiixed to said lists and
directed to the constables or collectors for each town respectively, for
the collecting and levying of the same, which is hereby granted to be
paid in money or otherwise to the treasurer's satisfaction, unto the
treasurer, his deputy or deputys : and for manner and time as follows ;
that is to say, —

Ten thousand pounds, part of said sum (besides what the treasurer's
warrants are already out for), at or before the first day of May next ;
and the full remainder of said sum, to make up the thirty thousand
pound as aforesaid, at or before the last day of February, which will
be in the year of our Lord one thousand six hundred ninety -three :
provided, nevertheless, where the treasurer shall order payment to
particular persons within their resjiective towns or neighbourhood, for
wages, or any other disbursements due, in such cases payment to be
made in merchantable grain, provisions or cloathing, each at the cur
rant money i^rice.

And it is further eyiacted hy the authority aforesaid,

[Sect. 4.] That the commissioners for the several covmties, for the
ends within mentioned, be as hereafter named ; that is to say, for Suf-
folk, Captain Penn Townsend and Mr. Timothy Tilestone ; for Essex,
Captain Samuel Gardner and Mr. ISTehemiah Jewet ; for Middlesex,
Major Thomas Henchman and Mr. Matthew Johnson ; for Plimouth,
Captain Nathaniel Thomas and Mr. Samuel Clap ; for Barnstable, Cap-
tain Thomas Tupper and Mr. John Otis ; for Bristol, Captain John
Brown and Mr. Samuel Peck ; for Hampshire, Captain Samuel Partrigg
and Mr. Joseph Hawloy ; for Yorkshire, Mr. John Wheelwright and
Mr. James Emery ; for Martha's Vineyard and Nantucket, Captain
John Gardner and Mr. Joseph Norton. And if any selectmen or asses-
sors, or town commissioner, shall wilfully neglect or refuse to perform
their duty in the due and speedy execution of this present act, and be
thereof convict, upon information and prosecution before the justices in
quarter sessions within the county whereto such person belongs, the
said court may impose iipon such person or persons so refusing or neg-
lecting any fine, not exceeding five pounds for any offence ; the same
to be levied and paid in to the treasurer for the use of their majesties,
towards the support of the government of the province and incident
charges thereof.

And it is further enacted,

[Sect. 5.] That the selectmen and assessors in each towii be, and
hereby are impowred (if they think fit) to nominate and appoint one
or more able and sufficient persons within the bounds and limits of
such town, to be collectors of the money due to their majesties by this
act, for whose paying unto the treasurer, his deputy or deputies, such

94 Province Laws.— 1692-3. [Chap. 41.]

money as they shall be charged withal, the town by whom they are so
imi^loyed shall be answerable.
And it is further enacted.)

[Sect. 6.] That if any constable or collector shall be remiss and
negligent of his duty in not levying and paying unto the treasurer, his
dejDuty or deputies, such sum and suras of money as from time to time
he shall have received, and as ought by him to have been paid within
the resi^ective times set and limited by the warrant or estreat to him
committed, pursuant to the acts of this assembly referring to said tax,
and is not paid, by reason of his failing in doing his duty according to
the directions and command therein, the treasurer is hei-eby impowred,
by warrant imder his hand and seal, after the expiration of the time so
set, to levy all such sum and sums of money by distress and sale of
such defective constable or collector's goods and chattels, returning the
overplus (if any be), and for want of such distress to commit the
offender to the common goal of the county.
£e it further enacted,
Constable's or [Sect. 7.] That if any person or persons shall refuse to pay the
er trdistomr' several sum and sums and proportions, as have been, or shall be further
assessed upon him or them, to pay in pursuance of this or the fonner
act x'elating to said tax or assessment, upon demand made by the con-
stable or collector of the town, place or precinct, according to the pre-
cept or estreats to him delivered, it shall and may be lawful to and
for such constable or collector, who are hereby thereunto authorized
and required for non-payment thereof, to distrein the person or persons
so refusing, by his or their goods or chattels, and the distress or dis-
tresses so taken, to keep by the space of four dayes at the cost and
charges of the owner thereof And if the said owner do not pay the
sum and sums of money so assessed upon him, within the said four
dayes, tlien the said distress or distresses to be apprized by two or
For want of three of the inhabitants where the distress is taken, and to be sold by
distress to com- xh^ gai(j officer for payment of [the'] said money, and the overplus
nu 6 person, ^^j-^-^-^g -^^ ^Y\q said sale (if any be), over and above the charges of
taking and keeping the said distress or distresses, to be immediately
restored to the owner ; and if any person or persons assessed as afore-
said shall refuse or neglect to pay the sum or sums so assessed, by the
space of twenty dayes after demand thereof, where no sufficient dis-
tress can or may be found whereby the same may be levied, in every
such case two or more of the selectmen or assessors in such town are
hereby authorized, by warrant under their hands and seals, to commit
such person or persons to the common goal, there to be kept without
bail or mainprize until payment shall be made.
And it is further enacted.
Provision in [Seot. 8.] That where any person or persons have removed, or

removaF.^'^^*''^ ^ shall remove, from any town or place where he or they lived or had
their residence at the time of making the lists of any tax or assessment,
not having before paid the respective sums or proportion set upon them
by said tax, it shall and may be lawful to and for the constable or
collector, to whom any such tax or assessment is committed with war-
rant to collect, who are hereby authorized and impowred, to demand
the sum or sums assessed upon such person and persons, in what town
or place soever he or they may be found ; and, upon refusal or neglect
to pay the same, to distrein the said person or persons by his or their
goods and chattels as aforesaid ; and, for want of such distress, to
commit the party to the common goal, there to remain until payment
be made.

And for a present supply of moneys to carry on the publick occa-
sions of the government for the ends within mentioned, —

[2d Sess.] Province Laws.— 1692-3. 95

It is further enacted and ordained by the authority aforesaid^

[Sect. 9.] That tlie governour and council may and hereby are im-
powred to borrow and take up upon loan, of any person or persons, any
sum and sums of money, not exceeding five thousand pounds, upon the
credit of this act ; and to make over and give for security unto the
person and persons so lending, the one-third part of the moneys granted
and to be collected by virtue of the same, for the repayment of the
moneys that shall be lent, with interest for forbearance after the rate
of seven per cent per annum, the said interest money to be paid at the
end of every three months until repajinent of the principal.

And whereas much of the arrears of the rates and assessments,
which were granted as a fund for the bills of credit emitted by the late
government of the Massachusetts colony, have been, and are daily
bringing in to their majesties' treasury of this their province, and im-
ployed in pajaiient of the pubHck debts thereof, there being but few of
those bills now standing out, except what were borrowed by the pres-
ent government, —

It is therefore enacted,

[Sect. 10.] That all the said bills, as well those not endors't as Bills of credit
others, shall be received in payment of all taxes or assessments and S^pubUc^pay-
other publick payments whatsoevei*, at five pound per centum advance, ments.
any act or law to the contrary notwithstanding ; and that those that
have lent their bills to the treasury shall have the same allowance of
five pound per centum, for so much as shall be repaid them by dis-
count, bona fide, on their own account, with the treasurer, for rates,
impost or excise. \_Passed December 15 ; published December 16.

" By an Act made the first Session &c., tlie fourtli part of the yearly vallue or income and
tenn shill' upon each Poll was given to their Ma''"', the Assessors did not observe the Act
according to its extent and according to their rcturne the tax fell short of answering the pub-
lique charge ; But I rejected the returns and cause the matter to be regulated, whereby it will
now amount to thirty thousand pounds."— Ze«er/rom Gov. PMps to the Earl of Nottingham,
Feb, 20, 1692-3. And see chapter 4, aiite, also notes, p. 109,post.

CHAPTER 42.

AN ACT FOR THE BETTER SECURING THE LIBERTY OF THE SUBJECT, AND
FOR PREVENTION OF ILLEGAL IMPRISONMENT.

For the speedy relief of all persons imprisoned for criminal or sup- Disallowed by
posed criminal matters in such cases where by law they are bailable, — ^^^^^ AugusT22T

De it enacted by the Governour, Council and Mejpresentatives in Gen- i695.
eral Assembly convened, and it is enacted by the authority of the same,

■ [Sect. 1.] That whensoever any person or persons shall bring any writs of fta6ea»
habeas cor2ms, directed unto any sherifi" or sheriffs, goaler, minister or ^h^fg^^^^s^after
other person whatsoever, for any person in his or their custody, and service'to be
the said writ shall be served upon the said officer, or left at the goal or [^iTody ^^^
prison, Avith any of the underofficers, underkeepers or deputy of the brought if
said officers or keepers, that* the said officer or officers, his or their mUesf &c'.^^
xmderofficers, underkeepers or deputies, shall, — within three dayes after
the service thereof as aforesaid (unless the commitment aforesaid were
for treason or felony, plainly and specially expressed in the warrant of
commitment), upon pajonent or tender of the charges of bringing the
said prisoner, to be ascertained by the judge or court that awarded the
same, and endorsed upon the said writ, not exceeding twelvepence per
mile, and uj^on security given, by his own bond, to pay the charges of

* Sic.

Province Laws. — 1692-3.

[Chap. 42.]

Writs of habeas
corpus and the
proceedings
thereon in va-
cation time.

carrying back the prisoner, if he shall be remanded by the court or
judge to which he shall be brought, according to the true intent of this
present act, and that he will not make any escape by the way, — make
return of such writ ; and bring, or cause to be brought the body of the
party so committed or restrained unto or before the chief justice, or
any other of the justices of the superiour court ; and shall then like-
wise certifie the true causes of his detainer or imprisonment, — unless the
commitment of the said party be in any place beyond the distance of
twenty miles from the place or places where such court or person is or
shall be residing ; and if beyond the distance of twenty miles, and not
above one hundred miles, then within the space of ten days, and if
beyond the distance of one hundred miles, then within the space of
twenty days after such the delivery aforesaid, and not longer.

And, to the intent that no sheriff, goaler or other officer may pretend
ignorance of the import of any such writ, —

JBe it enacted by the authority aforesaid,

[Sect. 2.] That all such writs shall be signed by the person that
awards the same ; and if any person or persons shall be or stand com-
mitted or detained as aforesaid for any crime, — unless for felony or
treason, plainly expressed in the warrant of commitment, — in the vaca-
tion time, and out of term, it shall and may be lawful to and for the
person or persons so committed or detained (other than persons con-
vict or in execution) by legal process, or any one on his or their behalf,
to appeal or complain to one or more of their majesties' justices of the
suj)eriour court ; and the said justice or justices, upon view of the copy
or coj^ies of the warrant or warrants of commitment and detainer, or,
otherwise, upon oath made that such copy or copies were denied to be
given by such person or persons in whose custody the prisoner or pris-
oners is or are detained, are hereby authorized and required, upon re-
quest made in writing by such person or persons, or any on his, her or
their behalf, attested and subscribed by two witnesses who were pres-
ent at the delivery of the same, to award and grant an habeas corpus
under the seal of the said court, to be directed to the officer or officers
in whose custody the party so committed or detained shall be, return-
able immediately before the said court, justice or justices ; and upon
service thereof as aforesaid, the officer or officers, his or their under-
officer or underofficers, underkeeper or underkeepers, or deputy, in
whose custody the party is so committed or detained, shall, within the
times respectively before limited, bring such prisoner or prisoners be-
fore the said justice, before whom tlie said writ is made returnable ;
and, in case of his absence, before any other of them, with the return of
such writ, and tlie true causes of the commitment and detainer; and
thereui^on, within two days after the party shall be brought before the
said court, justice or justices, the said court or justice[s] before whom
the prisoner shall be brought as aforesaid, shall discharge the said pris-
oner from his imprisonment, taking his or their recognizance, with one
or more surety or sureties in any sum, according to their discretions,
having regard to the quality of the prisoner and nature of the offence,
for his or their appearance in the said superiour court the term follow-
ing, or at the next assizes, sessions, or general goal delivery, within or
for such county or place where the commitment was or where the
offence was committed, or in such other court where the said offence is
proj^erly cognizable as the case shall require ; and then shall certifie the
said writ, with the return thereof, and the said recognizance or recog-
nizances, into the said court where such appearance is to be made ;
unless it shall appear unto the said court or justice that the party so
committed is detained upon a legal process, order or warrant out of
some court that hath jurisdiction of criminal matters, or by some
warrant, signed and sealed with the hand and seal of any of the said

[2d Sess.] Province Laws.— 1692-3. 97

justices, or some justice or justices of the jjeace, for such matters or
offences for the which by the law the prisoner is not bailable.

Provided ahcays, and he it enacted.,

[Sect. 3.] That if any person shall have wilfully neglected, by the Persons nog-
space of two whole tei'ms after his imj^risonment, to pray a habeas cor- term^^to^pray a
pus for his enlargement, such person so wilfully neglecting shall not habeas corpus,

-I 77 J.1 1 1 ' 1 ' 1* * f* sniiH iifivG none

have any habeas corpus to be granted m vacation time, m pursuance oi in vacation

this act. aMe'if th"s act

And he it further enacted by the authority aforesaid,

[Sect. 4.] That if any officer or officers, his or their underofficer officers, how to
or underofficers, uiiderkeeper or underkeepers or deputy, shall neg- agaiifst'^fol-'^not
lect or refuse to make the returns aforesaid, or to bring the body or °%'|"S such
bodys of the prisoner or prisoners, according to the command of the
said writ, within the respective times aforesaid, or, upon demand made
by the prisoner or person in his behalf, shall refuse to deliver, or, within
the space of six hours after demand, shall not deliver to the person so
demanding a true copy of the warrant or warrants of commitment and
detainer of such jDnsoner, which he and they are hereby required to
deliver accordingly, all and every the head goalers and keepers of such
prisons, and such other person in whose custody the prisoner shall be
detained, shall for the first offence forfeit to the prisoner or party
grieved the sum of fifty pounds ; and for the second offence the sum of
one hundred pounds ; and shall and is hereby made incaj^able to hold
or execute his said office : the said jicnalties to be recovered by the
prisoner or party grieved, his executors or administrators, against such
offender, his executors or administrators, by any action of debt, suit,
bill, plaint or information in any court of record, wherein no essoign,
protection, priviledge, injunction, wager of law or stay of prosecution,
by no7i vuit idterius prosequi or otherwise, shall be admitted or allowed ;
and any recovery or judgment at the suit of any party grieved shall be
a sufficient conviction for the first offence ; and any after recovery or
judgment, at the suit of a party grieved, for any oftence after the first
judgment, shall be a sufficient conviction to bring the officers or person
within the said penalty for the second offence.

And for the prevention of unjust vexation by reiterated commit-
ments for the same offence, —

Be it enacted by the authority aforesaid,

[Sect. 5.] That no person or persons which shall be delivered or Persons set at
set at large upon any habeas corpus shall, at any time hereafter, be reclm^i\teci'^
again imprisoned or committed for the same offence, by any person or but by order of
l^ersons whatsoever, other than by the legal order and process of such *^°"'^*'
court wherein he or they shall be bound by recognizance to apj^ear, or
other court having jurisdiction of the cause ; and if any other person
or persons shall knowingly, contrary to this act, recommit or imjjrison,
or knowingly procure or cause to be recommitted or imj^risoned, for
the same offence or pretended offence, any person or persons delivered
or set at large as aforesaid, or be knowingly aiding or assisting therein,
then he or they shall forfeit to the prisoner or j^arty grieved the sum of
two hundred pounds, any colourable i^retence or variation in the warrant
or warrants of commitment notwithstanding, to be recovered as aforesaid.

Provided always, and he it further enacted,

[Sect. 6.] That if any person or persons* shall be committed for Persons com-
high treason or felony, plainly and specially expressed in the warrant ^"q^ ftiony^'^"
of commitment, upon his prayer or petition in o\)Qn court, the first shall be indict-
week of the tenii or first day of the sessions of oyer and terminer, term or"iet\o
or general goal delivery, to be brought to his tryal, shall not be in- i>aii.
dieted some time to the next term, sessions of oyer and terminer, or

* Sic, " who " omitted ?

J*.
13

98 Province Laws.— 1692-3. [Chap. 42.]

general goal delivery, after such commitment, it shall and may be law-
ful to and for the justices of the superiour court, and justices of oyer
and tenniner, or general goal delivery, and they are hereby required,
upon motion to them made in open court, the last day of the tenn, ses-
sions, or goal delivery, either by the prisoner or any one in his behalf,
to set at liberty the prisoner, upon bail, unless it appear to the justices,
upon oath made, that the witnesses for the king could not be produced
the same term, sessions, or general goal delivery ; and if any person or
persons, committed as aforesaid, ujion his prayer or petition in ojDen
court, the first week of the term or first day of the sessions of oyer
and terminer and general goal delivery, to be brought to his tryal,
shall not be indicted and tried the second term, sessions of oyer and
terminer, or general goal delivery, after his commitment, or upon his
tryal shall be acquitted, he shall be discharged from his imprisonment :
provided, always, that nothing in this act shall extend to discharge out
of prison any person charged in debt or other action, or with process
in any civil cause ; but that, after he shall be discharged of his impris-
onment for such his criminal offence, he shall be kept in custody
according to the law for such other suit.

Provided always, and he it enacted hy the autJiority aforesaid,
[Sect. 7.] That if any of their majesties' subjects shall be commit-
ted to any prison, or in custody of any officer or officers whatsoever,
for any criminal or supposed criminal matter, that the said person shall
not be removed from the said prison and custody into the custody of
any other officer or officers, unless it be by habeas corjncs or some other
legal writ, or where the prisoner is delivered to the constable or other
inferiour officer, to carry such prisoner to some common goal, or where
any person is sent, by order of any judge of assize or justice of the
peace, to any common workhouse or house of correction, or where the
prisoner is removed from one prison or place to another within the
same county, in order to his or her tryal or discharge, in due course of
law, or in case of sudden fire or infection, or other necessity ; and if
any person or persons shall, after such commitment aforesaid, make out
and sign or countersign any warrant or warrants for such removal
aforesaid contrary to this act, as well he that makes or signs or coun-
tersigns such warrant or warrants, as the officer or officers that obey or
execute the same, shall suffer and incur the pains and forfeitures in this
act before mentioned, both for the first and second offence respectively,
to be recovered in manner aforesaid by the party grieved.

Provided also, and he it further enacted hy the authority aforesaid,
Penalty, &c., TSect. 8.1 That it shall and may be lawful, to and for any iwisoner

for denying an l . -• „ • ^ . '' -\ t , • ^ • .t • i y

habeas corpus, and prisoners as aforesaid, to move and obtain his or their habeas corpus ;
and if the said justices for the time being, or any of them, in or out
of court, upon view of the copy or copies of the warrant or warrants
of commitment or detainer, or upon oath made that such coj^y or cop-
ies were denied as aforesaid, shall deny any writ of haheas corpus by
this act required to be granted, being moved for as aforesaid, they shall
severally forfeit to the prisoner or party grieved the sum of one hun-
dred pounds, to be recovered in manner aforesaid.
Provided always, and he it enacted,
^ffe^es^^^uhin [Sect. 9.] That uo pcrsou or persons shall be sued, impleaded, mo-
what time to be lested or troubled, for any offence against this act, unless the party
made. offending be sued or impleaded for the same within two years at the

most after such time wherein the offence shall be committed, in case
the party grieved shall not be then in jn-ison ; and if he shall be in
prison, then within the space of two years after the decease of the
person imprisoned, or his or her delivery out of prison, which shall
first happen.

[2d Sess.] Province Laws.— 1692-3. 99

And to the intent no person may avoid his tryal at the assizes or
general goal delivery, by procuring his removal before the assizes at
such time as he cannot be brought back to receive his tryal there, —

JBe it enacted^

[Sect. 10.] That, after the assizes proclaimed for or within that
county where the prisoner is detained, no person shall be removed
from the common goal upon any habeas corpus granted in ])ursuance
of this act, but upon any such habeas corpus shall be brought before
the justices of assize in open court, who are thereupon to do Avhat to
justice shall appertain : provided^ nevertheless^ that after the assizes arc
ended any person or persons \_detained'\ may have his or her habeas
corpus according to the direction and intention of this act.

And be it also enacted by the authority aforesaid,

[Sect. 11.] That, if any infoiiuation, suit or action shall be brought
or exhibited against any person or persons for any offence committed
or to be committed against the form of this law, it shall be lawful for
such defendants to plead the general issue, — that they are not guilty, or
that they owe nothing, — and to give such special matter in evidence to
the jury that shall try the same ; which matter, being pleaded, had
been good and sufficient matter in law to have discharged the said
defendant or defendants against the said information, suit or action ;
and the said matter shall be then as available to him or them, to all
intents and purposes, as if he or they had sufficiently pleaded, set forth
or alledged the said matter in bar or discharge of such information, suit
or action. [_Passed December 14; pxdjlished December 16.

" — whereas by y« Act &c., the writt of Haheas Corpits is required to be granted in like
manner as is appointed by the Statute 31, Car. II. in England, which priviledge has not as .yet
been granted in any of His Ma'^^ Plantations, It was not thought fitt in His Maj'J' absence that
the said Act should be continued in force and therefore the same hath been repealed." — Letter
from the Privy Council, ut supra.

CHAPTER 43.

AN ACT FOR THE REVIVING OF AN ACT FOR CONTINUING OF THE LOCAL
LAWS; AND ONE OTHER ACT FOR SENDING OF SOULDIERS TO THE RELIEF
OF THE NEIGHBOURING PROVINCES AND COLONIES.

Whereas, at the session of this court in June last past, an act was Disallowed by
made, entituled " An Act for continuing the local laws, to stand in force the privy couu-
till November the tenth, one thousand six hundred ninety and two," 1095.— sle also
which act is near expired ; and forasmuch as provision in many cases is ^^^^- ^' ""'^•
not yet made, —

De it therefore ordained by the Governour, Council and Representa-
tives in General Court assembled, and by the authority of the same,

[Sect. 1.] That the said act and every part of it be and herc])y is 33 Maine, 398.
revived and continued in full force, to all intents and purposes, from ? Cush. 70, 77.
and after the said tenth day of November, and shall so continue until
the general assembly shall take further order.

And tchereas, at the aforesaid session, one other act was made, enti-
tuled "An Act for transporting of part of the militia of the province, or Ante, chap. 8.
obliging them to march to the relief of the neighbouring provinces or
colonics," which act is also near exj^ired ; and forasmuch as in this time
of war there may happen frequent occasions for relief to be given unto
the neighbouring provinces, —

It is therefore further enacted by the authority aforesaid,

[Sect. 2.] That the said act and every part of it be and hereby is
revived and continued in full force, to all intents and purj)oses, from

100 Province Laws.— 1692-3. [Chaps. 44, 45.]

and after tlie expiration of the six months in said act mentioned, and
shall so continue unto the first day of the sessions of this court, wliich
shall be in May next, and no longer. [^I^assed JVbvember 9.

" Whereas by the Act for continuing the locall laws to the 10th of Nov' 1692, and another
Act reviving and continuing the said Act, the Laws made by the late Governor and Company
of y Colony of Massachusetts Bay and j'= late Government of New Plymouth are continued in
force untill y' Generall Assembly shall take further order therein. It hath been thought fit to
repeal both the said Acts. It being judged necessary that in any new Law to be enacted for
the said purpose the Laws to be continued be therein expressed & particularly specified." —
Letter from the. Pi'ivy Council, ut supra.

CHAPTER 44.

AN ACT FOR GRANTING AN ALLOWANCE UNTO THE MEMBERS OF THE
COUNCIL FOR THEIR NECESSARY CHARGES AND EXPENSES, DURING THE
SESSIONS OF THE GENERAL ASSEMBLY.

Wee, the Representatives of the great and general court or assem-
bly of their majesties' province of the Massachusetts Bay, being sensible
of the charges and expences of the Honourable Council in attendance at
the general assembly, they maintaining their own table, doe freely
grant unto each member of the Council five shillings in money, per diem,
during the time they have or shall attend att the said general court or
assembly, including the time of their necessary journying to and from
thence, to be paid oixt of the publick treasury ; and pray that it may be,
and it is Tierehy ordered and enacted.^ that the same be accordingly paid
them. \_Pa8sed December 7.

CHAPTER 45.

AN ACT FOR ENABLING THE JUSTICES OF THE SUPERIOUR COURT TO
HOLD A COURT OF ASSIZE AND GENERAL GOAL DELIVERY WITHIN THE
COUNTY OF ESSEX UPON TUESDAY, THE THIRD OF JANUARY NEXT.

Upon consideration that many persons charged capital offenders are

now is custody within the county of Essex, and the time prefixed by

Ante, chap. 33 the act of the general assembly entituled "An Act for the establishing of

judicatories and courts of justice within this province," for the sitting of

the superiour court and goal delivery within that county being past, —

It is enacted hy the Governour, Council and Representatives convened
in General Court, and hy the authority of the same,

That, for the speedy delivery of the goals, the justices of the superiour
court, pro hac vice, do hold and keep a court of assize and general goal
delivery witliin the said county of Essex, upon Tuesday, the third day
of January next, anything in said act to the contrary notwithstanding.
[Passed December 16.

[3d Sess.] Province Laws.— 1692-3. 101

ACTS

Passed at the Session begun and held at Boston,
ON the Eighth day of February, A.D. 1692-3.

CHAPTER 46.

AN ACT FOR THE EXPLAINING AND ALTERING OF SOME CLAUSES AND
SENTENCES, AND THE REPEALING OF SOME OTHERS, CONTAINED IN
SEVERAL ACTS MADE AND PASSED AT THE SECOND SESSION OF THIS
COURT IN OCTOBER LAST, 1692.

jBe it enacted by the Governour^ Council mid Representatives in Gen-
eral Court assemhled^ and it is enacted and declared by the authority of
the same,

That whereas, in the act entituled " An Act for the Setling and Ante, chap. 14.
Distribution of the Estates of Intestates," amongst other things thereby
enacted and provided, there is a saving to the party agrieved at any
order, sentence or decree, made for the settlement and distribution of
any intestate estate, their right of ajDpeal vmto the governour and
council, —

It is noio declared and enacted,

[Sect. 1.] That such right of appeal shall, to all intents and pur-
poses, extend and be taken and constnied to extend as well to any
other order, sentence, decree or denyal that shall at any time be made
and given by the judge of probate, referring to the approbation and
allowance of any will, grant of administration or other matter, anything
in said act to the contrary notwithstanding.

And further it is enacted and declared,

[Sect. 2.] That the judge of probate in each county, respectively,
when and so often as there shall be occasion, be and hereby is impowred
to allow of guardians that shall be chosen by minors of fourteen years
of age, and to ajDjioint guardians for such as shall be within that age,
taking sufficient security of all such guardians, for the faithful discharge
of their trust according to law, and to accompt either to the judge or
minor, Avhen such minor shall arrive at full age, or at such other time
as the judge ujion complaint to him made shall see cause.

And whereas, in one other act entituled, " An Act for Affirming of Ante, chap. 24.
former Judgments and Providing for Executions," amongst other things
thereby enacted, it is provided that appeals then depending, having not
been heard, shall be heai'd and trycd at the first superiour court, —

It is hereby explained and declared,

[Sect. 3.] To be understood and intended, and shall be construed
to intend the first superiour court to sit within or for that county
where the action was originally and first tryed.

And for further explanation and an addition to the section or para-
graph, of said last mentioned act, wherein provision is made that a scire
facias do issue forth upon any judgment passed in any county court or
court of commissioners, —

102

Province Laws. — 1692-3.

[Chap. 46.]

Ante, chap,
p. 83.

Jt is hereby declared^

[Sect. 4.] To extend, and shall bo construed and taken to extend
as well to any judgment passed in any court of assistants, superiour oi
inferiour court, at any time whatsoever, where execution has not been
taken out or not levied for satisfying of the same, such writt of scire
facias to be granted out of the clerk's office of the superiour or inferiour
court respectively to be held within or for the same county where such
judgment was given.
36, And lohereas, l)y the president or form for an execution, the officer is
commanded, for want of goods, chattels or lands of the debtor to be by
him shewn or found within the precinct, to take the body of such
debtor and commit him to prison, —

It is herebij exj^lained, enacted a^id declared hy the authority aforesaid,

[Sect. 5.] That where judgment is granted for money or any par-
ticular specie, the creditor shall not be compelled to take any other
specie ; but, in every such case, for want thereof, the officer shall take
the body of the debter in execution and imprison him, unless such
creditor shall be content to receive his satisfaction in such other estate
as may be tendred or found. And these words, " to the acceptance of
the said A. B.," shall be supplied and inserted in the writ of execution
to folloAV next the word " precinct."

And be it further enacted and declared by the authority aforesaid,

[Sect. 6.] That, as well original as judicial writts, issuing out of the
clerk's office of the iuferiour courts of judicature respectively, shall run
into any county within this province, and be there executed by the
officer or officers of such county to whom they are directed.

And be it further enacted and declaimed,

[Sect. 7.] That the clause in the act, entituled " An Act for the
Regulating and Encouragement of Fishery," that henceforth no mack-
eril shall be caught (except for spending whilst fresh), before the first
of July annually, be and hereby is fully repealed and made void,
anything therein to the contrary notwithstanding.

And ^vJicreas, by one other act, entituled "An Act for the Settlement
and Support of IMinisters and Schoolmasters," amongst other things
therein enacted, it is ordained that every minister, being a person of
good conversation, able, learned and orthodox, that shall be chosen by
3 Mass. 280. ^^^^ major part of the inhabitants in any town, at a town-meeting duly
warned for that purj^ose, notice thereof being given to the inhabitants
fifteen days before the time for such meeting, shall be the minister of
such town ; and the whole town shall be obliged to pay towards his
settlement and maintainance, each man his several prc»3ortion thereof;
upon further consideration of the said section or paragraph in said act,
and the impracticableness of the method therein proj^osed for the
choice of a minister, in divers towns Avherein there are more churches
than one, and inconveniences attending the same not so well before
seen, —

It is enacted and declared,

[Sect. 8.] That the before recited section or paragrajih, and all and
every the clauses therein contained, shall from henceforth be re})ealcd
and revoked, and are hereby repealed and utterly made void forever,
anything in the said act to the contrary notwitlistanding.

And it is further declared and ordained that the paragraphs ana
sections hereafter follotcmg be enacted, and by the authority aforesaid
are enacted in addition to the remaining part of said act relating to
ministers ; —

[Sect. 9.] That is to say, that each respective gathered church in
any town or place within this province, that at any time shall be in
want of a minister, such church shall have power, according to the
directions given in the word of God, to choose their own minister.

Ante, chap.

§2.

Ante, chap.

§4.

32,

26,

[3d Sess.] Province Laws.— 1692-3. 103

And the major part of such inhabitants as do there usually attend on
the publick worship of God, and are by law duly qualified for voting in
town aflairs, concurring with the churche's act, the person thus elected
and approved, accepting thereof and settling with them, shall be the
minister ; towards whose settlement and maintainance all the inhabi-
tants, and rateable estates lying within such town, or part of a town, or
place limited by law for upholding the publick worship of God, shall be
obliged to pay in proportion : provided^ that nothing herein contained
is intended or shall be construed to extend to abridge the inhabitants
of Boston of their accustomed way and practice as to the choice and
maintainance of their ministers.

Be it further enacted^

[Sect. 10.] That in such towns or places where there is no church
gathered, the rateable inhabitants of such town or place, at a meeting duly
warned for that purpose (notice thereof being given fifteen days before
the time of such meeting), by the major vote of such assembly then and
there met, with the advice of three neighbouring ordained ministers,
shall choose and call an orthodox, learned and pious person to dispense
the word of God unto them, to the settlement and maintainance of
Avhich minister all rateable estates and inhabitants within such town or
place shall be assessed and pay proportionably.

A7id it is further enacted by the authority aforesaid,

[Sect. 11.] That where any town or place shall be negligent of
their duty by law required respecting the maintainance of the ministry,
the court of quarter sessions of the peace within the same county, upon
complaint to them made, are impowred and required efiectually to pro-
vide for remedy thereof, and, by warrant from said court, to convent
before them the selectmen or others sj^ecially api^ointed by the inhab-
itants of such town or place to take care in that matter (having accepted
such betrustment), and, upon conviction of neglect therein, to impose a
fine upon the delinquents not exceeding forty shillings each person for
the first offence ; and upon a second conviction of such neglect to impose
a fine of four ponnds upon each person ; and the like sum of four jjounds
for every after conviction ; such fines to be levied by distress and sale
of the offender's goods (returning the overplus if any be), and to be
disposed of to the use of the poor of the same town or place by the
selectmen or overseers of the poor. \_Passed February 17, 1692-3.

CHAPTER 47

AN ACT FOR THE REVIVING AND CONTINUING OF THE DUTIES UPON
GOODS, IMPOST, EXCISE AND TUNNAGE OF SHIPING, AND THE ACT FOR
GRANTING OF THE SAME.

Whereas, at the first sessions of this court, begun in June last past,
by an act then made entituled, "An Act for Impost, Excise, and Ante, chap. 5.
Tonnage of Shipping," there was granted unto their most excellent
majesties, their heirs and successors, to the ends and intents in the said
act mentioned, several duties, impost and excise, on the wines, liquors
and goods therein enumerated, which act was to continue and remain
in force for the term and space of one whole year, and no longer, which
said year will expire and be ended upon the twenty-ninth day of June,
one thousand six hundred ninety and three ; upon consideration of the
continued and growing charges for the management of the war and
necessary support of the government of the province, and for and
towards the defreyiug thereof, —

104 Province Laws.— 1692-3. [Chap. 48.]

It is enacted and declared hy the Governour, Council and Represen-
tatives in General Court assembled, and by the authority of the same,

[Sect. 1.] That the several duties, impost, excise and tonnage in
the said act mentioned, and in one other additional act for impost and
excise, made at the second session of this court, be and hereby are con-
tinued and further granted unto their majesties, to the ends and intent
aforesaid, from and after the twenty-ninth day of June next coming,
unto the twenty-ninth day of June which will be in the year of our
Lord God, one thousand six hundred ninety and four, and no longer,
to be collected and paid in manner as by said act is directed. And the
before said act, entituled, " An Act for Lnpost, Excise and Tonage of
Shipping," and all and every the branches, articles, clauses and parts
thereof, with the additions thereto, are hereby revived and continued,
to abide and remain in full force and virtue unto the aforesaid twenty-
ninth day of June, one thousand six hundred ninety and four, and not
afterwards, anything herein contained to the contrary notwithstanding.

And it is further enacted and declared by the authority aforesaid,

[Sect. 2.] That the governour and council be and hereby are fully
impowred to assign and make over all the profits and revenue arising
thereby, as security to such jierson or persons who shall advance and
pay down any considerable sum or sums of money for a present supjDly
of the 23ublick occasions, for their being rejiaid the same with the allow-
ance of seven per cent per annum interest : provided, there be not an
exceeding, in the former grant and this, the sum of five thousand pounds
upon the interest therein exprest : saving, notiaithstanding, to all per-
sons that formerly lent their bills of credit for supply of the occasions
of this government, their discounts by a note from the treasurer for all
sums which they shall have to pay by virtue of this act, being bona
fide for their own account, according to the proviso in the act for
making the former bills of credit to pass currant, or by consignments,
to be made appear by bills of lading, said discounts to be reckoned and
outset in part payment of said loan. \JPassed February 18, 1692-3.

CHAPTER 48.

AN ACT FOR THE REGISTRING OF BIRTHS AND DEATHS.

For preventing of great uncertainty and inconvenience that may
happen for want of a particular register of births and deaths, —

Be it enacted by the Governour, Council and Representatives in Geiv-
eral Court assembled, and by the authority of the same,
10 Allen, 164. That every town clerk within this province shall be and is hereby
impowred and required to take an account of all jDcrsons that shall be
born, or shall dye, within each town, respectively, and the precincts
thereof, and fairly to i-egister in a book their names and surnames, as
also the names and surnames of their parents, with the time of their
birth and death. And the clerk shall demand and receive the fee of
threepence, and no more, for each birth or death by him so registred,
to be paid by the parents or others nextly related to or concerned with
the party born or dying. And if any shall refuse or neglect to give
notice to the town clerk of the birth or death of any person that they
are so related to or concerned for, or to pay for registring as above-
said by the space of thirty days next after such birth or death, every
person so refusing or neglecting, and being (upon the complaint of any
town clerk) thereof convicted before a justice of the peace within the

[3d Sess.] Province Laws. — 1692-3. 105

same county, shall forfeit and pay unto such clerk the sum of five shil-
lino-s, to be levied by distress and sale of the ofiender's goods by war-
rant from such justice, if payment thereof be not made withm four
days next after conviction as aforesaid. And every town clerk shall
give forth from the registry a foir certificate, under his hand, of persons
born or dying in the town, to any who shall desire the same ; and he
shall receive' sixpence and no more for every certificate so given.
[Passed Fehnianj 17, 1692-8.

106 Province Laws.— 1692-3. [Chap. 49.]

ACTS

Passed at the Session begun and held at Boston,
ON the Second day of March, A.D. 1692-3.

CHAPTEK 49.

AN ACT FOR THE PROPORTIONING AND SETLlNG OF THE TAX OR ASSESS-
MENT OF THIRTY THOUSAND POUNDS GRANTED UNTO THEIR MAJES-
TIES.

Whereas the commissioners of the respective comities, in pursuance
See chapters 4 of the act entitulecl "An Act for regulating the former Assessment
andu, ante. ^^^^^ f^^. granting an additional supply of Money," made at the second
sessions of this court, have met in Boston, as a committee, and taken an
account of the sum total of the lists laid before them of each town
respectively, and made a further addition to the several sums of each
list, as near as they judged proportionably (including the sum already
returned unto the treasurer, for which his warrants are gone forth),
towards making np the sum of thirty thousand pounds granted upon
the whole province ; upon consideration had of the return made by the
said committee, —

Tt is declared and enacted by the Govemour., Council and JRepresen-
tatives in General Cotirt assembled, and by the authority of the same,

[Sect, 1.] That the additions made by the said committee, as well
on jjolls as estates, according to their report, be and hereby are approved
of and accepted as a regulation of said assessment in compliance with
said act, and that the treasurer forthwith issue out his warrants,
together with the said lists returned from the several towns, to the con-
stables or collectors appointed within the respective towns, to collect
and pay in the siim in each list respectively mentioned, by the first day
of May next, as by the act is directed; and for- such towns and i)laces
as have omitted to return the list of their assessments, the treasurer is
impowred to send his Avarrants to the selectmen and town commis-
sioner, to assess the polls and estates, Avithin said town or place, the sum
proposed by the said committee for said toAvn's proportion of said tax,
in manner and according to the rules set doAvn in the act for regulation
of the same and in this j^resent act, saA^ing a liberty to such toAvns, only,
to apply to the general assembly, at their next sessions, for an ease and
abatement of the sum proposed by the committee and set upon said
toAvns respectively, they returning a true list in the mean time and
making it api)car that they have l^een overdone.

And it is further enacted by the authority aforesaid,

[Sect. 2.] That the treasurer do likcAvise send out his Avarrant to
the selectmen and town commissioner of each town, respectively, Avithin
the proAnnce, fortliAvith to assess and proportion the additional sum
returned by the aforesaid committee to compleat the said tax remaining
to such toAvn, after subduction of the respective sums of both the lists
of said toAvn, — as Avell that formerly returned for the first part of said tax

[4th Sess.] Province Laws.— 1692-3. 107

as their present list, — the said remainder to be assessed upon the estate
lying within such town, according to the rules prescribed by the before
recited act, only taking in such polls as formerly were omitted (polls to
be assessed but at twenty shillings per poll upon the whole tax) ; and
the lists so made to return unto the treasurer at or before the last day
of May next, who is hereby impowred, upon receipt thereof, to grant
forth his warrants, as aforesaid, for collecting and paying in the same to
their majesties' treasury of this their province, by the first day of Feb-
ruary next ensuing, in the year one thousand six hundred ninety and
three.

Provided, nevertheless, and it is further enacted and declared hy the
authority aforesaid,

[Sect, s!] That neither the rules and directions for the making the
said tax and assessment prescribed by this present act, or any former
act in any wise relating to said assessment, nor any of them, nor the
proportioning of the said tax or assessment upon the several towns,
shall hereafter be drawn into jDresident or example as a rule or propor-
tion for the future raising of money, but is, from necessity, consented
unto for this time only and no other, anything in this or any other act
contained, or to be from thence drawn or implyed to intend the con-
trary in any wise notwithstanding. \_Passed March 17, 1692-3.

Notes. " — not being versed in law, I have depended upon the Lieut. Gov who is appointed
Judge of y" Courts, to see that they be exactly agreeable to the lawes of England, and not
repugnant in any part : if there be any error I know it will not escape your observacon and
desire a check may bee given for what maybe amisse." — Letter from Gov. PhijJS to the Earl of
Nottingham, Feb.'20, 1692-3.

Chap. 11. This act being analogous to the Declaration of Rights in the Constitution of this
Commonwealth has been divided into articles and numbered, in conformit}' to the method there
adopted.

" Two laws not only mark the spirit of the people but were probably the cause of the most
lasting consequences: —

[Chap. 14.] That for the distribution of intestate estates gave the same equal payment to all
[the intestate's] creditors and the same equal share to all his children except the elder's right
to a double share.

[ Chap. 29.] That subjecting the land of the deceased to the payment of everj' debt, while
the equit}' of its provisions did honor to the province, evinced a very dissimilar spirit from that
of the colonies of the south. To these salutar}' regulations much of the populousness and of
the commerce of the Massachusetts is owing." — Chalmers', unpullished, MS. continuation of
his Polit. Annals, in library of Mass. Historical Society.

Chap. 14. "DocenT 10, 1723. In Council; Upon a Question moved upon the Law of this
Province made in the fourth Year of King William & Queen Mary Entituled An Act for the
Settlement & Distribution of the estates of Intestates, "Whether such Estates as are or may be
entailed by an Entail General; Viz., To the Heirs of the Bodjr lawfully begotten, — are, by
Vertue of the Said Law, Subject to the Same Division or Distribution, as estates in Fee Simple
Intestate, & ouglit accordingly to descend to& be Divided among all the Children of the Tenant
In Tail, Saving only to the Eldest Son a double Portion ? Resolved in the Negative. In the
House of Represent'" Read, & Resolved that the Resolving of this Question will not be of any
Service to the Pro-vance." — Records of the Govei-nor and Council, vol. XII., j}- 101.

Chap. 22. "June 22nd, 1704. The following resolves were drawn up and passed : —

Whereas a doubt or question hath been moved upon the first paragraph of the Act for the
better observation of the Lord's Day; viz., —

Whether the penalty therein expressed extends to both parts of the s'' paragraph ?

Resolved that the said penalty or fine of five shillings extends to both parts of the said para-
graph and is so to be understood, and, —

Further, Resolved that by the power of restraint given by the latter paragraph of the said Act,
such restraint is intended and to be understood of imprisonment not exceeding the space of
twelve hours, by sitting in the Cage or Stocks not exceeding three hours, upon any that shall
presumptuously and obstinately offend in anj' of the particulars or articles therein enumerated
contrary' to any admonition given by any justice of the peace, constable, tything man or other
officer.

Which resolves being sent down to the Representatives was returned with the concurrence of
that House thereon. Consented to: J.DUDLEY."

—Ibid., vol. VIII., p. 62.

Chap. 28. Sect. 4. " Dec. 2, 1720. A Question being moved upon the Paragraph which
relates to the Qualifications of Voters in Town Meetings in the Act for Regulating of Townships
& Choice of Town Officers made & Pass'd in the fourth Year of the Reign of King William the

108 Province Laws.— 1692-3. [Notes.]

third; Viz., Whether the Words [Eateable at Twenty Pounds Estate to one single Rate besides
the Poll] are to be understood as the Qualification of Free-holders, as well as other Inhabitants
of Towns &c?

In Council ; Dec 1, 1720 ; Resolved in the Affirmative, And that the Law ought so to be Under-
stood : — In the House of Representatives ; Read & Concur'd : — Consented to : Samll Shute."
—Ibid., vol. XL, p. 88.

" June 5, 1725. In the House of Represent'" For as much as many Towns within this
Province have variously construed these Words [The Major Vote of such Assembly] iu the Act
entituled An Act for "Regulating Townships Choice of Town Officers & Setting forth their
Power Made and Pass'd iu the fourth Year of King William & "Queen Mary whereby some
Difficulties may arise as to the Determination of a Vote for the Choice of a Town Officer; For
Prevention Avhereof; The following Question was put; Viz, Whether by the said Word, in
Voting for a Town Officer (The Major Vote of such Assemblj') ought to be understood the
Majority of the Voters present & Voting in such Choice ? Resolved in the Affirmative & that the
said Law ought so to be understood. In Council; Read & Non Concur'd." — I bid., vol. XII., p. 333.

Sect. 6. " June 13"» 1706. The Vote drawn up yesterday for Acceptance & Confirming of
the Vote of the Town of Boston, That One Tliousand Pounds be forthwith raised for the Repair
of the Fortifications in & about the said Town, & sent to the Representatives to be pass'd bj-
that House, was Returned with a written Message from that House, that they are of Opinion,
that the Law well provides that any Town may, with his Excellencies Approbation, raise & lay
out any Sum or Sums of ]\Ioney for their own Fortification & Defence, without any further
Allowance, or Sanction from this Court : &

The Draught made yesterday being again Read was unanimously Voted by the Council &
sent down for Concurrence being in the Words following ; Viz, Whereas the Town of Boston at
their Meeting this Day being sensible of the great & imminent Danger the said Town is at
Present in — ,W'''' is the Head of the Province for Trade & Navigation — , and the Despair her
Majesties Fortifications are fallen into, have Agreed and Voted that One Thous'^ Pounds be
forthwith raised for that Service ;

Resolved that the said Vote & Grant — be gratefully accepted and Confirmed, And it is hereby
desired & Directed, that the said Sum of One Thousand Pounds be forthwith levied, collected &
employed according to the said Grant ; And His Excellency is earnestly Requested to Order the
said Works to be speedily proceeded in to Efiect: — W*^"" Resolve was Agreed to by the House of
Representatives: Consented to: J.DUDLEY."

—lUd., vol. VIII., pp. 212-13.

^'■August Ihtli, 1707. Upon a Question moved by the Assessors of the town of Boston upon
the sixth Paragraph in the Law for Regulating of Townships Referring to County & Town
Assessm'% Whether it do equally refer to both or not?

Resolved by both Houses That the said Paragraph doth equally refer to County & Town
Assessments both for Persons & Estates, And that the Tenants or Occupants of Housing &
Land, & no other are to be assessed for the same, as the Law directs for Province Taxes under
the like Provision betwixt Landlords & Tenants. J. DUDLEY."

—Ibid., pp. 327-8.

On the second of December following the above date, the foregoing questions were again
presented, when the above resolves were affirmed by the Council, which declared that, " the
Assessors ought to have observed the same as to Town Rates; and that Boston be restored to
the General Rule throughout the Province." This vote was concurred in by the Representa-
tives, and consented to by Gov. Dudley. — Ibid., p. 357.

Chap. 33. " Decembi^ 7"" 1692. Justices were nominated and appointed for the holding of
the Superiour Court of Judicature and for the Inferiour Court of Pleas within the Several &
respective Conntj-s." — Ibid., vol. VI., p. 249.

Chap. 38. Sect. 6. " June 20, 1727. In the House of Represent'^Mhe following question
•was put upon the last clause or enacting paragraph of the Act entitled an Act for Ascertaining
the Number and regulating the House of Represent"^ made in the fourth year of the reign of
the late King William and Queen Mary : Whether by the said clause or paragraph the Door-
keeper of this Court and Messenger of the House of Represent"' during the time of the sitting
of the Court is freed and exempted from any arrest, suit, imprisonment or being any ways mo-
lested, &c, as any member of the General Assombl3''s servant is during the time of their session ?
Resolved in the affirmative, and that the Law ought so to be understood. In Council ; Read
and concurred :— Consented to: W^ DUMMER."

—Ibid., vol. XIII., p. 346.

Chap. 42. " The act for securing the liberty of the subjects was dissented to for this memo-
rable reason; that the benefit of a writ of habeas corjms was a privilege which had not yet been
granted to any of the plantations. It is difficult to decide whether the conduct of the assembly or
the council was most faulty : the former hy making an act where none was necessary, and bring-
ing into doubt the most invaluable of all privileges. It should have reasoned, ' The people of
Massachusetts are English subjects; therefore are entitled to personal freedom. When a statute
gave a si^ccific remedy the conimon law -adopted it as part of itself and transferred it to the most
distant territories of England.' How astonishing is it that some of the most renowned states-
men and lawyers and Whigs in the English annals should have supposed, what their reasonings
would affirm," that an Englishman is entitled to personal liberty from the grant of the king!—
never reflecting that the colonists were English, who derived their privileges from the same
charter which upheld the throne on which William sat." — Chalmers' MS., ut sujira.

Chap. 46. Sect. 9. " April 16, 1735. In the House of Represent'" A question arising upon
a paragraph of an act pass'd in the fourth and fifth years of the reign of King William and
Queen Mary Chap. 21"* Whether by the power declared to be in a gathered church in any

* So numbered in the edition of 1726.

[4th Sess.] Province Laws.— 1692-3. 109

town or place within this Province to chuse a minister be intended that such persons as are or
have been taken into communion with such church altho they dwell without the bounds of the
town, place or precinct where the church be authorized or supposed to have power to vote or apt
in inviting, callinp, settling or separating from the minister of such church: — It was resolved in
the negative and declared that no person in communion Avith any church and dwelling without
the limits of the town or precinct to which such church belongs, and by which town or precinct
cannot be rated or taxed for the support of Iheir minister, hath, nor ever had nor ought to have
any vote or power of acting in inviting, calling, supporting, continuing, or separating from such
minister, or any other aflair that may atiect the interest or charge of any town or precinct.

In Council; Read and concur'd: — Consented to: J. BELCHER."

— Council Records, vol. XVI., p. 125.

Chapters 10, 44 and 45, were never printed with the laws of tlie Province. Besides the acts
here printed only three others were passed this year; and these were passed at the fourth session,
under the following titles; viz., —

" An act for ordering the sum of tive hundred pounds unto His Excellency, the Governor, for
his service and expence since his arrival." [Apj^roved by the Governor Mar. 7, 1692-3.

" An act for granting unto Jane Hind, widow, a void piece of ground belonging unto the
estate of her son, deceased." [Approved Mai: 7 , 1QQ2-3.

" An act for allowing of four shillings j^er diem unto the county commissioners ordered to pass
into the several towns of the county's for regulation of the tax or assessments, amounting, iu
the whole, to forty-four pounds eight shillings." [Approved Mar. 17, 1692-3. — See chapters 41,
and 49, ante.

Of the acts of this year, the engrossments of the following chapters are not to be found in the
Secretary's office and are believed to be lost; viz., chapters 11, 12, 13, 15, 16, 17, 18, 19, 21, 23,
25, 20, 27, 29, 31, 33, 34, 43, 46, 47, 48, 49, and the three acts the titles of which are given
above. Of the engrossed acts still preserved, seven; viz., chapters 14, 20, 22, 24, 28, 30 and 38,
are copies made by Sir. Secretary AV^illard, in 1735.*

The records of the Committee on Trade and Plantations, and of the Privy Council, show
that the said Committee, at different meetings held from the twenty-ninth of March to the
twentieth of May, 1695, voted their approval of all the public acts of this year, except chapters
1, 6, 10, 11, 12, 16, 19, 29, 33, 36, 40, 42 and 43; and that, on the fourth of June following, they
voted to present them to the Lords Justices, in Council, for their confirmation, together with
chapter 40, and the act for granting the Governor £500. It will be seen, however, that, besides
the acts disapproved by the Committee on Trade, chapters 9, 31 and 40 were disallowed by the
Privj' Council.

The reasons alleged by the Committee on Trade and by the Lords Justices for disallowing the
rejected acts were, substantially, the same; and some of them appear to have been first sug-
gested by the anonymous author of the following paper which seems to have been written in
New England : —

" Obsekvations upon the Laws of Massachusetts. — October 1692.

Upon the Acts of the Generall Assemblyes holden at Boston for the Province of the Massa
chusetts Bay, began the eight day of June 1092 and continued unto the Vith of October by
adjournement.

It is humbley enquired wheither The Act for continuing the locall Lawes to stand in force &«
be not a breach npon the method apointed for the makeing of Lawes either by the old Charter
or new settlement haveing never any of them ever been ingrossed in parchment or a scale
affixed to them, and haveing been declared voyd by the Kings Councill learned in the law for
want of such method of enacting and wheither the exception therein of such as are not repug-
nant to the lawes of England, &", be not a darkness & snare to the subject who may be
ignorant thereof and must allow infinite constant controversies what is and what is not
repugnant & wheither all that exeption be not a meer compliment when the first of those
locall Lawes in the Massachusetts Law forbids anj' process in the Law w"'out a Law in that
Book warrant the same & wheither the revising this Act in the adjournem' untill May may not
of course pass at the end of every tearm to defeat the hopes of the Kings subjects of y just
defence and security of their persons and estates by the Lawes of England.

Upon the two next Acts for enforceing the collecting & paying &", & for collecting the
arrears &", wheither the said Assessment haveing been made and granted by certaine conven-
tion at Boston w'l'out any Charter or Warrant from the Crowne nor any notice taken thereof
by y Majest" last grant and being very great and extriordinaiy sumes could by any other
method be enforced upon the subjects then by a new Act of the Generall Assembly raj'seing
the said Assessments and authoriseing the levy of the same by their power and wheither such,
a method of continucing and enforceing such levyes without warrant from the Crowne will not
be of ill example and hurt to the dependance of the plantations.

Upon the two Acts of Assessm' & Impost wheither since the Traide hath been allwayes
charged w* an impost and excise and the Countrey w"' one single assessm' annually from
the first settlement there & laws warranting the same, we are not very cautious to keep a naked
Exchequer for the King by allowing no penny but V annum.

To the first Act for holding Courts of Justice where it is said the Justices for SuflTolk to be
perticularh' appoynted and commissioned by the Govern' wheither it be not a playne infringem'
of the Goverm' power and y« Kings prerogative that any Court should be holden w'^out such
Comiss" as this law allowes & was practiced.

Wheither the Act setting forth Generall Privilidges & therein reciting severall Clauses of
Magna Charta be not needless, their Majest' haveing under the great seal of England given
his subjects here all the Lybertyes and Immunitj-es of the naturall subjects w'Mn any of his
dominions and wheither we do not show our ignorance or distrust of such their Maj''«' Grant
by thus ¥*ticularly offering and more wheither the meaning of it be not as of old that their

* See Preface.

no Province Laws. — 1692-3. [Notes.]

Maj''" subjects shall not challenge any privilklge but w' shall be found of our owne enacting
least we should by any means be thought iniediatlj'- obliged to the Kings Grace for such
priviledges or our law book not found a perfect Independant body of lawes.

Upon the Act for the settlem' and distribution of Intestates Estates, -^vheither any thing can
be more exactly contradictory to the lawes of England and right of heirship, wheither it grants
not an arbitrary power to the ordinary to devide & spoyle what estates he shall please and not
others & wheither the end of it will not be perfect levelling and distroying of every good estate
of land like the Agrarian Lawes to the hazard of the dependance of y" Govcrnement when no
man in the Countrey of Estate will be found fit to serve the King but a number of people that
will have nothing to hazard by their disobedience & wheither it be not more reasonable for
P'sons quallyfied in that Act to provide by their Wills as they please.

To the Act for prevention of frauds & perjure3^s wheither it being in the words of the Statute
of England is not allso to shew us that no penall law of England is in force but by vertue of our
enacting and Courts & Justices to take notice thereof accordingly.

To the Act for the distribution of Insolvent Estates wheither it be not contrary to the law of
England which assignes an order of payment the King first, Statutes, Judgments, Bonds, Bills
&«, in order which must all here even the King himself come into the avarage.

To the Act for punishing criminall offenders wheither the Laws of England do not enough
provide in such cases and wheither the treble paj'ment be not unreasonably decreed especially
■upon slaves who may thereby when they please undoc their masters & wheither we can alter
the la'iv for Burglary.

To the Act for the punishing Capitall offenders wheither y« lawes of England are not & ought
not to be sufhcicnt in all capitall cases and wheither it be not more for the honor of the Crowne
& the due dependance of the Plantations to hang all traytors & fellons upon the statutes of
England then upon this Chapter & what is to be security to the subjects here when a few
weeks past twenty persons were executed at Salem upon the Statute of King James against
witchcraft and one pressed to death and now the law against witchcraft is to be enacted all the
other penall statutes of England may be by the same rule enforced upon this and this chapter
of capitalls, and by the continuation of the locall lawes all that are in the old book besides.

Wheither the law against high treason do not curtajde the statute of the 25"" of Edward the
3"i never thought too heavey in any time so that clyppj'ng the Kings Coyne killing the Judges
defileing Princesses &", are not to be allowed high treason in New England.

To the law for makeing of Lands and Tenements lyable to the payment of debts wheither it
will not distroy the planter and bring all lands to no value when it shall be in the power of an
Angrey Credito"' or sheriff to levy a strap out of the midle of lands or y" garden or yards so as
to destroy the whole Estate when no provision or restraynt is put in and wheither it be not
better left to the law of England for extent.

To the law for the establishing Judicatory, wheither in the powers of the superior court it be
not much more reasonable and intelligible to give that Court the power of the Kings Bench
Comon Pleas & Exchequer which English men understand and all the Plantation use them to
couch and hide their power so as that y^ Judges or people may deney or affirme their power or
dutey in such Courts as thay please, wheither it be not expressly against law and introductory
to manj'fold inconveniencyes to have the Juryes wholly taken out of the hands of the Sherriffes
& lodged where manj'fold' inconveniances and corriptions may happen impossible to be punished
as where the sherriff is in trust.

To the Act for establishing forms of Oaths wheither the Councellor's Oath ought not to say
something of y^ Kings service & be more conforme to the oath of a privy Councell'.

Wheitlier the word according to law in the Jurymaus Oath be not to spare confounding the
Court & Jury together.

To the Act against Conjuration Witchcraft ill spirits wheither the Act be of any further force
by our enacting of it.

And wheither all this be not printed three years too soon."

The Letter from the Privy Council to the Governor, &c., of the Province, respecting the acts
of this year, concludes as follows : —

" And we are further to take notice to jo\x that in the forming y said Laws divers Acts are
joined together under y° same title, whereby it hath been necessary for the repealing of such
of them as have not been thought fit to be confirmed, to vacate such others as have been com-
prehended under such Titles, as may be observed in y= Act entituled an Act for punishing
capitall offenders, the preventing of which Inconvenience we cannot but recommend to j'our
care for y" future that in y^ forming of any new Acts they be enacted singly and under distinct
Titles. And so we bid j-ou heartily fiirewell. From the Councill Chamber at Kensington the
26th day of December 1605 In y= 7* year of His Ma'^' reign.

Yo' very loving Friends _

J. SOMERS, C. S.
EOMNEY ' SHREAVSBURY

GODOLPHm PEMBROKE, C. P. S.

WM. TRUMBULL BOLTON

J. BRIDGWATER

W. BRIDGEJLiN."

ACTS,

Pass E D i 693.

[Ill]

[1st Sess.] Province Laws.— 1693. 113

ACTS

Passed at the Session begun and held at Boston,
ON the Thirty-first day of May, A.D. 1693.

CHAPTER 1.

AN ACT FOR THE RESTRAINING THE TAKING EXCESSIVE USURY.

Forasmuch as the abatement of interest lias alwayes been found
beneficial to the advancement of trade and improvement of lands by
good husbandry ; and whereas the taking of eight in the hundred for
the interest of money tends to the great discouragement of ingenuity
and industry in the husbandry, trade and commerce of this province, —

J3e it, for the reasons aforesaid, enacted by the Governoxir, Council
and JRepresentativees convened in Genercd Assembly, and it is enacted
by the authority of the same.

That no person or persons whatsoever, fi'om and after the first day of six pounds per
August, in the year of our Lord one thousand six hundred ninety-three, per annum for
upon any contract to be made after that time, shall take, directly or 3^5^t°527.°"^^'
indirectly, for loan of any moneys, wares, merchandize[s] or other com- 7 Met. 294.
modities whatsoever, above the value of six pounds for the forbearance ^ Alien, 447.
of one hundred pounds for a year ; and so, after that rate, for a greater
or lesser sum, or for a longer or shorter time ; and that all bonds, con-
tracts, mortgages and assurances whatsoever, made after the time afore-
said, for the payment of any principal or money lent or covenanted to
be lent upon or for usury, whereupon or whereby there shall be I'eserved
or taken above the rate of six pounds in the hundred as aforesaid, shall
be utterly void ; and that all and every person and persons whatsoever Penalty for con-
which shall, after the time aforesaid, upon any contract, take, accept, ^o^e"^ ^°''
and receive, by way or means of any corrupt bargain, loan, exchange,
or by covin, or deceitful conveyance, or by any other Avay or means
whatsoever, for the forbearing or giving day of payment for one whole
year, of and for their money or other thing or things, above the sum of
six pounds for the forbearing of one hundred pounds for a year, and so
after that rate for a greater or lesser sum, or for a longer or shorter
time, shall forfeit and lose, for every such offence, the full value of the
goods and moneys, or other things so lent, exchanged, bargained, sold, or
agreed for ; one moi[e]ty thereof to their majesties, towards the support
of the government of this province and the contingent charges thereof,
the other moi[e]ty to the mformer that shall sue for the same; any cus-
tom, usage or law to the contrary notwithstanding : /)?'oyiV?e(7, nothing a saving,
in this act shall extend to the letting of cattle, or other usages of like
nature in practice amongst farmers, or maritime contracts among mer-
chants, as bottommary, or course of exchange as hath been heretofore
accustomed. \JPassed J'une 8 ; published Jane 17.

114 Province Laws.— 1693. [Chap. 2.]

CHAPTER 2.

AN ACT FOR REGULATING THE BUILDING OF SHIPS.

Disallowed by FoRASMUCH ^s the building of sliips is a business of great importance
the privy^coun- ^^j^. ^|^g coiimion goocl, and therefore, according to the course and prac-
1690. ' tice of their majesties' kingdom of Enghand, suitable provision is neces-

sary to be made that it be well performed, —

£e it therefore enacted hy the Governom\ Council and Itepresenta-
tives convened in General Assembly, and by the authority of the same,
Vessels of thir- [Sect. 1.] That when and so often as any ship or vessel of thirty
ty tons or up- tuns or upwards is to be built and set up in any town or place within
surveyecf by this province, before any plank be brought on, the builder or owner
warrant from a ^\^cy\\ j-epair unto One of the next justices of the peace within the same
JUS iceo peace. ^^^^^^^^^ ^\\\o^ upon request made, is hereby impowred to appoint and
authorize one or more able shipwrights to be surveyors of the said
building, and of all the materials and workmanship in and about the
same, from time to time as often as the builder or o-^^mer sees cause to
call them ; Avho are to take care that all the materials be sound, suffi-
cient and suitable for the occasion, and that the works be done and per-
formed strong, substantial and according to the rules of their art, and
to direct that all insufficient and defective timbers, plank or other
materials be taken out and amended ; no timber or plank of oake to be
allowed other than white oake : which surveyors so appointed shall
have an oath administred unto them, to be faithful and indifferent
between the builder and the owner.

And it is further enacted by the authority aforesaid,
Builders' penal- [Sect. 2.] That if any builder, upon the advice and direction of
amendment? °^ such surveyor or surveyors, shall neglect to reform and amend what is
judged to be defective or amiss in any materials or workmanship, shall
forfeit and pay the summ of five shillings ^:)er diem, to the use of the
poor of that town where such vessel shall be in building, until the
defects be amended, — being convicted of such neglect before one or
more justices of the peace ; unless such justice or justices upon hearing
of the'builder shall see cause to allow him some further reasonable time
Penalty for neg- for doing of the same. And if any builder shall bring to and fasten any
Inga^s^urvey!"^' pl^^k upou any ship or vessel of the burthen aforesaid before a Avarrant
of survey be obtained, as aforesaid, and the surveyor or surveyors have
been to view the frame, every builder offending herein shall forfeit and
pay the sum of ten pounds ; the one moiety thereof to the use of their
majesties, for support of the government of the province and contingent
charges thereof, and the other moiety to him or them that shall infomi
and sue for the same by bill, plaint or information in any of their majes-
ties' courts of record.

And it is further enacted by the authority aforesaid,
Surveyor's al- [Sect. 3.] That when any surveyor or surveyors are called upon by
lowance. ||jg builder or owners to survey the work or materials, as is provided in

this act, every such surveyor shall have for his care and attendance,
when called, three shillings for every survey ; which charge of survey-
ing is to be borne by the builder, when he is defective ; but when the
builder is not in fault, then by the owner or owners ; and in case of
travail out of town, to be further allowed for their time and necessary
charges. \_Passed June 8 ; published June 17.

" But whereas an Act for regulating the building of ships lays an unnecessary charge upon
the subject, and also tends to the obstruction and restraint of the building of ships, We are
humbly of opinion that it be repealed." — Opinion of the Lords Commissioners for Trade and
Plantations, (o the King, Nov. 5, 1696, and see note, p. 123, j^ost.

[1st Sess.] . Province Laws. — 1693. 115

CHAPTER 3.

AN ACT ENCOURAGING A POST-OFFICE.

Whereas Their Most Excellent Majesties, by theii* letters patents Disallowed by
under the great seal of England, bearing date the seventeenth day of cii^Novembersi
February, in the year of our Lord one thousand six hundred ninety-one, ^o^^-
have given unto Thomas Neale, Esq., his executors, administrators and
assigns, full power and authority to erect, settle and establish within
the chief j^orts of their said majesties' colonies and plantations in
America, an office or offices for the receiving and dispatching of letters
and pacqucts, and to receive, send and deliver the same under such
rates and summs of nioney as the planters shall agree to give, &c., to
hold and enjoy the same for the term of twenty-one years, Avith such
powers and clauses as are necessary on that behalf, as by the said let-
ters patents, relation being thereunto had, may more fully and at large
api^ear ; and whereas^ Andrew Hamilton, Esq., is deputed and consti-
tuted to govern and manage the said general post-office for and through-
out all their majesties' j^lantations and colonies in the main land or
continent of America, and the islands adjacent thereunto, jDursuant to
the directions of the said letters patents ; and whereas he, said Andrew
Hamilton, hath made application to His Excellency and Council and
Representatives, convened in general asssembly, that they would ascei*-
tain and establish such rates and summs of money upon letters and
pacquets that shall be received and dispatched by the said officer or
officers ; —

For the effectual encoui-agement of the said general i^ost-office, and
for the quicker maintenance of mutual correspondence amongst all the
neighbouring colonies and plantations aforesaid, and that trade and
commerce may be the better preserved, —

IBe it^ therefore, enacted hy the Governour, Council and Hepresenta-
tives convened in General Assembly, and by the authority of the same,

[Sect. 1.] That there be from henceforth a general letter-office A general let-
erected and established in some convenient place within the town of ed^in^'^oston*^*'
Boston, from whence all letters and pacquets whatsoever may be, with
speed and expedition, sent into any part of the neighbouring colonies
and plantations on the main land and continent of America, or unto
any of their majesties' kingdoms and dominions beyond the seas ; at
which said office all returns and answers may be likewise received ; and
that one master of the said general letter-office shall, from time to
time, be appointed by the said Andrew Hamilton, which said master of
the office or his servant, or agent, and no other person or j^ersons what-
soever, shall, from time to time, have the receivmg, takmg up, ordering,
dispatching, sending post, or with speed, and delivering of letters and
pacquets, Avhatsover, wliich shall, from time to time, be sent to and
from all and every the adjacent colonies and plantations on the main
land and continent of America, or any other their majesties' kingdoms
and dominions beyond the seas, where he, the said postmaster-general,
shall settle or cause to be setled, posts, or running messengers, for that
purpose ; except such letters of merchants and masters which shall be
sent by any masters of any ships, boat, or other vessels of merchandize,
or by any other person employed by them for the carriage of such let-
ters aforesaid, according to tlae respective directions ; and also excej^t
letters to be sent by any piivate friend or friends, in their Avay of jour-
ney or travail, or by any messenger or messengers sent on pui-jDose for
or concerning the private affairs of any jierson and persons.

116 Province Laws.— 1693. [Chap. 3.]

And be it further enacted hy the authority aforesaid,
The several [Sect. 2.] That it shall and may be lawful to and for the postmas-
age^onetters' ter-geueral aforesaid, and his deputy and deputies by him thereunto
sufficiently authorized, to demand, have, receive and take for the j^ort-
age and conveyance of all such letters which he shall so convey, carry
or send post as aforesaid, according to the several rates and summs of
current money of this province hereafter mentioned, nor to exceed the
same; that is to say, for the jDort of every single letter from Europe,
the West Indies, or other parts beyond the seas, twopence ; and all
letters are to be accounted single though they contain bills of lading,
gazetts, invoyces, &c. : and for each pacquet of letters from the places
aforesaid, fourpence ; and a pacquet shall be accounted three letters at
the least : and for the port of every single letter from Rhode Island to
Boston, or from Boston to Rhode Island, sixpence ; and so in propor-
tion to the greatness and quantity of letters : and for the port of each
single letter from the post road in Connecticut colony to Boston, nine-
pence ; and so in proportion as aforesaid : and for the port of each sin-
gle letter from the city of New York, twelvepence ; and so in propor-
tion as aforesaid : and for the port of each single letter from the prov-
inces of East or West Jersey, or Pensylvania, fifteen pence ; and so
in proportion as aforesaid : and for the port of each single letter from
Maryland or Virginia, two shillings each single letter ; and so in pro-
joortion as aforesaid : and for the jDort of each single letter from Salem,
threepence ; from Ipswich, Newbury, or other places eastward of Salem,
within this province, fourpence ; and from Piscataqua, sixpence ; and
so in proportion as aforesaid. And if any letters or pacquets shall lie
and remain in the office uncalled for, by the sj)ace of forty-eight hours,
the postmaster then sending them forth to the respective houses of the
persons to whom they are directed, shall have and receive one penny
more for each letter or pacquet.

And for the more effectual encoiaragement of the said general post-
office, —

J3e it further enacted hy the authority aforesaid.
Post to pass fer- [Sect. 3.] That all such persons as shall be employed by the post-
age ree. master-general in the several stages within this province, shall and may
pass and repass all and every ferry within this province, at any time
during the continuance of this act in force, without paying any rate or
sum of money, either for his own or his horse's passage.
And he it further enacted hy the authority aforesaid,
to er'ct a^' ost^ [Sect. 4.} That no person or persons whatsoever, or bodys politick
officeotherthau or corporate, other than the postmaster-general aforesaid, shall presume
generai*herein' *^ carry, recany, or deliver letters for hire, other than as before excepted,
named. or to sct up or employ any foot-post, horse-post or pacquet-boat, what-
soever, for the carrying, conveying, and recarrying of any letters or
pacquets, by sea or land, within this province, or shall provide and
maintain horses and furniture for the equipping of any persons riding
post, with a guide and horn, as is usual in their majesties' realm of
England, upon the pain of forfeiting the sum of forty pounds, currant
money of this province, for every several offence against the tenor of
this present act ; to be sued and recovered in any court of record within
this province, by bill, plaint, or information, wherein no essoyn, protec-
tion, or wager of law shall be allowed : one half of the said forfeiture
to their majesties, towards the support of the government of this prov-
ince, and the contingent charges thereof; the other half to the post-
master-general, who shall sue and prosecute for the same.
And he it further enacted hy the authority aforesaid,
^ips^&c!fto [Sect. 5.] That all letters and pacquets that, by any master of any
deliver in' their ship or vcssel, or any of his company, or any passenger[s] therein, shall
po"t-office!'^^ or may be brought to this port of Boston (other than such letters as

[1st Sess.] Province Laws. — 1693. . 117

are before excepted), shall, by such master, passenger or other person,
be forthwith delivered to the postmaster of Boston, for the time being,
or unto his servants or agents, by him or them to be delivered accord-
ing to the several and respective directions of the same ; the said post-
master or his servants paying to the master of any such ship or vessel
so delivering in his letters, a halfpenny for every letter or pacquet.
And it is further enacted hy the authority aforesaid,
[Sect, 6.] That the postmaster-general, his officers or servants, shall
continue constant posts for the carriage of letters to the several places "^l^^^lJ^^^,^^^
and stages above mentioned ; and shall seasonably and faithfully deliver neglect of con-
forth the letters, according to the intent of this act, upon pain of for- stant°postTand
feiture for every omission five pounds, to be recovered as aforesaid, and delivering let-
to be disposed the one half to their majesties, as aforesaid, the other half *®'"®-
to tlie party aggrieved who shall sue for the same.
And it is further enacted,

[Sect. 7.] That the said postmaster, his agents or servants, upon
the coming in of every post, do mark every letter with a print, to show Letters to be
the day of the month, and year when every letter came in. marked.

And it is further enacted hy the authority aforesaid.,
[Sect. 8.] That if any ferryman within this their majesties' province
shall at any time neglect, refuse or delay the conveying, over his or penalty for fer-
their ferry, any postman or his horse, he shall forfeit the sume of five ^^^f"^'® ^^^'
pounds, to be recovered and disposed as the penalty before by this act
laid upon such as shall set up any post or pacquet boat.
And he it further enacted hy the authority aforesaid,
[Sect. 9.] That all lettei-s of publick concernment for their majes-
ties' service, from time to time and at all times, shall be received, dis- Public letters to
patched away, and delivered with all possible speed, according to the ^° ^'^^^'
respective directions thereon, free of all charge, and without demand-
ing or receiving any money or pay for the same, any thing herein before
contained notwithstanding : provided, that this act, nor any thing therein
contained, shall continue in force any longer than three years from and
after the publication thereof, any thing herein to the contrary notwith-
standing. \_Passed June 9 ; puhlished June 17.

" And whereas an Act encouraging a Post Office appears unto us by a Report made by the
Governors of the General Post-Office here in England to be prejudicial to the Office of the Post
Master General in whose Patent are included all your Majesty's Dominions and inconsistent
with the Patent granted in the j-ear 1G91 to Thomas Neale Esq., for the Post Office in America,
We are humbly of opinion that the said Act be also repealed." — Opinion of the Lords Commis-
sioners for Trade, cfc, ut sujjra. And see notes, pp. 123, 263 and 420.

CHAPTER 4.

AN ACT FOR CONFIRMATION OF TITLES WITHIN THE ISLANDS OF CAPA-
WOCK, ALIAS MARTHA'S VINEYARD AND NANTUKET.

Whereas Their Most Gracious Majesties, our Soveraign Lord and
Lady, King William and Queen Mary, in and by their royal charter or lo Mass. 17.
letters patents, bearing date at Westminster the seventh day of Octo-
ber, in the third year of their said majesties' reign, for the uniting,
erecting and incorporating of the colony of the Massachusetts Bay, and
colony of New Plimouth, the province of Main, the territory called
Acada or Nova Scotia, and all that tract of land lying between the said
territories of Nova Scotia and the said province of Main, into one real
province, by the name of the province of the Massachusetts Bay in
New England, have therein particularly named, comprehended and
included the islands of Capawock and Nantuket as part of the said

118 Province Laws.— 1693. [Chap. 5.]

province of the Massachusetts Bay, and annexed the same thereto,
and also all islands and islets lying within ten leagues db'ectly opi^osite
to the main land, within the said bounds ; —

And whereas Their said Majesties have also been graciously pleased,
in and by their said letters patents, to grant and ordain that all
and every such lands, tenements and hereditaments and other estates,
which any person or persons, or bodies politick and corj^orate, towns,
villages, colledges or schools, do hold and enjoy or ought to have, hold
and enjoy within the bounds of the said charter, by or under any grant
or estate duely made or granted by any general court fonnerly held, or
by virtue of the letters patents herein before recited, or by any other
lawful right or title whatsoever, shall be, by such person or persons,
bodies politick and corporate, towns, villages, colledges or schools, their
respective heirs, successors and assigns, forever hereafter held and
enjoyed according to the purport and intent of such respective grant,
under and subject, nevertheless, to the rents and services thereby
reserved or made payable, &c., as in and by the before recited charter
or letters patents, reference thereto being had, doth and will more fully
and at large appear ; —

Hut forasmuch as the said island of Capawock, alias Martha's Vine-
yard, and the island of Nantuket were, for some time, under the rule
and government of the province of New York, and the properties and
titles of the lands upon the said islands, respectively, being derived and
founded upon several grants and patents made and granted by the suc-
cessive governours of the said province of New York, and so legal there
according to the constitution, usage and custom of the government of
said New York ; and the inhabitants and proi^rietors of lands within
the said island of Capawock, alias Martha's Vineyard, and the island of
Nantuket, for their better quiet and satisfaction desiring this court's
confirmation of the same, —

It is therefore declared and enacted by the Governour, Council and
Hepresentatives convened in Genercd Asseinhly^ and hy the authority
of the same,

That all lands, tenements, hereditaments and other estates, held and
enjoyed by any person or persons, towns or villages within the said
islands of Capawock, alias Martha's Vineyard and Nantuket, and each
of them resjiectively, by or under any grant or estate duely made or
granted by any former government, or by the successive governours of
New Yoi-k, or any other lawful right or title whatsoever, shall be, by
such pei'Son or persons, towns or villages, their resj^ective heirs, suc-
cessors and assigns, foi'ever hereafter held and enjoyed according to the
true pui'port and intent of such respective grant, under and subject,
nevertheless, to the rents and services thereby reserved or made pay-
able ; and are hereby ratified and confirmed as fully and amply, to all
intents, constructions and puri^oses, as the lands in any other parts or
places within this province, by virtue of their majesties' royal charter.
\_JPassed June 13 ; published June 17.

CHAPTER 5

AN ACT FOR THE BETTER COLLECTING THE IMPOST AND EXCISE, AND
PREVENTING FRAUDS.

-Se it enacted by the Governour, Council and Hepresentatives coti-
Officersempow- veiled ifi General Assembly, and by the authority of the same,
ered to enter [Sect. 1.] Tliat sucli otficcr Or ofiicers as are or shall be impowred
eeil^^'*'^*^'^ ^*^^ and appointed by the commissioners for impost and excise, shall have

[1st Sess.] Province Laws. — 1693. 119

power and hereby are authorized to enter on board any ship or vessel,

there to make search, or to attend the unloading of any such shi23 or

vessel, the better to prevent fraud, and to secure the true payment of

the duties, as by act or acts for or relating to the impost and excise is

imposed. And all masters of ships or other vessels coming into any of Masters of

the harbours or ports within this province, before they break bulk fihall at"?he "import

make a report to the commissioners for impost and excise, or such as office before

are by them appointed to receive the same, the contents of the[ir] '^'^' ^°^ " '

loading, without any charge or fee to be demanded or paid for the

same. And if they have on board any goods liable by law to pay

impost, they shall then also give an account, under their liands, to the

best of their knowledge, of the quantities, species, and to whom the

goods are consigned, with the marks thereof; after which they may

unload, and not before, on pain of fifty pounds, to be forfeited and paid

by each master who shall neglect his duty in this behalf

J]e it further enacted hy the authority aforesaid,

[Sect. 2.] That no goods that by law ought to pay impost, unladen Goods to be
out of any shij) or vessel, shall be landed on any wharfe or into any day^Ume'oniy^^
warehouse or other place but in the daytime only, and that after sun-
rise and before sunset, unless in the presence of, and with the consent
of the officer aj^i^ointed to insj^ect such affairs, on the forfeiture of such
goods.

And it is further enacted,

[Sect. 3.] That every master or head of a family shall be account- Masters of fam-
able for the transgression of the law relating to retailing without licence, countable ^ for
whether it be by his wife, children, servants or any other imployed by breach of the
him. And all persons, retailers of wines, liquors, beer, ale or cyder,
shall make entry and pay, as per law, the excise for the same before
they receive it into their houses, cellers, shops, warehouses, or other
rooms or places, on the penalty of forfeiture of the same (unless they
have agreed by the year with the commissioners), any law or usage to
the contrary notwithstandmg ; and whatsoever wines, liquors, cyder,
beer or ale, that is bought by or for any retailer[s], and shall not be
entred, but is concealed, the commissioners for the impost and excise, or
any impoA\Ted by them, may, on their majesties' behalf, sue and recover
of such retailer every such surum or smnms as should have been paid
for such wines or liquors so bought and concealed, by information,
plaint or action of debt, in any of their majesties' courts of record
within this 2:)rovince.

And it is further enacted hy the authority aforesaid,

[Sect. 4.] That all retailers that refuse to open the doors of their justice of peace
houses, cellars, vaults, rooms or other places suspected, by the commis- ranf for*brTak-
sioners or persons by them impowred to inspect the excise, to have Id g open doors,
wines, liquors, beer or cyder concealed, with intent to defraud their
majesties of the duties required and laid by the act for impost and ex-
cise, upon complaint made to a justice of the peace, it shall and may
be lawful for, and such justice is hereby required to issiie out a warrant
to such officer complaining, thereby to enable him, with the assistance
of a constable, in the daytime, to break open the doors of such houses,
cellars, vaults, rooms or other places where they are denied entrance ;
and finding any wines, liquors, beer or cyder concealed that ought, but
yet hath not been entred, and the duty of excise paid, as the act pro-
vides, they are to seize and secure the same, in order to tryal and con-
demnation; and all constables and others are to be aiding and assisting
to them therein. And if any wines, liquors, beer or cyder, be seized Incase of seiz-
for iuiy offence committed against the act for excise, in any of the par- "rdutk^s being
ticulars thereof, the proof whether the duties be paid or secured to be paid to lie on
paid shall lye upon the clauuer, and shall not be incumbent on the
prosecutor or informer in behalf of their majesties and himself: pro-

120 Province Laws.— 1693. [Chap. 6.]

vided such seizure be made, or action brought, within ten clayes after
the ground for such forfeiture or action did arise.
And it is further enacted by the authority aforesaid.
Forfeitures, £Sect. 5.] That all penalties and forfeitures, arising for the breach

Dosed**^ ^^ ^^ ^^ ^^^^^ ^^*' ^^ ^^y clause or article tlierem, shall enure and accrue one
half thereof to their majesties, towards the supi^ort of the government
of the province, the other half to him or them that shall infonn and
sue for the same : 2^'>'0vided, nevertheless, that this act shall continue in
force until the twenty-ninth day of June, one thousand six hundred
ninety-four, and no longer ; any thing herein contained to the contrary
thereof in any wise notwithstanding. [^jPassed June 14; published
June 17.

CHAPTER 6.

AN ACT ENCOURAGING THE KILLING OF WOLVES.

J3e it enacted by the Govemoiir, Council and Representatives con-
vened in General Assembly, and by the authority of the same,
Wolves to be [Sect. 1.] That whosocver hath, shace the fourteenth day of May,
^id for out of q^q thousand six hundred ninety-two, or shall hereafter kill any gi'own
' wolfe within this province, and bring the head thereof unto the con-
stable of the town in which such Avolfe shall be killed, or to the con-
stable of the town next adjacent unto the place of killing such wolfe,
without the bounds of any township, shall have a receipt of the con-
stable for the same, and the constable shall cut off both the ears from
such head ; and the party producing the constable's receipt unto the
selectmen of said tOAVn, or some one of them, shall be allowed and paid
out of the town's stock the sum of twenty shillings for every head, as
aforesaid, of a grown wolfe by him killed, and the sum of five shilHngs
for every wolve's whelp.

And the better to furnish the selectmen with a stock sufficient to
answer such payments, —

Tt is further enacted by the authority aforesaid.

Selectmen to [Sect. 2.] That the selectmen of each town, respectively, shall be,

.assess their and hereby are, sufficiently authorized and impowred to assess the in-

thisoccasionfto habitants of their town, yearly, in due j^roportion, as near as they can,

be re-imbursed gvich sum and sums as they shall judge necessary to serve that occasion,

Uc treasury.^" ' together with other charges of the town, and to cause the same to be

collected in manner as is by law directed for the gathering of town

rates ; and all such sum and sums of money so paid out of any town

stock for the killing of wolves, the same being made to appear, shall

be allowed unto such town, by the general treasurer of the province,

out of the publick revenue. [Passed Ju7ie 15 ; published June 17.

[2d Sess.] Province Laws.— 1693. 121

ACTS

Passed at the Session begun and held at Boston,
THE Sixth day of July, A.D. 1693.

CHAPTER 7.

AN ACT FOR COASTING VESSELS WITHIN THE PROVINCE.

Whereas, in and by an act of parliament, made in the twenty-fifth Disallowed by
year of the reign of his late majesty, King Charles the Second, entituled ci'f ^dIc.*' 26°*
"An Act for the encouragement of the Greenland and Eastland 1695.
Trades, and for the better securing the Plantation Trade," effectual 25 car. 11.,
care is taken and provision made for the preventing of frauds and *^ * '''
securing the papnent of the rates and duties granted by said act
unto his said majesty, his heirs and successors, upon sugar, tobacco,
cotton-wool, indico, ginger, fustick, and all other dying wood of the
growth, production and manufacture of his majestie's several jDlan-
tations in America, Asia, and Africa, which shall be laden on board
any ship or other vessel, with intent to be transported and earned into
any other of his majestie's plantations ; which said rates and duties are
to be paid in the respective places of the growth and production of the
said goods and commodities before the lading thereof, —

It is therefore declared^ and enacted^ by the GovernoKr, Council, and
Ite2}resentatives convened in General Assembly, and by the authority of
the same,

[Sect. 1.] That any of the before enumerated goods and commod- Liberty for car-
ities which are or shall at any time hereafter be brought into this prov- and'la^f^of the
ince from any other of their majesties' plantations where the same do enumerated
grow and are produced, shall and may be transjDorted and carried from frJSr^piace^ to
port to port and place to place within the province, by land or water, P'ace in the
for the supply of the inhabitants and trade within the same, without out entry, &c. '
any entry or clearing, bond or certificate to be given or taken out for
the same ; and that no boat or other vessel, using to pass or trade
between port and jjort, place and place, within the province onely, and
not designed to go elsewhere, shall be obliged to enter or clear : pro-
vided, that no such boat or other vessel do take in or cany more than
six hogsheads, or one tun and half, of the said enumerated commod-
ities at any one time, turn or voyage.

[Sect. 2.] The masters of all boats or other vessels so passing or Masters to cn-
trading from jDort to port or place to place, within the province, taking ter and give
in more than six hogsheads, or the quantity of one tun and half, of any taice in above
of the said enumerated commodities, at any one time, turn, or voyage, ^^^^ quantity,
shall, before the taking in the same, give bond, at the naval office, of
one thousand pounds, Avith one sufficient surety, to land all such goods
and commodities at some other port or place within the province, or in
some other of their majesties' colonies or plantations adjoyning, and
not elsewhere, on pain of forfeiting such vessel and goods, according as
by the within recited act of parlianaent is directed ; for which bond,
there shall be paid three shillings, and no more ; and no such bond to

122 Proyince Laws.— 1693. [Chaps. 8, 9.]

be sueable after the end of twelve months from the time of giving the
same. [Passed July 14 ; published July 15.

" we have called before us Mr. Brenton, collector & Surveyor of New England * * * and
we have together with him considered the s^ Acts, and as to tliat for coasting vessells 'Fniit-
ting Sugar, Tobacco," &c., " to be transported," &c., " within >•" Province by Land or Water,
on pretence of supplying the inhabitants and trade therein, Avithout any entry or clearing bond
or certificate to be given or taken out," &c. " We do humbly observe to your Lords'ps that
this is not only contrary to the usage and practice in other plantations, but the Acts of Naviga-
tion and Trade," &c. — " the Port and Bay of Boston, as the said Mr. Brenton informeth us,
having more than a hundred sloops, shallops and lighters imployed thereat, and by this privi-
ledge of lading to the quantity of six hogsheads of the enumerated Comodities on each sloop,
shalop or ligliter without entry or clearing bond or certificate, [it] will not be difficult in a very
little time thereby to load and unload any foreign ships of how great Burthen soever," &c.,
" the Province from the Narrangansett Bay to Port Poyall being about 300 leagues on y" Sea
Coast, in which space are contained some hundreds of Harbours, Creeks and Coves," &c.

" and whereas the Bond directed by this Act may not be sued after the end of 12 months
from y time of giving the same. We humbly acquaint 5'0'' Lord'pps that this would prove
inconvenient in many respects, and such Bonds tho' forfeited might by y" neglect or death of
officers intrusted therewith prove oftentimes useless, and therefore, on y« whole matter, in our
humble opinion the said Act is by no means fit to be approved by his Ma'^." — Report of the
Lords Commissioners oj" the Treasury to the Privy Council, Dec, 17, 1695.

CHAPTER 8.

AN ACT FOR THE PARTITION OF LANDS, &C., AND THE RECOVERY OF
LEGACIES AT THE COMMON LAW.

J?e it enacted by the Governour, Council arid He^jreseritatives, con-
vened in General Cow% and by the authority of the same,
Partition of [Sect. 1.] That all persous having or holding or that hereafter

coparcenerr^^*^ shall have or hold any lands, tenements, or hereditaments, as coparce-
&c., to be forced ners, joint tenants, or tenants in common, may be compelled by writ of
law*!''^ common p.^i.tition, at the common law, to divide the same, where the parties
4 Mass. 035. canuot agrcc to make partition thereof by themselves : provided, this
30 Maine, 143. act shall not be understood to repeal or any wayes altex*, any clause or
clauses in the act for regulating of townships, referring to undivided or
common lands.

And it is further enacted by the authority aforesaid.
Legacies to be TSect. 2.1 That where any certain legacy is or shall be bequeathed
common law. and given by any person m his or her last will and testament, as, also,
where any residuary or uncertain legacy is, or shall, by the accompt of
any executor, be reduced to a certainty, every such legacy and legacies
as aforesaid may be sued for and recovered at the common law, any
law, custom or usage to the contrary notwithstanding. \_Passed
July 14 ; published Jidy 15.

CHAPTER 9.

AN ADDITIONAL ACT FOR THE PUNISHING OF CRIMINAL OFFENCES.

Whereas the breach of sundry criminal laws of this province is
cnly punishable by fines, and many tunes the breakers of them have
See 1692-3, i^^' ir.oney to satisfy the same, —

chap. 22, and ]3e it, therefore, enacted, by the Governour, Council and Mepresenta-
"nnte^' '^°*^' tives, Convened in General Assembly, and by the authority of the same,
ftn^s^^to be '^^^''^^ henceforward it shall be in the power of any justice of the
puniiflied by peace that shall have cognizance thereof, to punish breakers of the
stocking, &c., pgjice, prophauers of the Sabbath, and unlawful gamesters, drunkards,

[2d Sess.] Province Laws.— 1693. 123

or prophane swearers or cursers, by setting in the stocks, or putting ^^^^^.^ *'^^ °*:
into the cage, not exceeding three hours, or imprisonment twenty-four otherwise sat-
hours, or by whipping, not exceeding ten stripes, as the case may isfytheiaw.
deserve, and where the offender has not wherewithal! to satisfy the law
in that case provided. [JPassed July 14 ; published Jidy 15.

The general court, convened May 31,1693, held two sessions only, and was dissolved July 15;
and a new court was convened on the eighth of November following.

The foregoing nine chapters comprise all the acts passed at the two sessions above mentioned,
and the original MSS. of all these acts are still preserved. Three of these acts, it Avill be seen,
were disallowed by the Privy Council; for, although the first of these (chapter 2), had received
the approval of the Committee on Trade, Oct. 1, 1695, the Lords Commissioners for Trade and
Plantations, appointed the next year, raised the objections stated in their opinion quoted in the
note at the end of that chapter. Their letter communicating the fact of disallowance and the
reasons therefor, bearing date Jan. 20, 1696-7, contains the following passages, relating, respec-
tively, to the chapters given at the beginning of the paragraphs: —

[Chaj). 2.] " — That act not only laj's a certain charge upon the builders of Ships which
seems to be unnecessary, and consequently an obstruction of such building, but it also opens a
door to great partiality in the overseers, and is, therefore, apprehended to be rather a prejudice
than advantage to those concerned. Nevertheless if, in the time that it has been in force the
Province has found any considerable benefit by it, upon your acquainting us particularly there-
withal! we shall be ready hereafter to promote the passing of another act to the same purpose,
according as it shall appeare reasonable."

[Chaj). 3.] " — That act is judged prejudicial to the office of His Majesty's Post Master
General and inconsistent with Patents already granted; But, instead thereof, we are preparing a
draught of another act to the same purpose and not liable to those objections, which we intend
to send to j^ou as soon as we can finish it, That your general Assembly may, if they think fit,
pass it in that manner and tlien transmit it hither for His Majesty's approbation." — See pp. 263
and 420, post.

Notice of the disallowance of these chapters was ordered to be given to Sir Henry Ashurst,
the agent of the province, Nov. 23, 1696, and his written receipt therefor was required; which
was filed the seventli of December following.

On the 20th of June, 1694, the General Court, "upon the petition of Duncan Campbell, in
behalf of Andrew Hamilton, esq., postmaster-general of North America," voted an allowance
of £25, per annum, for the two years next ensuing, for the encouragement of the post-office.
Similar votes, granting various sums, were passed in subsequent years; for instance, June 11,
1696 ; July 22, 1703 ; April 12, and Oct. 30, 1700 ; Oct. 19, 1711 ; and Jan. 5, 1727. These, and
other curious and interesting papers relating to postal affairs in New England, previous to the
Revolution have been printed in the Collections of the Mass. Hist. Soc, 3d series, vol. VII.,
pp. 48-89.

Objections had been raised against chap. 3, in the Committee on Trade, and a draught of a
new act, proposed bj'the Governor of the general post-office in London, had been referred bvthe
Committee, to the Attorney-General, Jan. 31, 1695-6, who suggested the addition of a clause
which, on the 21st of February following, he was desired by the Committee to prepare for their
consideration " together with M' Neal, Govern' of y" Post office in America."

The report of the Lords of the Treasury, upon chap. 7, appears to have been received as con-
clusive.

ACTS,
Passed 1693—4.

[126]

[1st Sess.] Province Laws. — 1693-4. 127

ACTS

Passed at the Session begun and held at Boston,
ON the Eighth day of November, A.D. 1693.

CHAPTER 1.

AN ACT KELATING TO SURETIES UPON MEAN PROCESS IN CIVIL ACTIONS.

Be it enacted by the Governour^ Council and Hepresentatives in Gen-
eral Court assembled, and by the authority of the same it is ordained
and enacted,

That where baile is given upon mean process in any civil action, not ^ Mass. 483.
only for the appearance of the party to answer the suit, but also to ^ ^^^^' ^^'
abide the order or judgment of the court that shall be given thereon,
every such surety or sureties shall be obliged to satisfy the judgment
in case of the principal's avoidance and the return of non est itiventus
upon the execution, unless the surety, at the time of entring up judg-
ment, do bring the principal into court and move to be discharged ; upon
which the court shall order the keeper of the prison to receive him into
custody, that so this body may be taken in execution. And the party
for whom the judgment was given may have a writ of scire facias out
of the same court against such surety or sureties, and, in case no just
cause be shown to the contrary, the judgment shall be affirmed against
the surety or sureties with the additional costs of suit ; and execution
be accordingly granted : always provided, that such writ of scire facias 7 Mass. 347.
be taken out and served upon the surety within twelve months after
the first tryal and not afterward, and every surety of whom such
recovery is made may bring his action for damages against the prin-
cipal debtor. [_Passed November 16 ; published November 29.

CHAPTER 2.

AN ACT FOR PASSING OF SHERIFF'S ACCOMPTS.

Be it enacted by the Governour, Council and Bepresentatives in Gen-
eral Court assembled, and by the authority of the same,

[Sect. 1.] That every clerk of the j^eace, in each county within this
l)rovince, and clerk of assize shall deliver unto the sheriff of the county
a perfect estreat of all fines, issues, amerciaments, recognizeances,
moneys and forfeitures, imposed, set, lost or forfeited in any sessions
of the peace, court of assize and general goal delivery, or sj)ecial court
of oyer and terminer, by any person, due to their majesties, within the
space of thirty dayes next after the ending of the said courts respec-
tively ; and within said time shall deliver unto the treasurer and
receiver-general of said province a perfect schedule of all such estreats
by him delivered to the sheriff, on pain of forfeiting to their majesties,

128 Province Laws.— 1693-4. [Chap. 3.]

for the support of the government, the sum of five pounds for each neg-
lect, upon conviction thereof before the justices of the same court.

[Sect. 2.] And the justices of each of said courts respectively are
hereby impowred to audit, examin and adjust the said accomj^ts of the
sheriff, and upon payment of what shall be found remaining due there-
upon to grant the sheriff a quietus est.

[Sect. 3.] And whensoever any sheriff upon passing his accompts
shall have his quietus est, he shall be thereby absolutely discharged of
all sums of money by him levied and received and pretended not to be
accompted for, -within the said accompt whereuj^on he had his quietus,
unless such sheriff shall be called in question for such sum or sums of
money so pretended to be levied, within two years after the time of such
accompt and quietus. [Passed JSfovember 17 ; puUished N'ovember 29.

CHAPTER 3.

AN ACT FOR REGULATING OF THE MILITIA.

Whereas, for the honour and service of their majesties, and for the
security of this their province against any violence or invasion what-
ever, it is necessary that due care be taken that the inhabitants thereof
be armed, trained, and in a suitable posture and readiness for the ends
aforesaid, and that every person may know his duty and be obliged to
perform the same, —

Pe it therefore enacted hy His Excellency the Governour, Council and

Representativies in General Court assembled, and it is ordained and

enacted by the authority of the scmie,

Persons liable * [Sect. 1.] That all male persons from sixteen years of age to sixty

to train. (other than such as are hereinafter excepted), shall bear arms and duely

attend all musters and military exercises of the respective trooj^s and

companies where they are listed or belong, allowing three months' time

to every son next after his coming to sixteen years of age, and every

servant, so long after his time is out, to provide themselves with arms

and ammunition, &c.

Clerk to take a [Sect. 2.] And the clerk of each troop and company, once a quarter,

ust four times a jQ^^iy^ gj^jjH ^ake an exact hst of all persons living within the precincts

of such troop or company, and present the same to the captain or chief

ofiicer, on j^ain of forfeiting forty shillings for each default, to be paid

to the captain or chief officer to the use of the company. And, in case

of non-payment, to be levied by distress and sale of the offender's goods,

by vertue of a warrant from the captain or chief officer, who is hereby

impowred to grant the same.

Persons to at- [Sect. 3.] That every person hsted in any troop or company shall

ifs^ed tni order^ ^^ Continue and attend all duty in such troop or company, or, otherwise,

ly dismissed. suffer the penalty by law provided, until orderly dismist or removed

out of the tO"wn or precinct, and, in case of removal into the precinct[s]

of another company in the same town, to produce a certificate under

the hand of the captain or chief officer of the precinct whereto he is

removed, that he is listed there.

Penalty on such [Sect. 4.] If any person liable to be listed as aforesaid do exempt

avoidlistS ^^ himself, by shifting from house to house or place to place to avoid bemg

so hsted, he shall pay as a fine for every such offence, to the use of the

company to which he belongs, ten shillings, being convicted before any

justice of peace of the comity.

* [Note.— This chapter was divided into sections when it was first printed, and tliis division is
here preserved with the prefix of " Sect." to each number.

[1st Sess.] Province Laws. — 1693-4. 129

[Sect. 5.] That every listed souldier and other householder (except Foot soidiera
troopers) shall be alwayes provided with a well fixt firelock musket, of armed! ^^
musket or bastard musket bore, the barrel not less then three foot and
a half long, or other good firearms to the satisfaction of the commission
ofiicers of the company, a snapsack, a coller with twelve bandeleers or
cartouch-box, one pound of good powder, twenty bullets fit for his gmi,
and twelve flints, a good sword or cutlace, a wonn and priming-wire fit
for his gun ; on penalty of six shilUngs for want of such arms as is hereby
required, and two shillings for each other defect, and the like 'sum for
every four weeks he shall remain uni^rovided, the fine to be paid by
parents for their sons under age and under their command, and by mas-
ters or heads of families for their servants, other than servants ujDon
wages.

[Sect. 6.] That every trooper shall be always provided with a good Troopers how
serviceable hoi-se of five pounds value, and not less than fourteen hands
high (the same to be determined by the two chief commission ofiicers),
covered with a good saddle, bit, bridle, holsters, pectoral and crooper ;
and furnished with a carbine, the barrel not less than two foot and half
long, with a belt and swivel, a case of good pistols, with a sword or
cutlace, a flask or cartouch-box, one pound of good powder, three
pounds of sizeable bullets, twenty flints, and a good pair of boots and
spurs ; on penalty of twelve shillings for want of such horse as is
hereby ordered, and three shillings apiece for every other defect, and
the like sum for every six weeks he shall remain unprovided : and that
each trooper list his horse, and shall not dispose thereof without the
consent of his chief ofiicer, on the penalty of five pounds ; and for non-
appearance at the time and place apj)ointed for exercise, every listed
trooper for each daye's neglect shall pay ten shillings fine.

[Sect. 7.] That there may be two trooj^s in a regiment, each of
Avhich troops shall not exceed sixty men with ofiicers.

[Sect. 8.] That regimental musters (except in Boston) shall be but Regimental
once in three years, and every captain or chief ofiicer of any company ^afnfng of pL-
or troop, in any regiment, shall be obliged on penalty of five pounds to ticuiar compa-
draw forth his company or troop, or cause them to be drawn forth, four i Mass. 458,
daycs annually, and no more, to exercise them in motions, the use of ^°^^-
arms, and shooting at marks, or other military exercises ; which every
person liable to train having been duely waiTied, and not appearing and
attending the same, shall for each day's neglect pay a fine of five
shillings.

[Sect. 9.] That the commission ofiicers of any company or troop, commission of-
or the major part of them, may order the con-ecting and punishing dis- ficers' powers,
oi'ders and contempt on a training day, or on a watch, the punishment
not being greater than laying neck and heels, riding the wooden horse,
or ten shillings fine.

[Sect. 10.] That there be military watches appointed and kept in Military
every town at such times, in such places and in such numbers, and Yomi^^' 581
under such regulations as the chief military ofiicers of each town shall '

appoint, or as they may receive orders from the chief ofiicer of the
regiment ; and that all persons able of body or that are of estate (and
not exempted by law), shall, by themselves or some meet person in their
stead, to the acceptance of the commander of the watch, attend the
same, on penalty of five shilUngs for each defect, there having been due
warning giving.

[Sect. 11.] Every souldier or other person liable by law refusing penalty for not
or neglecting to attend military exercises on training dayes, or military attending mui-
watches, that shall not pay, or have no estate to be found whereon to ^^^
levy the fine, it shall be in the ]^ower of the captain or chief officers of
sucli company, on the next training day after such neglect (he not hav-
ing satisfied the clerk), to punish him for such offence, by laying neck

130

Province Laws. — 1693-4.

[Chap. 3.]

Person ex-
empted from
training.
3 Pick. 392.

Persons ex-
empted from
military
watches, &c.

Commission of-
ficers to appoint
sergeants and
corporals.

View of arms.

How persons
unable to pur-
chase arms may
be provided.

and heels, or riding the wooden horse, not exceeding one hour's time ;
and if such delinquent shall absent himself the second training day,
without giving sufficient reason to the captain or chief officer[s] for the
same, it shall be in the power of the chief officer of the company to
direct a warrant to the constable of the town, requiring him to aj^pre-
hend such delinquent and bring him into the field, that he may be pun-
ish't according as by this law is provided ; and all constables are hei-eby
required to execvite such warrants accordingly.

[Sect. 12.] That the persons hereafter named be exempted from all
trainings ; viz., the members of the council, the representatives for the
time being, the secretary, justices of the peace, president, fellows, stu-
dents, and servants of Harvard Colledge exempted by colledge charter,
masters of art, ministers, elders and deacons of churches, sheriffs, al-
lowed physitians or chirurgions, and profest schoolmasters ; all such as
have had commissions, and served as field officers or captains, lieuten-
ants or ensignes ; coroners, treasurers, attourney-general, deputy sher-
iffs, clerks of courts, constables, constant ferrymen, and one miller to
each grist mill ; officers imployed in and about their majesties' revenues ;
all masters of vessels of thirty tuns and upwards, usually imployed be-
yond sea ; and constant herdsmen, lame persons or otherwise disabled
in body (producing certificate thereof from two able chirurgions), Indi-
ans and negro's.

[Sect. 13.] That the persons hereafter named be and hereby are
exempted from military watch [es][ings] and wardings ; viz., the mem-
bers of the council, secretary, representatives for the time being, presi-
dent, fellows, students of Harvard Colledge, and the gentlemen belong-
ing to the [troop of the] governour's guard, ministers and elders of
churches, allowed phisitians and chyrurgeons, constables, constant ferry-
men, and one miller to each grist mill.

[Sect. 14.] That the captain and commission officers of each com-
pany or troop shall and hereby are fully impowred to nominate and
appoint meet persons to serve as serjeants and corporals in the respec-
tive companies or troops, and displace them, and appoint others in their
room, as they shall see meet.

[Sect. 15."] That twice every year, or oftner if required, every cap-
tain or chief officer of each company or troop shall give order for a
dihgent enquiry into the state of his company, and for taking an exact
list of the names of his souldiers and inhabitants within the limits of
his company, and of the defects of arms or otherwise, and names of the
defective persons, that they may be prosecuted as the laAv hath pro-
vided, and such care may be taken as is proper to remedy the same.

[Sect. 16.] That if any person, who is by law obliged to provide
arms and ammunition, cannot purchase the same by such means as he
hath, if he bring to the clerk of the company corn or other merchant-
able provision, or vendible goods, so much as, by apprizement of the
clerk and two other persons mutually chosen, shall be judged of greater
value by one-fifth part than such ai-ms or ammunition is of, he, there-
upou, shall be excused from the penalties for want of arms and ammu-
nition, until he can be provided ; which said clerk shall provide, as soon
as may be, by sale of such goods, and render the overplus to the party
if any'be ; but the party shall, notwithstanding, give his personal attend-
ance upon all occasions, as other souldiers, until he be supplied, and at
such times shall perform any proper service he may be put upon by the
captain or chief officer of the company he belongs to ; but if the person
be judged unable to buy arms, or to lay down the value proposed, if
he be a single man he shall be put out to service by the two next
justices of the peace, to earn wherewith to buy arms and ammunition ;
if such person have a family, and be judged unable, by the captain and
major part of the selectmen, to lay down such value for the end afore-

[1st Sess.] Peovince Laws. — 1693-4. 131

said, then lie shall be provided for out of the town stock, or by ai-ms
procured at the town's charge, until such time as he be judged able to
provide for himself, and such anus to be under the care of the chief
military officer and the selectmen of the town.

[Sect. 17.] That drums, drummers, trumpets, trumpeters, colours How drums,
and banners be, by the commission officers of each troop or company, are°to^ be pro-
provided at the charge of the respective companies and troops, where "vided.
they are not already provided, and the fines will not reach to procure
the same ; and that such as have been imployed as drummers or trump-
eters, or are fit and capable thereof, being appointed unto such service
by the chief officer of any company or troop, shall attend the service,
on penalty of forty shillings fine ; and every drummer for a year's ser-
vice shall have twenty slnllings if he find his own drum, and ten shil-
Hngs if the captain finds the drum ; and a trumpeter forty shilHngs^ a
year if he finds his own ti'umpet, and twenty shillings if the captain
find it.

[Sect. 18.] That such meet person as by the commission officers of F*^?^^*^ ^°^ ^^'
any company or troop shall be appointed clerk, and shall refuse to a"s^de^k. ^
serA^e, shall pay forty shillings fine, and another be chosen in his room,
and so mitii one do accept ; wliich person shall be under oath for the
faithful discharge of his office, to be administred unto him by a justice
of peace, in the same county, in the words following :

You do swear truly to perform the office of clerk of tlie military company Oath,
under the command of A. B., captain, to the utmost of your skill and power, in
all things appertaining to your office, according to law : So help you God.

And for every distraint made for any fine not exceeding forty shillings, Allowance.
he shall have one-quarter part for his pains and trouble. And for such note^, ^' *"'
fines he may distrain ex officio; and in distraming shall observe such
rules as the law hath provided in other cases ; and upon ten days' notice
shall account with and pay to the captain or chief officer what fines he
hath received, his own part being deducted.

[Sect. 10.] The chief military officer of each regiment, as often as ^^^l^^plc'Ss^of
he shall see cause, shall require the captain or chief officer of each the regiment,
company in his regiment to meet at such time and place as he shall
appoint, and then with them to confer and give in charge such orders
as shall by them or major part of them be judged meet, for the better
ordering and setling their several companies, and for the better pro-
moting of militaiy discipHne amongst them. And the chief officer is Their power,
hereby impowred, by his warrant directed to any clerk or officer of his
regiment, to summon or cause to be brought before them any offender
against the laws military, and according to law to hear and determine
ail matters proper for their cognizance, and to give sentence, and to
grant 7nittimiis or warrants for distraint to the clerk of the company
where the offijnce is committed, for executing which warrant, if above
forty shillings, he shall have ten shilHngs out of the same for his pains
and trouble therein, and no more.

[Sect. 20.] That there be a stock of powder and ammunition in J^^uf^fon °^
each town provided, and, from time to time as there is need, be renewed &c.
by the selectmen ; which shall be a barrel of good powder, two hun-
dred weight of bullets and three hundred flints, for every sixty listed
souldiers, and after that proportion for the listed souldiers of each town,
whether more or less ; also that the selectmen procure such a number
of arms and so much ammunition as shall be made appear by the chief
commission officers of each company in the several towns to be needful
for the supply of such poor as by law they are to provide for. And Penalty for be-
such town as cannot make it appear to the chief commander of the "^suiiprovi
regiment that they are thus provided, at or before the first of May
next, shall pay five pounds fine, which shall be distrained by warrant

132 Peovince Laws.— 1693-4. [Chap. 3.]

from said officer, directed unto the constable, upon the selectmen of the
town, or any of them, and disj^osed of for the use of said town towards
the supply of such stock ; and the like sum for every three months
they shall remain so unprovided.
Selectmen to fSECT. 21.1 And the selectmen, where there is not a suiEcient stock

make a rate for r,'- -, -^ -, ... t • i ^^ i .i .

buying of am- 01 powder, arms and ammunition, and m such towns where there is
munition, &c., need of watcli-houses, firing and candles for their watches, in such case
lOAUeii, 581, the selectmen, for so much as is wanting, are to procure or satisfy what
is required or needed as before, shall make provision for the same by a
rate equally and justly laid u23on the inhabitants and estate in such
towns, and such rate signed and committed by them to the constables
to collect, who shall, and hereby are required and authorized to collect
the same ; and for non-payment, to distrain as for other rates ; and the
money or pay collected to be brought into the chief military officers
and selectmen of the town, to be by them improved for the ends afore-
Penaityforneg- said. And the selectmen, or so many of them as shall neglect their
^^^^' duty herein, shall ^^ay twenty shillings fine, to be paid to the captain

for the use of the comjDany, being convict before two justices of the
peace, who are hereby impowred to convent the party, and to hear and
determin the same, and if need be, to appoint other meet jjersons in
such towns, under the like penalties, to perfonn said service.
nit''to^is''S [►'^ECT. 22.] That no clerk, ex officio, make distraint for any fine until
within four four days after the offence committed ; that so the party may have
*^*^®' opportunity to make excuse, if any he have, why he should not pay the

Penalty for his fine ; and every clerk that neglects or refuses to account or make pay-
coun^t^ &C.*' ^'^' ment, as by this law is provided, he by a warrant from the chief officer
of the company directed to the constable, may be distrained on for so
much as he hath or should have collected or distrained for.
Penalty for of- [Sect. 23.1 That all officers yeild obedience to the warrants or com-
ing their supe- iiiaiids of their suj^criour officers, on penalty of five pounds; to be heard
nor officers. r^^^^^ determined at the next meeting of the chief officers and captains
of the regiment ; and the fine to bo taken by distress and sale of the
oflinider's goods, — returning the overjolus, if any be, — by warrant from
the chief officer of the regiment, directed to the clerk of the company
to which such offender belongs, and to be improved to the use and
benefit of such company, as the officers so met shall agree, their
expences being first defrayed out of the same.
Alarm, [Sect. 24.] That an alarm at the castle upon Castle Island, near

Boston, being made upon such causes as are agreeable to instructions
to be given by the governour to the captain of the castle, shall be by
putting out two flaggs, and firing of two guns towards the town ; at
which time there shall, with all possible speed, such numbers be sent
down for their relief as the governour and captain-general, or such
person as shall be commander-in-chief in his absence, shall think neces-
sary. At any other place an alarm may be made by firing three guns,
one after another, or by firing a beacon, their drums beating an alanu,
all persons being called upon to arm; upon which all the trained
souldiers, and others capable to bear arms, that are then resident in any
town, sliall forthwith ajjpcar compleat with their arms and ammunition
according to law, at the usual place of rendevouz, or where the chief
officers shall appoint, there to attend such commands as shall bo given
Penalty for not fov their majesties' service, and that on the penalty of five pounds fine,
an alarm*! or three months imprisonment : the members of the council, justices

and sheriffs to attend upon the governour, if at or near Boston, and in
other places to appear and advise with the chief military officers of the
town, and to be assisting in their majesties' service according to their
quality ; and such alarms shall at all times be carried on from neigh-
bourhood to neighbourhood, and from town to town throughout the
province ; and from such town where the alarm is made there shall be

[1st Sess.] Province Laws, — 1693-4. 133

forthwith clispatch'd one or more horsemen, to signify the occasion

thereof to the justice of peace, chief military officer or constable of the

next town or towns, which all persons are to take notice of and attend

as is before directed. And if the alarm be made either from a seaport Relief be sent

town or other town that lies a frontier to or in great danger of the ^^ frontiers.

enemy, the captain or captains of the adjacent toAvns shall forthwith go

with or send such relief as they shall judge meet for the offence of the

enemy, or defence of themselves and neighbours, but so as to be

observant to any commands or ordei'S they may receive from their

superiour officers. And if any jDcrson shall wilfully make a false alarm. Penalty for a

he shall be fined to their majesties twenty pounds, for supjDort of the ^^^^^ alarm.

government, or suffer six months' imiorisonment.

[Sect. 25.] No officer, military or civil, or other person, shall quar- penalty for
ter or billet any souldier or seaman upon any inhabitant within this quartering
province, without his consent (other than the jmblique licensed houses), upon iniiabi-'
under the penalty of one hundred pounds, to be recovered by action, *^"*^'
bill, plaint or ii]Jbrmation, in any court of record, one-half to their
majesties, for the support of the government, the other half part to the
party grieved that shall inform and sue for the same. And every such
inhabitant may refuse to quarter any souldier or seaman, notwithstand-
ing any order Avhatsoever.

[Sect. 26.] That all persons exempted by this law from trainings
shall, notwithstanding, be provided with arms and ammunition com-
pleat, upon the same penalty as those that are obliged to train,

[Sect. 27.] All fines, penalties and forfeitures arising by virtue of Fines and for-
this act, or any breach thereof (not otherwise disposed of herein), bedispos^dlind
shall be for the use of the regiment, company, or troop respectivelj'" ; recovered,
that is to say, for jDrocuring and repairing di'ums, trximpets, colours, ban-
ners, halberts, paying of drummers and trumpeters, or other charge of
said company, and the ovciidIus (if any be), to be laid out in arms and
ammunition for a town stock, and be recovered by action, bill, plaint or
information in any of their majesties' courts of record. [^jPassed JVbvem-
ber 22 ; publis/ied November 29,

CHAPTEE 4.

AN ACT FOR LEVYING SOULDIERS,

For the more speedy levying of souldiers for their majesties' service,
and the better to prevent disappointments through default in any
improved therein, or by the non-appearance of such as shall be appointed
to said service, —

Be it enacted by His Excellency the Governour, Council and Repre-
sentatives in General Court assembled, and by the authority of the
same,

[Sect. 1.] That every person liable and fit for service, being orderly penalty for not
detached or impressed for their majesties' service, by virtue of a warrant attending, upon
from the captain or chief officer of the company or troop whereto he ^"^"^p^^®**
belongs, and being touched or commanded in their majesties' name to
attend said service, shall, by himself or other meet person in his room
(to the acceptance of his captain or chief officer), attend the same at
time and place appointed, on pain of suffering three months' imprison-
ment, to be committed by mittimus from any justice of the peace, or
chief officer of the company, where no justice of the peace is in the
town, upon conviction of such neglect, unless such person, within the sj^ace
of two hours next after his being impressed, shall j^ay down to his cap-

134 Province Laws.— 1693-4. [Chap. 4.]

tain or chief officer that granted the warrant the sum of five i50unds,
to be imi^roved for the procuring and fitting out of suitable persons on
that present service, if timely to be had ; or otherwise to be remitted
by said officer unto the treasurer or selectmen of the town where such
person dwells, to the use of said town, for and towards a stock of arms
Fine, how to be and ammunition. And all persons so paying the said fine of five
employed. pounds shall be esteemed to have served, and be no further or other-

wise liable to any after impress than those that actually go forth in
service at that time.
Penalty for of- [Sect. 2.] Evcry chief officer of a regiment who shall neglect or
sendfng^lut^*^^ 1^0* do his utmost to scud forth liis warrants seasonably for the detach-
warrants. ing or imj^ressing so many men as shall be required, shall pay twenty

jDOunds fine ; and every captain, or other chief officer of any comjDany
or troop, that shall not use his utmost endeavor according to warrant to
him directed, to detach or imj^ress or cause to be detached or imj^ressed,
and have so many men at the place of randevouz, in time as by warrant
Penalty for not is required, shall pay ten jDounds fine; and every officer or souldier
ranlsoHmpTess that shall receive a warrant from his captain or chief officer for the
^°- detaching or impressing of men shall forthwith attend and perform the

Penalty on per- Same On pain of fivo pouiids fine ; and all persons are required to be
assfst iu'exfcu^ aiding and assisting to him in the execution of such warrant on [^fJie]
tiou thereof. penalty of forty shillings ; the said fines or sums of money respectively
to be unto their majesties for and towards the support of the govern-
ment, and to be recovered by bill, plaint or information in any court
of record.

And be it further enacted hy the authority aforesaid^
Penalty on per- [Sect. 3.] That all souldiers shall be in pay from the time of their
thelmpress!^ being detached or impressed till they be orderly discharged, and have
and any further- reasonable time allowed them to repair to their usual places of abode.
^ ' And if any person, directly or indirectly, by counsel or otherwise, pre-
vent the impressing, conceal any person impressed, or knowingly fur-
ther his escape, such person shall pay as a fine forty shillings. And all
persons lawfully impowi'ed to press may pursue any person that hides
from the press or makes his escape, and may by himself or deputy
impress such person in any place within the province. And if any
impressed for their majesties' service shall remove or go out of the prov-
ince and not attend the service as required, such person at his return
shall be apprehended by warrant from any justice of the peace, and by
him committed to the common goal of the county where he shall be
taken, to suffijr three months' imprisonment, and before he be released
shall also pay a fine of five pounds, to the use of the town whereto he
belonged at the time of his impressing.
Persons author- [Sect. 4.] If any person authorized to detach or levy souldiers for
ized to impress, ^^i^^jj. maiesties' scrvice shall exact or take any reward to discharg-e or

not to CllSCuarge '> ., ^ ^■^ r- c • • 11

or spare any for spare any from said service, he shall lorieit ten times so much as he
reward. shall SO exact or take, one moiety thereof unto their majesties for and

toAvards the support of the government, and the other moiety to him
or them that shall inform and sue for the same by action, bill, plaint or
information in any court of record.
Felony for any [Sect. 5.] No souldicr retained in their majesties' service and borne
deseiThis^post. i^^ their pay, in garrison or otherwise, shall depart without licence of his
commander, on pain of being proceeded against as a felon, and shall
Justice of the suflcr the pains of death; and every justice of peace within his pre-
peace to appre- q[i^q^ jg hereby authorized and required to cause all such deserters or
&c. ' runaway soldiers Avhich he shall know or be informed of, to be appre-

hended and secured, in order to tryal at the next assizes to be holden
for the same county where they shall be taken.

[1st Sess.] Province Laws. — 1693-4. 135

And further it is enacted^

[Sect. 6.] That all such souldiers and seamen that have been Pensioners,
wounded in their majesties' service within this province, and are thereby
maimed or otherwise disabled, and had yearly pensions allowed them
by the former government for their relief, shall have the continuance of
the same (during their abode in this i")rovince), to be paid them out of
the publick treasury. And all such souldiers and seamen as, at any time
hereafter, shall be maimed or otherwise disabled by any wound received
in their majesties' service within this province, shall be relieved out of
the publick treasury, as this great and general court shall order. ^

[Sect. 7.] If any souldier shall lose his arms in their majesties' ser- Loss of arms,
vice, not through his own neglect or default, such loss shall be borne by
the publick ; and in case any souldier be furnished with arras for any
expedition in said seiwicc, he shall allow out of his wages fourpence per Allowance for
week for the same, and return such anns, or otherwise pay the value use of arms,
thereof

[Sect. 8.] Every captain or other chief officer that dismisseth any Penalty for dis-
person retained and assumeth another, for gain, such captain or other ™!^|^QS^g"^jn.
chief officer shall forfeit twenty pounds to their majesties, for and towards edTassunSng
the support of the government, to be recovered as aforesaid : iwomded^ g^^n!^^"^ ^"^
that this act nor any clause or article thereof shall continue in force
any longer than the present war with the French, anything therein
contained to the contrary thereof notwithstanding. \_Passed Novenriber
23 ; published November 29.

CHAPTER 5.

AN ACT FOR PUTTING AND KEEPING IN REPAIR THE TOWN HOUSE IN

BOSTON.

WnEEEAS the town house in Boston, within the county of Suffi^lk,
has formerly been, and is still continued to be made use of for the
holding of councils, courts of judicature and other publick assemblies
for the whole province, and has been accustomed to be upheld and
repaired in part at the charge of the late colony of the Massachusetts,
part at the charge of the said county, and part at the charge of the
said town, —

Be it enacted by the Governom\ Council and Mepresentatives in Gen-
eral Court assembled, aiid by the authority of the same.

That the charges of repairing the said house be from time to time Charge of re-
continued, to be answered and paid in proportion following ; that is to town"fouse in
say, one-half part thereof out of the publick revenue of the province, Bostoji propor-
one-quarter part out of the treasury of the said county, and the other
quarter part out of the treasury of the said town. And the selectmen
of Boston, from time to time, as there shall be need, are to take care
that the said house be sufficiently repaired, and to lay the accompt of
the charge before the governour and council, as also before the justices
in quarter sessions, that so orders may be respectively given as well for
payment of the part thereof belonging to the province, as that belong-
ing to the county, according to this act. [^Passed November 25 ; p)ub-
lished November 29.

136 Province Laws.— 1693-4. [Chap. 6.]

CHAPTER 6.

AN ACT FOR HIGHWAYES.

For the better amending and keeping in repair and clear the high-
wayes and common roads, leading from town to town and place to
place, and for laying out new highwayes, and turning old highwayes
where it shall be needful, —

Se it enacted by the Govemour, Council and Itepresentatives in Gen-
eral Court assembled, and by the authority of the same.
Surveyors of [Sect. 1.] That there be anmially chosen two or more freeholders

be^annuaiiy" in each town respectively within this province, to be surveyors of the
ciK)sen&sworn highwayes, who shall be sworn before some justice of the peace in the
i2Aiien~5i38. couuty, diligently and faithfully to perform the said office for the year
37 Mamc, 459. ensuing ; which surveyors shall take care that all highwayes, private
wayes, causeys and bridges, lying within the precincts of such town,
be kept in repair, and amended from time to time, when and so often
as shall be needful, at the charge of such town (where it is not other-
wise setled), that so they may be safe and convenient for travellers,
Kieir power, tcems and drovers ; and the surveyors are hereby impowred to cut
down, dig up, or remove, as well all sorts of trees, bushes, stones, fences,
rayles, gates, inclosures or other thing or things, as may any wayes
streighten, hurt, liinder or incommode the highwayes ; as also to dig
for stone or gravel, clay, marl, sand or earth, in any land not planted
or inclosed, and to j^ress any carriage, workmen or other things fit to
be employed in the highwayes, for such reasonable satisfaction to the
parties concerned as such surveyors can agree for ; and in case of dis-
agreement, such as the two next justices shall appoint.
Surveyors to [Sect. 2.] And the surveyers shall appoint certain dayes for pro-

ncTticeforwork- "hiding materials, and working in the highwayes, having respect to
ingonthebigh- the season of the year and the weather, and giving convenient publick
"^^^^^ notice ; at which dayes, all persons liable to work (that is to say, from

sixteen years old and upward), by themselves or other sufficient per-
Penaity of non- SOUS in their stead, shall attend; and if any person make default of
attendance, attending the said work, by himself or other sufficient person in his
stead, or with his cart and teem, as he shall be appointed, upon com-
plaint and proof thereof before the next justice of i)eace (without
reasonable excuse made and allowed by such justice), he shall cause to
be levyed of every such offender's goods the sum or penalty of two
shilHngs sixpence for each daye's neglect of labour, besides the charge
of making distress ; and for default of their cart and teem six shillings
per diem., with charge of distress as aforesaid.

And further it is enacted by the authority aforesaid,
Quarter ses- [Sect. 3.] That where a new highway or common road from town

ordOTfor^/aying ^^ town, Or i)lace to placc, shall be wanting, and where old wayes with
out new high- more convenicncy may be turned or altered, upon application made to
ing^oid'^onesf" the justices in quarter sessions, within the same county, the said court
may appoint a committee of two or three sufficient freeholders of the
next towns, who shall have most occasion of said way, to inquire into
the necessity and conveniency thereof, and to make their report there-
on ; and being judged to be of common necessity or conveniency, the
justices of said court shall order a warrant to the sheriff or his deputy
to summon a jury out of the next towns, to meet at some convenient
day and place therein mentioned, to view and lay out such highwayes
or roads, who shall have an oath administred unto them by a justice of
peace, to lay out such way according to the best of their skill and judg-
ment, with most conveniency to the publick and least prejudice or

[1st Sess.] Province Laws. — 1693-4. I37

damage to any particular person ; which having done, the sheriff or his
de])uty is to make return thereof at the next court of quarter sessions
of the county where the same way is, as well under his own as the
hands of the jurors by whose oath the same is laid out, to the end the
same may be allowed and recorded, and after known for a publick
higliway : 2^>'0vided that, if any person be thereby damaged in his Damage in
propriety or improved grounds, the town shall make him reasonable be^raadeTood.
satisfliction by the estimation of those that laid out the same ; and if
such person so damaged find himself agrieved by any act or thing done
by the jury, either in laying of the said way or estimate of his dam-
ages, he may ap2:)ly unto the court of quarter sessions for relief, before
any allowance or determination be made by them, who are hereby im-
powred to hear and determine the same ; but if no sufficient cause
ajapear for complaint, he shall pay all charges arising thereby.

And be it further enacted^

[Sect, 4.] That the selectmen of each town respectively be and Selectmen's
hereby are impowred, by themselves or others whom they shall appoint, ourprivate^
to lay out or cause to be laid out, particular and jDrivate wayes, for such ^''^y^-
town only, as shall be thought necessary, so as no damage be done to
any j^articular person in his land or propriety without due recompence Recompensefor
to be made by the town, as the selectmen and the party interested ^^'^'^se.
may agree, or as shall be ordered by the justices in quarter sessions
upon inqiiiry into the same by a jury to be summoned for that purpose.

And it is farther enacted,

[Sect. 5.] That if any person or persons shall erect or set up any Nuisance upon
gates, rayles or fence upon or across any highway or country road, or removed! *° ^^
continue any such to the annoyance and incumbrance of the same
(other than such as shall be allowed by the court of quarter sessions
within the county), it shall be deemed a common nusance, and it shall
be lawful for any person or persons to pull down and remove the same ;
and if any such incumbrance be in any particular or private way, allowecl
and setled by any town, upon complaint thereof made to the next jus-
tice of the peace he shall appoint a committee of two or more discreet
and indifferent persons to view such incumbrance and cause the same
to be removed ; and if any person be agrieved at the removal of any
such gate, bars or fence, he shall bo heard at the quarter sessions within
the same county, and upon just cause shown shall be by them relieved.

And be it further enacted by the authority aforesaid,

[Sect. 6.] That if, through neglect or not keeping in sufficient Damage hap-
repair any higliway, causey way, or bridge, any person happen to lose his defects iu'^ways
life in passing any such highway, causeyway, or bridge, or lose a limb, ? p'^",'^se®^
break a bone, or receive any bruise or breach in any part of his body,
through any defect in or want of necessary repair of such highway,
causeyway, or bridge, the county or town respectively to which of right
it belongs to maintain and keep the same in repair, having been warned
or notified of such defect and need of repairs, and amendment thereof,
either in w^riting, under the hand of two witnesses, or by i^resentment
thereof made at the sessions of the peace, shall pay unto the parents,
husband, wife, children, or next of kin to any jierson so losing his or
her life the sum of one hundred pounds ; and for any other harm as
aforesaid double the damage sustained thereby ; to be ordered and set
upon them by the justices of the same county, in quarter sessions, who
are hereby impowred thereto, and to render like recompence for any
carriage, cart, horse or other beast banned or lost, proportionable to
the damage suffered.

[Sect. 7.] And if any person chosen a surveyer shall refuse to Penalty on sur-
accept and take his oath, he shall forfeit twenty shillings ; and, having ^ accept^o"/"*^
accepted, do neglect his duty, shall forfeit for every neglect five neglecting their
pounds; the said forfeitures respectively to be to the use of the ^^^^'

138

Province Laws. — 1693-4.

[Chap. 7.]

town, and to be recovered by complaint before the next justice of
peace, or at the sessions of the peace in the same county.

[Sect. 8.] No person to be charged above a due proportion to the
highwayes, either in labour or teems. [-Passec? I)ecernber 6; pub-
lished jDecember 9.

CHAPTER 7.

AN ACT FOR REGULATING OF FENCES, CATTLE, &c.

Pence-viewers
to be chosen &
sworn.
6 Mass. 93.
IG Mass. 35.

Haywards or
field-drivers.

Fences of 4 foot
high to be ac-
counted suffi-
cient.

Penalty for not
repairing insuf-
ficient fence,

—how to be
recovered.

None but pro-
prietors and
freeholders to
have any horse
run to feed on
the common.

Horses going on
the common to
be entered with
the town clerk.

For the better j)reventing of damage in corn-fields, and other
improved and common lands, by horses, neat cattle, sheep, or swine,
going at large, —

He it enacted by the Governour, Council and Heiyresentatives in Geiv-
eral Court assetnbled^ and by the authority of the same,

[Sect. 1.] That in every town and peculiar within this province
there be annually chosen by the inhabitants thereof (at the time of
their meeting to choose selectmen and other town officers), two or
more meet persons to be viewers of fences, who shall be sworn before
a justice of peace to the faithful discharge of their office, in the partic-
ulars committed to their care by this act ; as also two or more persons
for hawards or field drivers ; and that all fences of four foot high, being
of five rayles, or four that are equivalent, boards, stone Avail, brooks,
rivers, ponds or creeks, equivalent thereto in the judgment of the fence
viewers, shall be accounted sufficient fences. And all fences in com-
mon fields, and other grounds under improvement, that shall be judged
insufficient by the fence viewers, and notice thereof given to the party
that of right ought to maintain the same, he shall sufficiently repair and
amend all defects therein within the space of six dayes next after such
notice given him ; and in case of his neglect, the fence viewers are
hereby imiDowred and ordered forthwith to cause such defective fence
or fences to be sufficiently made up and repaired, and the j^erson or
joersons to whom it belongs to make good such fence shall j^ay double
the cost and charge expended for doing of the same. Alid in case of
refusal or neglect to make payment, as aforesaid, by the space of one
month next after an accompt presented and demand thereof made, such
fence viewers may recover the same by action, plaint or information, to
be brought before any justice of the j^eace within the same county, if
the sum exceed not forty shillings ; but if it be above that sum, then
in the inferiour court of common j^leas.

And it is further enacted by the authority aforesaid,

[Sect. 2.] That no persons other than proprietors and freeholders
in any town or j^eculiar, shall let any horse or horse-kind run to feed
upon any common land belonging to such town or jDeculiar, and every
such j)roprietor and freeholder may keep one horse-beast upon the
common, and no more, except such proprietors and freeholders every of
whom have a ratable estate within such town or peculiar of the value
of fifty pounds, they to have the priviledge of two, and no more.

[Sect. 3.] And the owners of all horse-kind going upon the com-
mon are required to cause the same to be entred with the town clerk,
who is to keep a book for that jjurpose, and therein set down as well
the[ir] natural as artificial marks, and for eveiy such horse or horse-
kind shall jDay a fee of threepence to the clerk for his entry ; such
entry to be made at or before the tenth day of Aj^ril next, and so
annually, on pain that every person neglecting so to do shall forfeit and
pay the sum of ten shillings for each default. And if any freeholder

[1st Sess.] Protince Laws. — 1693-4. 139

01' proprietor shall desire to put more horses upon the common than is
herein before allowed, he shall first repair to the town clerk, and make
entry of the number and marks thereof, as aforesaid, and pay the fee as
aforesaid for every such entry, as also the sum of five shillings per head
per annum, to the use of the proprietors of such commons, on pain of
forfeiting the sum of ten shillings jDcr head for such neglect.

[Sect. 4.] And every town and peculiar within this j^rovince are Persons to be
required to choose annually two meet persons to see to the due observ- fo see^o the^^"^
ance of this act relating to horses, and to prosecute the breakers observance of
thereof. And if any person so chosen shall refuse to serve, or neglect *^'® ^'^*"
his duty in any of the particulars herein committed to his care, he shall
forfeit and pay the sum of twenty shillings to the use of such town.

[Sect. 5.] And the town clerk of each town respectively shall, once Town clerk to
in the year, give an account and pay in to the selectmen of the town so account
much as he shall receive by virtue of this act for any horse-kind going ""* ^"
upon the common.

[Sect. 6.] All penalties and forfeitures arising for breach of this Penalties &for-
act, relating to horses going upon the common, shall be one moiety be^^sposedT *°
thereof unto the use of the persons to be appointed to see to the
observance of this act, and the other moiety to him or them that shall
inform and sue for the same before any justice of the jDcace within the
county.

And be it further enacted hy the authority aforesaid^

[Sect. 7.] That all swine going at large on the commons shall be Swine to be
sufficiently yoked, from the first of April to the fifteenth of October, riiige^!'^^*^
yearly, and ringed in the nose all the year. And if any swine be found
unyoked or unringed, their owners shall be liable to pay sixpence per
head ; and if found damage feasant being unyoked or unringed, to pay
twelvepence per head, over and above double damages to the party
injured. And the haward or field driver, or any other person, may
take up and impound such swine.

[Sect. 8.] And that there be paid vmto the haward or field driver Fee for im-
one shilling per head for all neat cattle or horses, and threeiDcnce per PO'iii<^°s-
head for all sheep and swine by him impounded ; and to the jjound-
keeper twopence per head for all neat cattle or horses, and one penny
per head for all sheep or swine, for taking in and letting out, to be paid
by the owners of such creatures.

[Sect. 9.] And that, for every sheep in every town going on the Penalty for
commons without being under the hands of a shepherd, from the first the co^nou°°
of May to the last of October in every year, the owner or keeper of without e
the said sheep shall pay the sum of threepence for ev^ry sheep at any ^^P^'"'
time so found running on the common, not under the hand of a shep-
herd or keeper, betwixt the first of May and last of October yearly.
\Passed December 1 j picblished December 9.

CHAPTER 8.

AN ACT FOR ENABLING THE TREASURER TO CALL IN THE ARREARS OF
PUBLICK RATES, AND DISCHARGING OF PUBLICK DEBTS.

Whereas, by an act made by this court in the year one thousand
six hundred ninety-two, in the first sessions, entituled, "An Act for the 1C92-3, cbap. 2.
enforcing, collecting, and pajdng in the arrears of publick assessments,
&c.," the constables and collectors were thereby enabled to collect said
assessments, and ordered to accompt with and make jDayments unto the
respective treasurers, and, for defect, to be distrained, as by said act

140

Province Laws. — 1693-4.

[Chap. 8.]

Constables or
collectors to
account for &
pay'in the
arrears.

Upon neglect
the treasurer
to grant war-
rants for dis-
tress.

Treasurer or-
dered to make
payment of
debts.

The executor or
administrator
of any deceased
Constable, &c.,
liable in case.

Committee to
receive allega-
tions or pleas
for abatement.

doth more fully ai^pcar, notwithstanding which many constables and
collectors have neglected to accompt with and pay to the respective
treasm-ers, as by said act they were enjoyned, yet for such their neglect
have not been proceeded with as said law hath directed ; by reason
whereof great sums remain uncollected, and many persons unpaid their
just dues, —

Be it therefore enacted hy the Governow\ Council and Represeyxta-
tives in General Court assemhled, and by the authority of the same,

[Sect. 1.] That all constables or collectors that have had any tax or
publick assessment committed to them to collect in any tow^n, village, or
precinct within the late colonies of the Massachusetts or Plimouth, since
the first of October, one thousand six hundred eighty-nine, until the
arrival of his excellency the governour, do foi'thwith accompt with
and i^ay to the treasurer of the jirovince so much of such taxes or
assessments as is in their hands, or that they have not already paid or
orderly discharged themselves of; which if they shall neglect or refuse to
do, the treasurer is hereby impowred and required to issue out w^arrants,
for so much as they have not paid or discharged themselves of as afore-
said, directed unto the sheriff of the county where any such defective
constable or collector dwells, requiring him to levy all such arrears by
distress and sale of such constable or collector's estate, real or personal,
returning the overplus (if any be) ; and if no estate can be fou.nd, or
not sufiicient to discharge the same, then to commit him or them unto
the goal of the county, there to remain until he or they have paid and
satisfyed such arrears, with charges : excejit any constable or collector,
as the treasurer, by order of the governour and council, shall be directed
to forbear, either for the whole or part, in order to his procuring an
abatement, as this act hath hereafter provided.

[Sect. 2.] And the treasurer is hereby ordered, out of the arrears of
the whole assessments, whether on the late colonies of the Massachu-
setts or Plimouth, or that have been laid on the province, to pay all such
debts, due from the said colonies respectively, or from the province, as
have been allowed by the former governments, or by the governour and
council, or that have been or shall be allowed by such committees as
have been or shall be appointed for such end.

[Sect. 3.] And where any constables or collectors in any town are
dead, and have not adjusted the accompts of the assessments committed
unto them respectively, the treasurer is hereby impowred to bring his
siite against the executor or administrator of such deceased constable
or collector, for the same or what shall appear to be due.

And forasmuch as divers constables have informed that they have
been disabled from collecting the rates committed to them to collect
before his excellency the governour's arrival, or the greatest part of
them, by reason of the breaking up of some towns, in whole or in jiart,
or by the death or removal of divei-s persons, or by the selectmen's
rating some persons that are brought into extream poverty by reason
of the war, and others that never were able to pay, —

Be it therefore ordered and enacted hy the authority aforesaid,

[Sect. 4.] That all such towns, constables or collectors that desire or
expect any ease or abatement for or by reason of any of the above-named
particulars, or have any other just cause to alledge for the same, do, by
themselves or by some meet person in their behalf, aj^pear at Boston, at
or before the twenty-fifth day of March next, before John Phillips and
Peter Sergeant, Esqs., Captain Nathaniel Byfield, Major Penn Town-
send and Mr. Edward Bromfield, or any four of them, who are hereby
appointed and impowred to be a committee for the receiving and hear-
ing of the allegations, pleas or proofs as may be ofiered for any such
allowance or abatement to be made as aforesaid, and to report the same
unto this court at their next session, that so they may give order therein

[1st Sess.] Province Laws. — 1693-4. 141

as to them shall api^ear just and reasonable. And, for so much as shall
not be by said court allowed and abated, the treasurer shall forthwith
issue out his warrants as afoi'esaid to levy the same by distress and sale
of the estate of such constables or collectors as were before indulged
and forborn.

Also, it having been made to appear that several warrants issued out
by the late treasurer of the province for making or collecting of the tax
since his excellency the govcrnour's ari'ival have ixuscarried, —

Be it therefore enacted.,

[Sect. 5.] That the treasurer forthwith issue out new wan-ants to Treasurer to
such towns and places, for such sum or sums the other were sent out warrants where
for, which all selectmen are forthwith to assess, and constables or col- the former imvo
lectors to collect, by such rules and under such penalties as by the law
relating to said tax were made and injoyned.

And ichereas the treasurer hath been ordered to make payment of
what remains due, to several persons that lent their bills of credit to
this province in or about June or July, one thousand six hundred
ninety-two, many whereof have been or may be longer unpaid than the
tune they were promised payment in, —

JBe it therefore enacted.,

[Sect. 6.] That such as are not already j^aid (discounting what they Allowance to
owe to the province), shall be allowed for what is due to them by the their tfius?*
treasurer, after the rate of six per cent j^er annum, for the value lent,
from the expiration of the time they lent the same for, until they be
paid or accept of the treasurer's order for payment of the same.

And he it further enacted by the authority aforesaid.,

[Sect. 7.] That all constables or collectors shall duely pay and Penalty on con-
answer all orders coming from the treasurer, out of the pubHck moneys lectors that
in their hands, which they shall have collected for any pubUck tax or '"^''^fee'to^ha^^.^
assessment, committed or hereafter to be committed unto them to col- ten payment.
lect, and that without delay. And if any constable or collector shall
require, exact, receive, or take any fee, reward, allowance or abatement,
directly or indirectly, from any person or joersons, to hasten or forward
his or their payment, and be thereof convicted, upon complaint or
infoiTuation brotight before the sessions of the peace within the same
county, such constable or collector shall forfeit and pay the sum of five
pounds over and above the sum so taken, one-half thereof unto their
majesties, towards the support of the government, and the other half
to him or them that shall inform and prosecute for the same. \Passed
December 6, 1693.

CHAPTER 9.

AN ACT FOR BRISTOL FAIR.

Whereas the general court of the late colony of New Plimouth
did, in the year of our Lord one thousand six hundred and eighty,
grant unto the inhabitants of the town of Bristol, within said colony,
that they should have liberty of keeping two fairs in said town of
Bristol, annually, for ever : one upon the third "Wednesday and Thurs-
day in May, and the other upon the third "Wednesday and Thursday in
November; and it being found by experience that two days is not
sufficient for the transacting the business of said fair, and that so late
in November is inconvcn,ient, both with respect to persons coming, it
being many times very bad weather, and the chief lime for selling fat
cattle being sooner, —

142 Peovince Laws.— 1693-4. [Chap. 10.]

Be it therefore enacted hy the Governour, Council and Representa-
tives convened in Great and General Court, and it is hereby enacted
by the authority of the same,
Times for hold- That from henceforth the said fair shall be kept and held in Bristol
ing Bristol fair. aforegai(;"[^ Avithin this i^rovince, upon the third Wednesday, Thursday
and Friday in May, and on the third Wednesday, Thursday and Friday
in October, annually, forever, and at no other time, any law, custom or
usage to the contrary notwithstanding. [Passed December 7 ; pub-
lished December 9.

CHAPTER 10.

AN ACT FOR THE REGULATION OF SEAMEN.

Whereas great loss and damage is frequently occasioned to trade
and navigation by seamen deserting their imploy or voyage they are
entred upon, or being taken off from the same by arrest and restraint
for debt, or pretence thereof; for remedy whereof, —

It is declared and enacted by the Governour, Council and Repre-
sentatives in General Court assembled, and by the authority of the
same.
No mariner or [Sect. 1.] That if any innkeeper, victualler, seller of wine or strong
arr™tedfor'any liq^ors, shopkeeper, or any other person whatsover, shall trust or give
debt made credit to any mariner or seaman belonging to any shij^ or other vessel,
longs to a ship, without the knowledge and allowance of the master or commander
*="• thereof, no process or attachment, for any debt so contracted without

knowledge and allowance as aforesaid, shall be granted against or
served iipon such mariner or seaman, until he shall have jierformed the
voyage he is then entred upon, and be discharged of the same. And
every process granted contrary hereunto, and serving thereof, shall be
deemed and adjudged utterly void in law. And any justice of the
peace, within the same county, before whom it shall be made appear
that any maiiner or seaman belonging to any ship or vessel is committed
or restrained, upon process granted for any debt or pretention of debt
made whilst such mariner or seaman was engaged and actually entred
and in pay on any voyage, shall forthwith order his release.
And be it further enacted by the authority aforesaid.
Penalty on [Sect. 2.] That if the master or commander of any ship or other

ping seamen' vessel shall ship any seaman, knowing him to be first entertained and
first enter- ship't On board another ship or vessel, or, after notice thereof given him,
board an" ther shall not forthwith dismiss him, every such master or commander so
ship, &c. offending, being thereof convicted, shall forfeit and pay the sum of five

pounds, one moiety thereof to the use of the jioor of the town where
the offence was committed, and the other moiety to him or them that
shall inform and sue for the same by action, bill, plaint or infonnation
Seamen's in any court of record; and such seaman so shiping himself shall

penalty. forfeit and pay the value of one month's wages that he shall so agree

for, to be recovered, imployed and disposed of in manner as aforesaid.
Ajid further it is enacted,
Seamen desert- [Sect. 3.] That if any mariner or seaman, having ship't himself on
to1)e\^mprTs-^'^^ board any ship or other vessel to proceed in any voyage, and under pay
oned. (the same being made apjiear by his hand set to the master's book or

other writing of such agreement), shall neglect his attendance and duty
on board, and absent himself from his said service, uiDon complaint
thereof made to any justice of the peace within the same county, such jus-
tice is hereby impowi'cd to convent such mariner or seaman before liim,

[1st Sess.] Province Laws. — 1693-4. 143

and, upon conviction of his so absenting himself as aforesaid, to commit
him to prison, that so he may be secured and forthcoming to proceed
on the voyage he has so agreed to, and to be delivered by order of the
justice that committed him, or some other justice in the same county.
[^Passed JVbvembei' 30; published JDecember 9.

CHAPTER 11.

AN ADDITION TO THE ACT FOR ESTABLISHING OF JUDICATORIES AND 1692-3, chap. 33.
COURTS OF JUSTICE WITHIN THIS PROVINCE.

Whereas, by [the] said act, amongst other things therein contained, it DisaUowed by
is enacted, that it shall be in the liberty of the party cast in any of the cii^oel^io""'^'
inferiour courts to appeal, from the verdict and judgment given therein, leo'e.
unto the next superiour court within or for the same county, the case ic94°5° dmpter
there to be tryed to a final issue, or, by a new process, once and no ^^iPost.
more to review the said case in the same court where it was first tryed,
and, within the sjjace often days after judgment given upon such tryal
by review, the party aggrieved may bring lais writ of error for a tryal
of the said case at the next superiour court to be held within or for the
same county, to receive a final issue and detemiination ; which said
clause referring to reviews and writs of error, doth only extend to the
courts established by said act, and no provision is thereby made for
any tryals heretofore had in the county courts in the late distinct
colonics now united within this province, which are now dissolved ;
and tchereas, for want of due provision and remedy therein, great
damage and injury may occur to some of their majesties' good subjects
within this province, for i-edress whereof, and that no defect or want of
justice may in any manner happen or be, —

J5eit enacted br/ the (rovernoiir, Council and Hejiresentatives convened
in General Assembly, and by the authority of the same,

[Sect. 1.] That when any tryal, judgment, sentence or decree has Review of cases
been had, given or made in any of the county courts within the late county^courts
colonies of the Massachusetts or Plimouth, or province of Main, of within tiie late
what nature, kind or quality soever, the same have been there tryed, ^°''^'^'^^-
had, given or made, since the year of our Lord one thousand six hun-
dred eighty and six, and no review or appeal thereupon heretofore had
and prosecuted, it shall and may be in the liberty of either party
(plantiff or defendant), agrieved, within the space of twelve months
next after the date of this present act, and not afterwards, to bring his
or their action of review to the inferiour court of common pleas to be
held for the same county Avhere the action was first tryed ; and, after Appeal,
judgment or sentence given upon such tryal by review, the party
agrieved may appeal therefrom unto the next superiour court to be held
within or for the same county, and the case there to receive a final
issue and determination, any law, usage or custom to the contrary not-
withstanding ; regard being had, in the tryal of the merit of any such
case, to the laws then in force within the said colonies respectively.

And forasmuch as the dayes and times appointed by the afore-recited
act for [the'] holding of the court of quarter sessions of the ])eace, and
inferiour court of pleas, within the county of SuiFolk, do fall inconve-
niently to be attended, in respect of other publick occasions and concern-
ments of the government, —

JBe it therefore further enacted by the authority aforesaid,

[Sect. 2.] That, from and after the end of the month of March Court of quar-
next, the same be altered, and that the said court of quarter sessions, inferior^'com-t^

144

Province Laws. — 1693-4.

[Chap. 12.]

for Suffolk to be
held in the
months of July,
October, Janu-
ary and April.

Superior court
of judicature,
&c., to sit at
Kittery.

— and at
Springfield.

and infeiiour coiirt of common pleas, for the said county of Suffolk, be
thenceforward held and kept at Boston on the first Tuesday in the
month of July, October, January and April, yearly, for ever ; any law,
usage or custom to the contrary notwithstanding.
And be it further enacted by the authority aforesaid,
[Sect. 3.] That there be a superiour court of judicature, court of
assize and general goal delivery, held and kept at Kittery, within the
county of York (late the province of Main), upon Wednesday, the week
before the sitting of said court at Ipswich, Avithin the county of Essex,
which is stated by law to be held upon the second Tuesday of May,
yearly.

Aiid be it further enacted by the authority aforesaid,
[Sect. 4.] That there be a superiour court of judicature, court of
assize and general goal delivery, held and kept at Springfield, within
the county of Hampshire, upon the last Tuesday of June, yearly.
IJPassed December 11, 1693 ; published December 12, 1693.

CHAPTEK 12.

Disallowed by
the privy coun-
cil, Dec. 10,
1696. chap. 33,
1692-3, § 14.

Kepeal.

Court of chan-
cery.

—to be held by
three commis-
sioners assisted
with five mas-
ters in chan-
cery.

AN ACT FOR A NEW ESTABLISHMENT AND REGULATION OF THE CHANCERY.

"Whereas, by an act made and passed by this court in the year one
thousand six hundred ninety-two, entituled " An Act for the establishing
of judicatories and courts of justice within this province," amongst other
things therein conteined, it is enacted, that there be a high court of
chancery within this province, to be held and kept by the governour or
such other as he shall appoint to be chancellor, assisted with eight or
more of the council, at such times and places as the governour or
chancellor for the time being shall from time to time appoint, with
power and authority to hear and determin all matters of equity, &c,, as
in and by the said act doth appear, which court so constituted is by
experience found not agreeable with the circumstances of this province,
in divers respects not then so well considered or foreseen, —

Be it therefore declared and enacted by His Excelleticy the Governour,
Council and Representatives in General Court assembled, and by the
authority of the satne,

[Sect. 1.] That the afore-recited section or paragraph in said act,
and every clause thereof, so far as concerns or any wise relates unto the
constitution of said court of chancery, be and hereby is repealed and made
null and void to all intents and purposes as if the same had never been.

And further it is enacted by the authority aforesaid,

[Sect. 2.] That there be a high court of chancery within this
province which shall have power and authority to hear and determin
all matters of equity, of what nature, kind or quality soever, and all
controversies, disputes and differences arising betwixt co-executors,
and other matters proper and cogniscable for said court not relievable
at common law, and not otherwise ; and to order subpoenas, attach-
ments and other processes, and to make orders and decrees, interlocu-
tory and definitive, and to award execution thereon.

[Sect. 3.] Which said court of chancery shall be holden and kept
in Boston by three commissioners (being freeholders within the
province) whom the governour with the advice and consent _ of the
council shall nominate and appoint for that service, assisted with five
masters in chancery, to be nominated and appointed as aforesaid, unto
whom references may be made, and afiidavits and recogniscances taken
before them, and to make reports and to do what else is proper for
masters in the chancery.

[1st Sess.] Province Laws. — 1693-4. 145

[Sect. 4.] And the said commissioners and masters in chanceiy, Commissioners
before they enter upon the execution of their commission, shall be chfn™e1-y t"be
sworn before the governour and council to the faithful discharge of sworn.
their respective offices and trust, and to do right to poor and rich,
according to the rules of equity and good conscience, in all matters that
shall be brought before them, and therein to proceed without delay.

[Sect. 5.] And the said court are hereby impowred to nominate To appoint
and appoint a register and other officers proper and necessary, and to tJ^^"" officers,
administer an oath unto them for the faithful discharge of their respec-
tive offices and trust.

[Sect. 6.] And all writts and processes issuing out of the said court Writs & pro-
shall be under the seal of the province, and bear the test of the said three ^ndlrtheprov
commissioners, and returnable in said court, which shall be alwayes open, mce seal, &c.
and shall sit for the hearing and determining of cases four times in the ofTaid°courtV^^
year ; viz., on the second Tuesday of the months of April, July, October
and January : 2^^ovicled, nevertheless, that either party not resting satis- Appeal,
fyed in the definitive sentence, judgment or decree given in said court,
in any personal action, and none other, where the matter in diffisrence
doth exceed the value of three hundred pounds sterling, may appeal
from such sentence, judgment or deci-ee unto their majesties in council;
such ai^peal being made in time and security given according to the
directions in their majesties' royal charter in that behalf, as is provided
and enacted for judgments to be given, as aforesaid, in other of their
majesties' courts of judicature within said province.

Provided., cdso, any thing herein to the contrary contained notwith- Justices in
standing, that the justices in any other of their majesties' courts of judi- catu Je to chan-
cature where the forfeiture of any penal bond is found, shall and hereby cer forfeitures
are impoAvred to chancer the same unto the just debt and damages.

And all processes already made shall be valid, and cases depending Saving for cases
in chancery shall be proceeded in and carried on to a final issue. ^^^^ ^'

And be it further enacted by the authority aforesaid,

[Sect. 7.] That the fees to be demanded and paid in said court Fees,
shall be these following and none other ; viz., —
For every subpoena, two shillings sixpence,

Every injunction, six shillings,

Every commission, ten shillings, .....
Every attachment, three shillings, .....
Attachment with proclamation, six shillings,
Commission of rebellion, ten shillings, ....
Sequestration of ,writt of error, ten shillings,

Supersedeas, six shillings,

Every decree, six shillings,

Copies of bills, answers or other pleadings, according to

the fees already stated, twelvepence per page, of the

number of lines and words therein set down.
Filing bills, answers, replications, rejoinders and surrejoin-
ders, each, three shillings,

Every order or rule of court in any case, one shilling,
Every oath administred, one shilling, ....

\_Passed December 5, 1693.

" — whereas the Act cntituled an Act for the new Establishment and Regulation of the
Chancery do's provide that either party not resting satisfyed with the judgment of the said
Court in any personal action (and none other) where the matter in difference doth exceed the
value of three liundred pounds sterling, may appeal unto your Majesty in Councill ; By which,
reservation expressed in the words Nona otlia\ all appeals to j'our ^lajesty in reall actions are
plainly excluded, notwithstanding that in j'our Majesty's Charter to that Province there is no
such exclusion; We are therefore humbly of opinion that the said Act be also repealed." —
Opinion of the, Lords of Trade to the Kinrj in council, Dec^r 10, 1696.

£0 2s

.6d.

0 6

0 10

0 3

0 6

0 10

0 6

3 0

1 0

146 Province Laws.— 1693-4. [Chaps. 13, 14.]

CHAPTER 13.

AN ACT FOR A PRESENT SUPPLY OF THE TREASURY.

Whereas, by report of the treasurer of the province, it has been
made appear to this court that there is wanting a i:)resent supply of
money for payment for provisions ah-eady taken up, and procuring
further stores thereof, and cloathiug for furnishing of the souldiers
imployed in their majesties' service, and support of the garrisons for
defence of their subjects and interests, within this province, and for
answering of the publick debts, and other payments allowed by this
court, and by his excellency the governor, and council ; and vihereas
there is need of building and fitting of a small vessel mounted with ten
guns and a suitable number of oares, to cruise on this coast for the
better securing of trade and navigation, —

Be it enacted by the Governour, Council, and Representatims^ con-
vened in General Court, and hy the authority of the same,

That, for the ends aforesaid and no other, a certain number of the
bills of publick credit of the late colony of the Massachusetts, to the
sum of fifteen hundred pounds, and no more, be, by the present treas-
urer, issued and paid out of the treasury according to the orders of the
governour and council, five hundred pounds thereof forth^vith to be
improved for the building and fitting of such a vessel as is aforesaid, as
the governour and council shall give directions ; which number of bills,
to the sum of fifteen hundred pounds as aforesaid, shall be signed by
the treasurer of the province, at their giving out, in this manner:
" James Tailor, treasurer of the province of the Massachusetts Bay ; "
and shall pass out of and be returned into the treasury again at the
sum or value therein expressed and set down, and no more ; the treas-
urer to keep an exact accompt of the number and sum of each bill
which he shall so sign and dehver out. And the province shall be and
hereby is engaged to answer and make good the value or sum of all
such bills so signed and given out as shall be in the hands of particular
persons, in currant silver money of this province. [Passed December 11 ;
published December 12.

CHAPTER 14.

AN ACT TO PREVENT DEFAULT OF APPEARANCE OF REPRESENTATIVES
TO SERVE IN THE GENERAL ASSEMBLY.

Whereas there has been a neglect in some sheriffs in observance of
1692-3, chap. 36. their majesties' writt, to them directed, for the convening and holding
of a great and general court or assembly, timely to issue forth their
precepts, unto the several towns within their bailiwick or precinct, for
the choosing of representatives to serve in the great and general court
or assembly, and have also not taken due care to have returns of their
said precepts ; and forasmuch as many persons elected for representa-
tives, and having summons, are not careful to give their attendance
accordingly, in due time, whereby the publick aSau-es for their majes-
ties' service are prejudiced ; for remedy Avhereof, —

Be it enacted by the Governour, Council, and Me2yresentatives, in

General Court assembled, and by the authority of the same, it is ordained

and enacted.

Sheriffs to make [Sect. 1.] That every sheriff, upon receipt of their majesties' writt

ceJKSii f'^i* ^'^ convening and holding of a great and general court or assembly,

[1st Sess.] Province Laws. — 1693-4. 147

shall forthwith make out his precepts, under his seal in form as by law days after re-
is directed, vmto the selectmen of the several towns within his county, •'^'P* ^^ V*^"".
and cause the same to be safely conveyed and delivered unto one or '' ^" '

more of such selectmen, within the space of seven dayes, at furthest,
next after his receipt of such ^vi-itt as aforesaid ; and shall likewise take
effectual care for having his precepts returned to him again from the
said towns respectively, Avith what shall be done pursuant thereto, by
the day therein prefixed, and cause the same to be brought in to the
secretaric's office, as by Avritt he is commanded.

[Sect. 2.] And the selectmen of each town, upon receipt of the Selectmen to
sheriff's precept, shall cause the freeholders and other inhabitants of to be^a^ssembied
said town, duely qualified as in the said jDrecept is mentioned, to be ^^"^ choice of
assembled and meet at such time and place as the selectmen, or the tfves!^^'^ ^'
major jjart of them, shall appoint, to elect and depute one or more
representatives for such town, as by law they may, and shall cause the
person or persons so elected and deputed by the major part of the
electors present at such meeting, to be timely notified and summoned,
by one or more of the constables of said town, to attend their majesties'
service in the great and general court or assembly, upon the day and
at the time and place appointed for holding of the same. And the
selectmen, or the major part of them, shall make return of such elec-
tion, under their hands, upon the said precejDt, or annexed thereto, in
manner and foiin as by law is prescribed, and cause the same to be
delivered unto the sheriff of the county at or before the day therein
prefixed for return of the same, on jiain that every sheriff neglecting Penalty on
his duty in any of the particulars before mentioned, shall forfeit and ngt^^j ofdutr
pay the sum of fifty pounds. And every selectman or constable in any Penalty on
town neglecting his duty in any of the particulars before mentioned, cons't^^ies*"^
shall incur the pain and forfeiture of five pounds.

[Sect. 3.] And every sheriff shall be allowed for his trouble and Sheriflf's ailow-
charge in sending out his precepts, forty shillings, to be paid out of the ^°*^*''
county treasury. And the selectmen to be paid by the town for the Selectmen's
charge of returning their precept, for which shall be paid threepence ^'^°^^'i<'^-
a mile.

And be it further enacted by the authority aforesaid,

[Sect. 4.] That every person elected to serve a representative for Penalty for
any town, in any great and general court or assembly, and being sum- tfve's^noif-'
moned thereto, shall give his attendance at the said court on the first attendance the
day api^ointed for the coiu-t's sitting (without reasonable and just excuse court. ^^^
for his absence being made and allowed of by the house of representa-
tives), on pain of forfeiting the sum of forty shillings ; unless such per-
son, being present at the election, shall declare unto the assembly his
non-acceptance of the service, or, upon notice thereof given him, shall
forthwith signify his non-acceptance imto the selectmen, by writing
under his hand ; in which case the selectmen shall call the town together
again to elect a new, that so they may enjoy their priviledge.

[Sect. 5.] That not any town in this province shall chuse any rej)- Kepresenta-
resentative unless such be a freeholder and resident in that town or i^mers^/res'
tOAvns such are chosen to represent. idcnt.

[Sect. 6.] And if any person, not duely qualified according to law. Penalty on per-
shall i^resume to vote in the choice of representatives, one or more for be?ng *not q'ual-
any town, or shall put in more than one vote for any one person in such ifled.
choice, being thereof convicted, he shall forfeit and pay the sum of five
pounds, one moiety thereof unto their majesties for and tow^ards the
support of the government, and the other moiety to him or them that
shall inform and sue for the same.

[Sect. 7.] All persons shall put in their votes, unfolded, to the
selectmen or constables appointed to receive the same.

148 Province Laws.— 1693-4. [Chaps. 15, 16.]

Voters ques- [Sect. 8.] And that where any person offering to give in his votes

tioned to make for representatives, in any town, shall be questioned by the selectmen of
the said town as to his being capable, by charter, to vote, the said person
or persons giving his or their oath that they are bona fide worth forty*
pounds sterling, or an estate of freehold to the value of forty shillings
j)er annum, before a justice of the peace, or, in the absence of a justice
of the peace, before the town clerk, who is hereby impowred to admin-
ister the same, he or they shall be accounted capable of voting, and put
in his or their votes accordingly.
Fines and for- [Sect. 9.] All fines and forfeitures arising for breach of this act, or
b ^^i^Doseir *° ^^y branch thereof, and not otherwise therein before disposed of, shall
be unto their majesties, for and towards the support of the government,
and be recovered by action, bill, plaint or information in any of their
majesties' courts of record. [Passed November 28 ; published Decem-
ber 12.

CHAPTER 15.

AN ACT FOR ADJOURNING OF THE SUPERIOUR COURT OF JUDICATURE,
&c., FOR THE COUNTY OF ESSEX.

Whereas Tuesday next, the fourteenth of this present month of
November, is the stated time by the law for holding of the superiour
court of judicature, court of assize and general goale delivery at Salem,
for the county of Essex, and the publick occasions for their maj"®^
service necessarily requiring the attendance of y* justices of said court
at the general assembly now sitting, —

J?e it therefore declared and enacted by Sis Excellency the Govern-
owr. Council and Bejyresentatives in General Court assembled, and by
the authority of the same,

That the s"* superiour court of judicature, court of assize and gen-
eral goale dehvery for the said county of Essex be adjourned, and it is
hereby adjourned unto Tuesday, the twelfth of December next comeing;
and all original processes, appeales, recognizeances and other sum-
monses served to said court shall be held, deemed and judged as
effectual to all intents in law, as if the s** court had sat and been
holden on the day above prefixed and limited by law. [Passed
November 10, 1693.

CHAPTER 16.

A BILL APPOINTING OF THURSDAY, THE 21st OF DECEMBER NEXT, TO BE
CELEBRATED AS A DAY OF PUBLICK THANKSGIVING THROUGHOUT THE
PROVINCE.

Was read, voted and passed in the words following : —
Upon consideration of the high obUgations laid upon this people to
recognize the signal publick mercies received from Heaven, in the sum-
mer past, especially in so sensible a providence as the preservation of
His Majesty from those many dangers to which he has lately exposed
his royal person for the sake of the Px'otestant religion and interest,
and the success of his arms, the stop given to the spreading of mortal
sicknesses, and good measure of health restored to this province, the

* See acts of 1698, chap. 4, post, and note.

[1st Sess.] Province Laws.— 1693-4. 149

favourable harvest after awfull threatenings by sore drought, the late
submission made by the Indian enemy, and respite given from annoy-
ance by them, with much other preventing goodness, —

This court thought fit to appoint, as they do hereby order and appoint,
Thursday, the twenty-first of December next, to be celebrated as a day
of Thanksgiving throughout this province ; forbiding all servile labour
upon the same, and do excite both ministers and people in the several
churches and congregations to ofier up most humble and hearty praises
unto almighty God for these and all other unmerited favours.

WiLLAM Phips.

Tuesday^ November 14, 1693.

«,

150 Province Laws.— 1693-4. [Chap. 17.]

ACTS

Passed at the Session begun and held at Boston,
ON the Fourteenth day of February, A.D. 1693-4.

CHAPTER 17.

AN ACT FOR THE BETTER RULE AND GOVERNMENT OF THE INDIANS IN
THEIR SEVERAL PLACES AND PLANTATIONS.

To THE intent that the Indians may be forwarded in civility and
Christianity, and that drunkenness and other vices be the more eiFectu-
ally suppressed amongst them, —

£e it enacted and ordained by the Governour, Council and liepre-

sentatives in General Court assembled, and it is enacted by the authority

of the same.

Commissioners [Sect. 1.] That his excellency the governonr, by and with the

to be appointed advice and consent of the council, may, and is hereby impowred to

in several parts . , -, . . ^ ' •'Z. , '' .^ . ,

to have the appomt and commissionate one or more discreet persons withm several
careand^^*^^^'^'^ Jjarts of this province, to have the inspection and more particular care
government of and government of the Indians in their respective j^lantations ; and to
the Indians. Jiave, use and exercise the power of a justice of the peace over them
in all matters civil and criminal, as well for the hearing and determin-
ing of pleas betwixt party and party, and to award execution thereon,
as for the examining, hearing and punishing of criminal oiFences,
according to the acts and laws of the province, so far as the power of
a justice of peace does extend ; as also to nominate and appoint con-
stables and other proper and necessary officers amongst them.
Aiid be it further enacted by the authority aforesaid,
Penalty for sell- [Sect. 2.] That no person or persons, Avhomsevei", shall, directly or
ing strong indirectly, sell, truck, barter or give to any Indian, any strong beer, ale,
cyder, perry, wine, rhum, brandy or other strong liquors, by what name
or names soever called or known, on pain of forfeiting the sum of forty
shillings for every pint, and proportionably for any greater or lesser
quantity, so sold, truckt, bartered, given or delivered to any Indian,
directly or indirectly, as aforesaid, upon conviction thereof before a
justice of the peace, where the penalty does not exceed forty shillings ;
and if it exceed that sum, at the sessions of the peace to be holden for
the same county where the offence is committed : one moiety of all
such forfeitures to be unto their majesties, for and towards the su23port
of the government, and the other moiety to him or them that shall
inform and prosecute the same by bill, plaint or information. And if
the offender be unable or shall not forthwith pay and satisfy the said
penalty or forfeiture, then to be committed to the goal of the county,
there to remain until he pay and satisfy the same, or suffer two months'
imprisonment : provided, this act shall not be intended or extend to
restrain any act of charity for relieving any Indian, bona fide, in any
sudden exigent of faintness or sickness, not to exceed one or two drams,
or by prescription of some physician, in writing, or by the allowance
of a justice of peace.

[2d Sess.] Province Laws.— 1693-4. 151

And, for the better discovery of such ill disposed persons who,
through greediness of filtliy lucre, shall privately sell or deliver strong
liquors or other strong drink to any Indian or Indians (of which it is
difficult to obtain positive evidence other than the accusation of such
Indian or Indians), and to the intent that murders and other outrages
frequently occasioned thereby may be prevented, —

It is ordained and enacted^

[Sect. 3.] That the accusation and affirmation of any Indian, with Indian accusa-
other concurring circumstances amounting to an high presumption in cuning^circum-
the discretion of the court or justices who have cognizance of the case, stances, to
(the accuser and accused being brought face to face at the time of conviction, un-
tryal), shall be accounted and held to be a legal conviction of the per- ^*^®^' ^•^•
son so accused of giving, selling or delivering wine, rhum or any other
strong drink or liquors to such Indian ; unless the party accused shall
acquit him- or herself thereof upon oath, which the court or justice re-
spectively are hereby irapowred to require and administer unto the
person accused, in form following ; that is to say,

You, A. B., do swear, that neither yourself, nor any other by your order, gen- Form of the
era! or particular, assent, isrivity, knowledge or allowance, directly or indirectly, oath,
did give, sell or deliver any wine, cyder, rhum, or other strong liquors or drink,
by Avhat name or names soever called or known, unto the Indian by whom and
whereof you are now accused. So help you God.

And further it is enacted^

[Sect. 4.] That it shall and may be lawful to and for any person or strong drink
persons to seize any wine, strong liquors or cyder, which he or they dia^ to be ^"'
may find in the custody of any Indian, not obtained by allowance as seized,
aforesaid (other than cyder made of fruit of their own growth), and to
deliver the same unto the constable, or one or more of the selectmen
of the town w^here the same shall be seized, to and for the use of the
poor of such town, and to apprehend such Indian, and to cause him or
her to be conveyed before the next justice of the peace, to be examined
where and of whom they had such strong drink. And every Indian penalty for in-
convicted of drunkenness shall forfeit and pay, unto the use of the poor *^j.^"^ convicted
of the town or place where such oifence is committed, the sum of five
shillings, or else be ojjeuly whipped by the constable of such town or
place, or some other that he shall procure, not exceeding ten lashes, as
the justice of peace before whom such conviction is, shall determine.
Passed February 24, 1693-4 ; puUished March 3, 1693-4.

CHAPTER 18.

AN ACT FOR THE RELIEF OF IDEOTS AND DISTRACTED PERSONS.

Be it enacted by the Governour, Council and Mepresentatives in Gen-
eral Court assembled^ and by the autJiority of the same,

[Sect. 1.] That when and so often as it shall happen any person to selectmen or
be naturally wanting of understanding, so as to be uncapable to provide overseers of the
for him- or herself, or by the providence of God shall fall into distrac- Eecessary'pro-
tion and become 7ion cmnpos mentis, and no relations appear that will reu^^ rdf't^
undertake the care of jjroviding for them, or that stand in so near a and distracted
degree as that by law they may be compelled thereto, in every such P^^'^*^"®-
case the selectmen or overseers of the poor of the town or joeculiar
where such person was born or is by law an inhabitant, be and hereby
are empowred and enjoyned to take efiectual care and make necessary
provision for the relief, support and safety of such impotent or dis-

152 Province Laws. — 1693-4. [Chap. 19.]

traded person, at the charge of the town or place whereto he or she
of rio-ht belongs, if the party has not estate of his or her own the
incomes whereof may be sufficient to defray the same.
Court of quarter [Sect. 2.] And the justices of the peace within the same county, at
sessions to or- ^jjgjj. general sessions, may order and dispose the estate of such impotent
orsuchper'lo'ns or distracted person, to the best improvement and advantage, towards
ment°'^'^°^*' his or her support ; as also the person, to any proper work or service he
or she may be capable to be imployed in, at the discretion of the select-
men or overseers of the poor.
The justices of [Sect. 3.] And where the estate of any such person consists of
the superior bouscinf or land, in eveiT such case the iustices of the superiour court

court to license X . -,. ^ i- ,• ^ ^i i i i, i

the sale of of judicature, upon application to them made, may and hereby are

ikn"dof°(Ss°tract- impowrcd to licence and authorize the selectmen or overseers of the

ed persons, in town or place wliereto such person belongs, or such others as the said

case,- justices shall think fit, to make sale of such houseing or land, the

produce thereof, npon sale, to be secured, improved and imployed to and

for the use, relief and safety of such impotent or distracted person (as

the said justices shall direct), [as] [so] long as such person shall live, or

until he or she be restored to be of sound mind ; and the overplus (if

any be), to and for the use of the next and ri^ht heires of such party.

[Sect, 4.] And the like power and authority is hereby granted nnto
the justices of the superiour court, with reference to any person or per-
sons now under distraction or non compos mentis^ as well for the satis-
fying of the charges already past as for what may be future, for the
support, rehef and safety of any such person. {Passed February 24,
1693-4 ; published March 3, 1693-4.

CHAPTER 19

AN ACT TO RESTRAIN THE EXPORTATION OF RAW HIDES AND SKINS OUT
OF THE PROVINCE OF THE MASSACHUSETTS BAY, AND FOR THE BETTER
PRESERVATION AND INCREASE OF DEER IN THE SAID PROVINCE.

Disallowed by Whereas the exportation of raw hides and skins out of this province
the privy coun- jj^^-q Holland and divers other places hath been found to be very much
mF.^'^' ^^' to the prejudice of this province ; for redress whereof, —

Be it enacted hj the Governour^ Council and Representatives in Gen-
eral Court assembled^ and by the authority of the same^
Rawhides or [Sect. 1.] That, from and after the first day of July now next ensu-

skins about to \^„^ ^lo person or persons, whatsoever, shall carry, convey or transport
to brfoSed.' oul, of this province, or ship or load on board any vessel, whatsoever,
with intent to carry, convey or transport out of this provmce the skins
or hides, untannecl or undressed, of any ox, steer, bull, cow, heifer or
calfe, or of any buck, doe or fawn, under the penalty of the forfeiture
and loss of aU such raw hides and skins as shall be so transported, or
loaden with intent to be transported, as aforesaid, the one moiety thereof
to their majesties, to be imployed towards the support of the govern-
ment of this their majesties' province, and the other moiety to him or
them that shall seize or shall inform and sue for the same, in any court
of record within this province, by bill, plaint or infonnation, wherein
no essoyn, protection or wager of law shall be allowed.

Provided, alwayes, and be it enacted by the authority aforesaid,
Hides or skins [Sect. 2.] That it shall and may be lawful for any person or per-
imported^ may g^j^g^ whatsoever, to ship, load, or transport out of this province any hides
oatifEeLg first or skuis which have been imported into this province from any other
made. province or place, whatsoever, upon oath first made before the naval

[2d Sess.] Peovince Laws.— 1693-4. 153

officer that the said hides or skins were imported into this province from
some other province or place.

And xohereas the killing of deer at unseasonable times of the year
hath been found very much to the prejudice of this province, great num-
bers 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, —

Be it therefore enacted by the authority aforesaid,

[Sect. 3.] That if any person or persons, whatsoever, within this No deer to be
province, from and after the first day of January, one thousand six hun- fll.st of January
dred ninety and four, till the first day of July, one thousand six hundred to the first of
ninety and five, and so, from the first day of January to the first day of " ^'
July following, annually, forever hereafter, shall, any wayes whatsoever,
kill any buck, doe or fawn, such person or persons shall forfeit the sum
of forty ehilUngs for the first offence, three j)ounds for the second
offence, and five pounds for the third offence, and so for every offence
after ; one moiety thereof [t«i]to their majesties, to be imployed towards
the support of the government of this their majesties' province, and the
other moiety to him or them that shall inform and sue for the same in
any court of record.

[Sect. 4.] And if any person or persons, offending as aforesaid, shall Persons not
not have wherewithal to pay their fines, they shall, for the first offence, ^^ ^^ "iVs&t
work twenty dayes, for the second, thirty, and for the third offence, fifty on work,
dayes, as shall be directed by the justices before whom the cause shall
be heard and deteraiined, to be imployed for the uses before mentioned.

[Sect. 5.] And if any venison, skin or skins of any buck, doe or
fawn, newly killed, 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 per-
sons shall be held and accounted in the law, to be guilty of killing deer
contrary to the intent of this act, as fully as if it were proved against
such person or persons by suflScient witness, viva voce, except such per-
son or persons do bring forth and make proof who was the person or
who were the persons that killed the same.

Provided, also, and it is hereby enacted,

[Sect. 6.] That any person or persons, whatsoever, who shall keep
or breed any deer, tame, or in any parke or island, it shall and may be
lawful for [any'] such person or persons, at any time, to kill any buck,
doe or fawn, so kept or bred, and also any pereon or persons, whatsoever,
to the eastward of Piscataqua River, have free liberty of hunting as for-
merly, any thing in this act to the contrary notwithstanding. \_Passed
February 28, 1693-4 ; published March 3, 1693-4.

" But as to the other of y« said Acts for restraining the exportation of raw hides and skins,
&c., the said Coraodityes being not enumerated in any of y Laws of England for regulating
and securing the Plantation Trade, are not properly under our cognizance ; j'et for anything
before us we see not but it may be a Beneficiall Act for the Countrjr and fit to be approved of,
if it shall so seem meet to his Ma'^." — Report of the Lords Commissioners of the Treasury to the
Privy Council, Dec. 17, 1695.

154

Province Laws. — 1693-4.

[Chap. 20.]

CHAPTER 20.

AN ACT OF SUPPLEMENT AND ADDITION TO SEVERAL ACTS AND LAWS OF

THIS PROVINCE.

Disallowed by
the privy coun-
cil, Dec. 10,
1C96.

See note to Acts
of 1694-5, cliap.
18, post.

1692-3, chap. 20.

Innholders,&c.,
to be provided
for tbe enter-
tainment of
travellers, &c.,
& their horses.

Kot to give en-
tertainment to
servants, &c.

Nor to suffer
inhabitants to
sit drinking or
tippling.

No person
licensed may
suffer drunken-
ness or enter-
tain guests on
the Lord's Day.

Fines, &c., how
to be disposed.

One justice to
hear and deter-
mine the of-
fences afore-
mentioned.

All persons
taking license
to become
bound.

JBe it enacted by the Governour., Council and Representatives in Geti-
eral Court assanhled, and hy the authority of the same it is ordained
and enacted.,

In addition to the act entitnled "An Act for the suppressing of
unlicensed liouses, and the due regulation of such as are or shall
be licensed," —

[Sect. 1.] That all innholders, taverners, and common victuallers
shall, at all times, be furnished with suitable i^rovisions and lodging for
the refreshment and entertainment of strangers and travellers, pasturing,
stable room, hay and provender for horses, on pain of being deprived of
their licence ; and no such licensed person shall sell oates for more than
one penny the quart.

[Sect. 2.] And that no person who is or shall be licensed to be an
inholder, taverner, common victualler, or retailer, shall suffer any
apprentice, servant, or negro to sit drinking in his or her house, or to
have any manner of drink there, otherwise than by special order or
allowance of their respective masters, on pain of forfeiting the sum of
ten shillings for every such offence.

[Sect. 3.] Nor shall any such licensed person suffer any inhabitant
of such town where he dwells, or coming thither from any other town,
to sit drinking or tipling in his or her house, or any of the dependences
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.

[Sect. 4.] And every person, as aforesaid, who, contrary to this act,
shall continue in any such house, tipling or drinking or otherwise mis-
ordering him- or herself, or above the space of one hour (other than as
aforesaid), shall forfeit and pay the sum of three shillings and fourpence,
or be set in the stocks not exceeding four hours' time.

[Sect. 5.] That no person Ucensed as aforesaid 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 dependences thereof, on the Lord's 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.

[Sect. 6.] All fines and forfeitures arising for any of the offences
before mentioned, 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 the same, except where such
offences are presented by a grand jury ; in such case, the whole forfeit-
ure to be to the use of the town.

[Sect. 7.] And every justice of the peace, within his precincts, is
hereby impowred to hear and determin concerning any of the offences
aforesaid, and to restrain and commit the offender to prison, until he
pay and satisfy the penalty or forfeiture, or otherwise, by warrant, cause
the same to be levied by distress and sale of the offender's goods.

And further it is enacted.,

[Sect. 8.] That, before any person shall receive licence to be an
innholder, common victualler, taverner, or retailer, every such person
shall become bound, by recogniscance, to their majesties, in the sum of
ten pounds, the principal, and two sureties in five pounds apiece, before
one or more of the justices of the quarter sessions, on condition follow-
ing ; that is to say, —

[2d Sess.] Province Laws. — 1693-4. 155

The condition of this recogniscance is such, that, whereas the above-bounden p^^j^ q^ .jj„
A. B. is admitted and allowed by the justices in quartei- sessions to keep a common recoguizance
inn, ale-house, or victualling-house, and to use common selling of wine, beer, ale,
cyder, &c., or to retail wine and strong liquors, out of dores, for the space of one
whole year next ensuing, and no longer, in the now dwelling-house of the said
A. B., in 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 or
her house, yard, garden, backside, or any of the dependences thereof, nor shall
suffer to be or remain, in his or her house, any person or pei'sons, not being of his
or her ordinary household or family, on the Lord's day, or any part thereof,
contrary to law ; nor shall sell any wine, liquors, or other strong drink, to any
apprentices, servants, Indians or negros ; 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 laAv ; and in his or her 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 ; or, else, to stand and abide In full force and virtue.

For which recogniscance, the party to whom such licence is granted Fee.
shall pay two shillings, to be divided betwixt the justice and the clerk.

[Sect. 9.] And for the better inspection of hcensed houses, and the Tytiiingmen,
discovery of such persons as shall presume to sell without licence, the duty.^°^^'^ *
selectmen in each town, respectively, shall take due care that tything-
men be annually chosen at the general meeting for choice of town offi-
cers, as is by law provided, who 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 the
sessions of the peace, w^ithin the same comity ; as, also, such as shall sell
by retail, without licence, and other disorders or misdemeanours com-
mitted in any such house ; and, in like manner, to present or inform of
all idle and disorderly persons, prophane cursers or swearers. Sabbath-
breakers and the like oftenders ; to the intent such oifences and misde-
meanors may be duely punished and discouraged. Eveiy of which
tythingmen shall be sworn before a justice of the peace, or at the ses-
sions of the peace, to the faithful discharge of his office, in manner
following ; that is to say, —

You, A. B., being chosen a tythlngman within the town of C, for one year next Oath,
ensuing, and until another be chosen and sworn In your stead, do swear that you
will faithfully endeavour and Intend the duty of your office, according to law.
So help you God.

[Sect. 10.] Which tything-men shall have a black staff, of two foot staff,
long, tip't at one end with brass about three inches, as a badge of their
office.

[Sect. 11.] And if any person, being duely chosen to the said office. Penalty for not
shall refuse to take his oath, or serve therein, he shall forfeit and pay serving,
the sum of forty shillings, to the use of the poor of the town wdiereto
he belongs, 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 clerk that such
person was legally chosen to that office. And the said forfeiture to be
levied by distress and sale of such person's goods, by warrant from a
justice of [?Ae] peace, or sessions of the peace, resj)ecti\'ely, and deliv-
ered to the town treasurer, or overseers of the poor, for the use aforesaid.

[Sect. 12.] And all tythingmen that shall inform and prosecute for Tythingmen
the breach of any penal act shall have the benefit of such part of the ?^°^^/*^®

n n • Til ^ • c K 1 ^^ benefit 01 Ul-

loiieiture as docs by law accrue to the miormer. And all persons pros- formers,
ecuted for breach of the act relating to excise and retailers without
licence, the penalty whereof for one offence exceeds not forty shillings,

156

Province Laws. — 1693-4.

[Chap. 20.]

Clerk of the
peace to put
m suit recog-
nizances where
default is made.

1692-3, chap. 18.

Laws of Eng-
land to be
attended in
removing
forcible entry,
&c.

Penalty for
cutting or
carrying of
•wood or timber
from another
person's land.

Penalty for
receiving or
buying of
negroes, &c.

1693-4, chap. 8.

Constables,
&c., power
about the
arrears of
public rates.

besides charges, may be convicted by two single evidences, upon oath ;
though but one to one breach of said act, and both the breaches be
within one month : the person accused or complained of not plainly and
positively denying the fact.

AndfurtJier it is enacted,

[Sect. 13.] That the clerks of the peace, respectively, in each county,
by direction of the court, shall, by writt of scire facias, put in suit all
such recognizeances as shall be taken in court, or before any justice of
the peace for such county, whereof default is made in not perfonning
the condition of the same ; and upon execution awarded, the sheriff of
the county is to levy the same, and to account for the moneys or estate
received thereon, as by law he is obliged.

And, in addition to the act entituled " An Act for the punishing of
criminal offenders," —

It is declared and enacted by the authority aforesaid,

[Sect. 14.] That every justice of the peace, according to the power
given him, by the said act, for the inquiry and removing of forcible
entrys and detainer, do therein proceed according to the rules and
methods in such case provided by the laws of England.

And, for the preventing of trespasses, by ill disposed persons coming
upon other men's lands, and cutting and carrying away the wood and
timber thereof, to the great hurt and damage of the owner, —

It is enacted by the authority aforesaid,

[Sect. 15.] That if any person or persons, hereafter, shall cut or
carry off any manner of wood or timber from another person or persons'
land, or the commons of an other town than which he doth belong
to, without the leave or licence of the owner or owners of the land
where such wood or timber shall be fallen, cut down, or carried off,
every person so offending shall forfeit the sum of twenty shillings for
every tree above one foot over, and ten shillings for every tree under
that bigness ; to be recovered by due process of law. And if any per-
son shall be convict of such offence the second time, besides the above
damage to the party, shall forfeit and pay to the use of the poor of such
town where the offence is committed, the sum of twenty shillings, or
suffer one month's imprisonment. And every justice of the peace
within the county is hereby impowred to hear and determin all offences
against this act, where the forfeiture does not exceed forty shillings.

And be it further enacted by the authority aforesaid,

[Sect. 16.] That if any person or persons shall presume, either
openly or privately, to receive, or buy, of or from any Indian servant, or
negro or molatto servant, or slave, any goods, wares, merchandizes or
provisions, and it appear such goods, wares, merchandizes or provisions
to have been stol'n, every person and persons convicted of receiving or
buying such stol'n goods, wares, merchandizes or provisions, or any
part or parcel thereof, shall restore the same in specie, if not altered, and
the value thereof, over and above, unto the party injured ; or double the
value, where the goods or provisions so stol'n are made away. And
such Indian, negro or molatto servant, or slave, shall be openly whipped,
not exceeding twenty lashes.

And, in addition to the act entituled " An Act for enabhng the treas-
urer to call in the an-ears of publick rates, and discharging of pubUck
debts,"—

It is further enacted,

[Sect. 17.] That the selectmen, constables and collectors, in the
several towns and places within this province, be and hereby are fully
impowred and authorized to take and use the same methods and direc-
tions, in all respects, for the collecting of the an-ears of all former rates
or assessments, by making of distress, or granting a warrant of commit-
ment, in case no distress can be found, as is provided and dh-ectcd by

[2d Sess.] Province Laws.— 1693-4. 157

the act entitulecl " An act for regulating the former assessment, and for leos-s, chap. 41.
granting an additional supply of money."

[And,'] in addition to the act entitled "An Act for regulating of 1692-3, chap. 28.
townships, choice of toAvn officers, and setting forth their power," —

It is further enacted by the authority aforesaid^

[Sect. 18.] That there be annually chosen in each town, at the time Town treasurer
and in the same manner as other town officers, a suitable person for se^&*iii*^ ^^°'
town treasurer, who shall have power to demand and receive all debts power,
and dues belonging or owing to such to^vn or the poor thereof, and to
sue for and recover the same by due pi-ocess of law ; and shall pay
out such moneys according to order from the selectmen or overseers of
the poor, as they shall receive instructions from the town ; and such
treasurer shall make a true account to the town of all his receipts and
papneuts, annually, when required. Every such treasurer to be sworn, to be under
before a justice of the peace, to the faithful discharge of his trust, and o^^h.
shall have such allowance for his service, as the town shall agree to.

In addition to the act entituled "An Act for establishing of judica- 1692-3, chap. 33.
tories and courts of justice within this province," it appearing that
the time stated by law for [the'] holding of the superiour court of judi-
cature, court of assize and general goal delivery, in some counties, doth
fall inconvenient in respect of the season of the year, and otherwise, —

It is therefore ordained and enacted by the authority aforesaid,

[Sect. 19.] That the superiour court of judicature, court of assize The time for
and general goal delivery for the county of Essex, to be holden at supe°for^court
Ipswich, be henceforth holden upon the third Tuesday in May, annually; &c., at Ipswich,
and for the county of York, at Kittery, upon Thursday in the week mouth^a^^^"
immediately preceding the sitting of said court at Ipswich : for the Bristol,
counties of Plymouth, Barnstable and Bristol, to be holden at Ply-
mouth upon the second Tuesday in March, annually, and at Bristol upon
the second Tuesday in September, annually.

And it is further enacted,

[Sect. 20.] That the superiour court of judicature, court of assize superior court
and general goal delivery for the county of Middlesex, be, henceforth, fe^x' to"^b^ held*
holden and kept at Cambridge, the shire town, upon the last Tuesday at Cambridge,
in July, and on the last Tuesday in January, annually, any law, usage or
custom to the contrary notwithstanding.

And for the better preventing of fraud in cord wood, —

It is further enacted by the authority aforesaid,

[Sect. 21.] That all cord wood brought into any town and exposed Measure of
to sale, shall be four foot long, one with another, and, when corded up, cord wood,
shall measure eight foot in length and four foot in height. And all fire
wood (except faggots), brought in carts, shall be sold after the same
rate as wood is sold for, by the cord, in proportion. And if it hold not
out such part of a cord as it is sold for, it shall be forfeited ; one-half
thereof to the party injured, who shall inform and prosecute for the
same before a justice of the peace within the same county, and the
other half to the use of the poor of the tow^n where it is exposed to
sale. [Passed March 2, 1693-4 ; published March 3, 1693-4.

158 Province Laws.— 1693-4. [Chaps. 21, 22.]

CHAPTER 21.

AN ACT FOR ADJOUENING THE SUPERIOUR COURT OF JUDICATURE, &c.,

AT PLIMOUTH.

Whereas Tuesday, the twenty-seventh of February currant, is
the clay stated by law for holding of the superiour court of judicature,
assize and general goal delivery at Plimouth, for the counties of Pli-
mouth, Barnstable and Bristol, and forasmuch as the present session of
this gi-eat and general court is not likely to be ended before that time, —

JBe it therefore enacted by His Excellency the Governoxir, Council
and Rex)resentati'V)e& in General Court assen%bled, and by the authority
of the same,

That the next superiour court of judicature, assize and general goale
delivery, to be holden at Plimouth on the day aforesaid, be and hereby
is adjourned unto Tuesday, the thirteenth of March next, at nine of the
clock in the forenoon of the same day. And all writts, processes and
summonses served to said court, shall be held, deemed and adjudged to
be as good and effectual in law, to all intents and purposes, as if the
said court had been holden and kept upon the day in the stated course
thereof by law. \_Passed February 15, 1693-4.

CHAPTER 22.

AN ACT FOR REPAIRING AND MAINTAINING OF THE BRIDGE OVER
CHARLES RIVER, NEAR CAMBRIDGE.

Whereas the bridge over Charles River, in the bounds of Cam-
bridge, within the county of Middlesex, is of common use and advan-
tage to the greatest part of this province, considering the publick use
of the colledge, and was at first by a general contribution of the
counties of Suffolk and Middlesex erected, the said bridge being now
gone to decay and in part fal'n down, and forasmuch as the town of
Cambridge are not able to rebuild and maintain the same, and for
incouragment to the repaires of said bridge, —

Be it enacted by the Governour, Council and Representatives in Gen-
eral Court assen%bled, and by the authority of the same,

That there shall be paid out of the publick treasury of this province
to the town of Cambridge, the sum of one hundred and fifty pounds
money. And the s"^ town of Cambridge is hereby ordered and
impowred forthwith to provide, for and at their own cost and charge,
with the s"^ one hundred and fifty pounds (the s"" town supplying what
is over and above necessary), to erect, repair and sufiiciently build the
said bridge ; and also are hereby obliged to keep and maintain the said
bridge in sufficient repair, from time to time, at their own cost and
charge, for and during the space and terme of twenty yeares next
comeing ; any law, usage or custom to the contrary notwithstanding :
provided, this act shall not be understood to discharge Newton (late a
pecuUar of Cambridge), from any agreement or obligation whereby the
said tovnx of Newton may be chai-ged towards the repairs of said
bridge. \JPassed and published March 3, 1693-4.

[2d Sess.] Peovince Laws. — 1693-4. I59

Notes.— Of the foregoing acts, chapters 15, IG, 21 and 22 were never printed. All of the acts
of this year were engrossed and are preserved, in MS., except chapter IG, which is here taken
from the records of the Governor and Council.

The reasons for the disallowance of chapters 11 and 20, will be found in the note at the end of
chap. 18, of the acts of 1694-5, j^osL

Chap. 13, appears to have been enacted in accordance with a plan previously resolved upon
by the Governor and Council: "March 7'" 1692[-3,] Resolved, That a Suitable Vessell be
taken up and Equipped for their IVIajostys' Service, to Cruise in and about Martha's Vineyard
Sound, for the Securing of Coastiiii,^ Vrssclls, until such time as their Majestys' Frigats can be
fitted out; his Excellency proposing that She be mann'd and furnished by the Captains of the
men of Warr." — Ilecorcis of the Gocernor and Council, vol VI., p. 42.

The ostensible pui-pose of this act was the protection of commerce ; but, see the letter of Gov.
Phips, to Gov. Fletcher of New York, in Documentary Hist, of N. Y., vol. IV., pp. 5, 6.

The following extract shows the interest felt by theBoard of Trade in the execution of this
enterprise: — " Amongst the acts which His Majesty hath approved, we observe one, in Fol. 45,
about the fitting out a vessel to cruize upon that coast, which, being a thing of very great use,
we desire to heare from you how it is continued in practice, and with what success." — Letter
from the Lords of Trade, cfc, Jan. 20, 1G96-7.

Chap. 14. Sect. 5. " This provision is generally looked upon as a privilege, and a point
gained by the people ; but it certainly was occasioned by what is commonly called the preroga-
tive party in government, and, however salutary, was designed as an abridgment of liberty." —
Hutchinson's Ilist. Mass., 3d ed., vol. II., pip. 77-8.

Chap. 19. No reasons appear to have been given for the disallowance of this act; but the
objections made by the Lords, in their letter of Jan. 20, 1696-7, against the act of the next year,
to restrain the exportation of pitch, tar, &c., would apply, with equal force, to this chapter.—
See NOTES, 1694-5, chap. 14, post.

ACTS,

Passed 1694—5.

riGi]

[1st Sess.] Province Laws. — 1694-5. 163

ACTS

Passed at the Session begun and held at Boston,
ON the Thirtieth day of May, A.D. 1694-5.

CHAPTER 1.

AN" ACT FOR THE REVIVING AND CONTINUING OF THE DUTIES UPON
GOODS, IMPOST, EXCISE AND TUNNAGE OF SHIPPING, AND THE ACTS
FOR GRANTING OF THE SAME.

Be it enacted by his Excellency the Governour, Council and Repre- see acts of
sentatives convened in General Court, and it is ordained and enacted 1695-6, chap. 1,

1 7 7 . /. T note, ^os*.

by the authority of the same,

[Sect. 1.] That the several rates, duties, impost, excise and tunnage Eevivingand
of shipping, mentioned to be granted unto their majesties in and by one continuation of
act made and passed at the session of the great and general court begun goods, impost,
and held at Boston, the eighth day of June, in the fourth year of the nage of sWp-^^
reign of their present majesties, King William and Queen Mary, entituled ping unto the
" An Act for Impost, Excise and Tunnage of Shipping," be and hereby junef i695,^&c.
are continued and further granted imto their said majesties, to the ends 1692-3, chap. 5.
and intents in the said act mentioned, from and after the twenty-ninth
day of June, in this jDresent year one thousand six hundred ninety-four,
unto the twenty-ninth day of June in the year one thousand six hun-
dred ninety-five, and no longer ; and the before recited act for impost,
excise and tunnage of shipping, and all and eveiy the branches, clauses,
powers and parts thereof (other than such as in and by this present act
shall be repealed, altered or in any other manner provided, or directed),
as also one other act, entituled " An additional Act for Impost and 1692-3, chap. 21.
Excise," made and passed in the fourth year of their said majesties'
reign ; and one other act, entituled " An Act for the better Collecting leos, chap. 5.
the Impost and Excise and preventing Frauds," made and passed in
the fifth year of their said majesties' reign, and every the branches, arti-
cles and powers therein contained, be and are hereby revived and con-
tinued to abide and remain in full force and virtue from and after the
said twenty-ninth day of June, one thousand six hundred ninety-four,
unto the aforesaid twenty-ninth day of June, one thousand six hundred
ninety-five, and not afterwards, any thing herein contained to the con-
trary notwithstanding : 2>^ovided, 7ievertheless, that the clause or branch Eepeai of the

in the first recited act, for imijost, excise and tunnage of shipping, relat- governor and

'-, i.,',. . . ^ -, '^ .^ .°' council's power

mg to the governour and council, their nominating and appomtmg com- to appoint com-
missioners to transact and manage the same, and the allowance thereby the aUowance^*^
gi-antcd to the commissioners, shall \^and] from and after the said twen- to such com-
ty-ninth day of June, in this present year, one thousand six hundred °"^^^o^^"
ninety-four, be and hereby is repealed and discontinued.

And be it further enacted by the authority aforesaid,

[Sect. 2.] That there be one fit person and no more nominated and The general ^
appointed by this court as a commissioner and collector, to have the ^^l^^nda^'
general inspection, care and management of the said office of impost, point one com-
excise and tunnage of shipping, and whatsoever relates thereunto, who So more!'^ "'^^

164

Province Laws. — 1694-5.

[Chap. 1.]

The commis-
sioner with
advice of the
treasurer to
appoint under
officers and
grant them
warrants.

Commissioner's
allowance.

Commissioner
to account with
the treasurer.

Duty upon >
ships, &c., of
sixpence per
ton.

Computation
of tonnage.

— to he paid he-
fore clearing.

Masters or
owners to ren-
der an account
under hand of
their vessel's

shall receive commission for the same from the governour for the time
being, with jjower to nominate, apj^oint and imploy such and so many
officers under him as the said commissioner, with the advice of the
treasurer, for the time being, of this their majesties' province, shall think
necessary for the well ordering and managing of the affairs relating to
said office and the better to prevent frauds ; and to grant them warrants
for executing the same ; which commissioner and all other underofficers,
before their entring upon the execution of their respective offices, shall
take the oaths appointed to be taking instead of the oaths of supremacy
and allegiance, and repeat and subscribe the declaration, before the
governour or lieutenant governour or two members of the council, as
also shall be sworn to deal truely and faithfully in the execution of their
respective offices. And the said commissioner shall have and receive,
for his service, labour, care and expences in this affiiir, the sum of one
hundred and thirty pounds, and no more ; all other officers to be paid
for their service, as a commissioner, with the treasurer, shall agree upon
reasonable terms : the said commissioner to keejo fair books of all entrys
and duties arising by virtue of this act, which books shall lye open at
all seasonable times to the view and perusal of the treasurer. And the
said commissioner shall also account with the treasurer, upon oath, for
all collections and payments at the end of every three months ; the said
oath to be administred before the governou.r and council, and pay in
all such moneys as shall be in his hands as the treasurer shall demand it.

And for and towards the reimbursing of the charge of building and
setting forth of the province galley, and towards the defraying of the
charge of maintaining her abroad, to cruise on this coast, for the seeming
of trade and navigation, and to no other end, —

It is further enacted hy the authority aforesaid,

[Sect. 3,] (Over and above the tunnage or powder duty, mentioned
in the before recited act entituled "An Act for Impost, Excise and
Tunnage of Shipping," to be paid for all ships or other vessels arriving
within this province, whereof the major part of the owners do not
belong to the province), that from and after the said twenty-ninth day
of June in this present year, one thousand six hundred ninety-four, until
the twenty-ninth day of June, one thousand six hundred ninety-five,
and no longer nor at any time afterwards, there shall be paid, by the
master or OAvners, respectively, of all merchant ships or other vessels
whatsoever (except boats imployed for the fetching of wood, timber,
stones or fish, to be made use of and spent in the place only), that shall
saile from any port, haven, river or creek within this province, the sum
of sixpence per tun for every tun such ship or other vessel doth measure,
according to her dimensions of length, breadth and depth within board
(the length to be reckoned from the inside of the post unto the first
rising of the stem, computing after the usual manner of multiplying and
dividmg the product by one hundred), for every time and so often as
such ship or vessel shall go forth ; which payment is to be made unto
the commissioner for the time being for managing of the impost office,
his deputy or deputies, who, on receipt thereof, shall give a certificate
that the said duty is paid ; and such certificate to be produced and
delivered unto the naval officer before he grant any clearing for such
shii^ or other vessel : i^rovided, nevertheless, that no coasting vessels
within this province, or vessels arriving from the province of New
Hampshire, the colonies of Connecticut or Rhode Island, the province
of New York or East or West Jersey shall be obliged to pay the said
sum of sixpence per tun more than twice in the said year.

[Sect. 4.] And, for the better ascertaineing of the tunnage of any
ship or any other vessel liable to the duty aforesaid, every master or
owner of such ship or vessel, before any lading be taken on board her,
shall give [in] an accompt, under his hand, of her dimentions as afore-

[1st Sess.] Peovince Laws.— 1694-5. 165

said, to the said commissioner, his deiraty or deputies ; and if such offi dimensions
cer does apprehend and suspect that the accompt given is short of the ^'^^'^'"Y'^foad
true dimensions, the said officer rejiairijig unto one of the next justices
of the jDcace, such justice shall and hereby is impowred to grant his a justice to
warrant to some able ship caii^entcr, requiring him to repair on board me^^er."'
such ship or other vessel and to measure the same in manner as is
before expressed, and to make liis report thereof imto the commissioner
for the imj>ost office, his deputy or deputies ; and such justice is further
imi3owi*ed to administer an oath unto the measm-er to deal ti'uely and
faithfully therein ; for which warrant and oath administred there shall Fee for the
be paid imto the justice two shillings, and the measm-er for his sciwice Sea^urer and
shall have and receive the sum of five shilhngs ; all which charge[s] iiisoath.
(where the master or owner is found to have given a short accompt of
the dimentions), shall be paid by the master or owner before such ship
or vessel be cleared ; if otherwise, by the officer for managing of the
impost office, who is allowed to bring such charge to accompt of the
pubUck. And for vessels not obliged by law to clear at the naval
office, and all others for which clearings may be taken out there before
the time of this act taking place, that shall then be in port, in case of Officer's power
neglect or refusal of the master or owner of any such vessel to j^ay the ^^ ^"® *" *'*^®'
aforesaid duty of tunnage, the commissioner for managing the impost
office, his deputy or deputies, may recover the same by action or infor-
mation before any justice of the peace within the coimty, so that the
smn sued for exceed not forty shillings ; if it be above forty shillings,
before the inferiour court of pleas.

And further it is enacted hy the authority aforesaid,

[Sect. 5.] That the fifteen hundred pounds in indoi*st bills of pub- a ftrrther grant
lick credit, lately ordered by an act of this court to be emitted for a dre^d pounds""
present suj^ply of the treasury, shall, from and after the twenty-ninth for setting forth
day of June in this j)resent year, one thousand six hundred ninety-four, ^ ^^ ^^'
be accepted and received, in all publick payments, as well for imj^ost,
excise and tunnage of sliipping, as for any province tax or assessment,
at the just sum therein mentioned and no more ; and seven hundred
pounds more of said bills, over and above the five himdred pounds for-
merly applied, are hereby granted for the equipping and setting forth
of the said province galley built for the securing of navigation ; and
the treasm-er is hereby ordered to take care to call in the said bills, that
shall be in the hands of particular persons, and to pay them the full sum
thereof, in money, out ol the first moneys coming into the treasury from
and after the aforesaid twenty-ninth day of Jime, one thousand six
hundred ninety-four, for impost, excise, tunnage of shipping or taxes.
[Passed June 8 ; published June 20.

CHAPTER 2.

AN" ACT FOR GRANTING UNTO THEIR MAJESTIES A TAX OF TWELVEPENCE
A POLL, AND ONE PENNY ON THE POUND FOR ESTATES.

Wee, their majesties' loyal and dutiful subjects, the representatives of
their province of the Massachusetts Bay in New England, assembled in
general court, do, unanimously, grant unto their most excellent majes-
ties, for and towards the repair of their majesties' castle, upon Castle
Island, near Boston, and the support of the garrison there ; for the sub-
sistence and paying of wages to seamen and souldiers that are and shall
be imployed in then- majesties' service for the defence of this their prov-
ince ; for a stock to manage the Indian trade ; for payment of salaries,
and other grants made and to be made by this court ; for the dischaxg-

166

Peovince Laws. — 1694-5.

[Chap. 2.]

Treasurer to
send forth \vnr-
rants for choice
of assessors.

Qualifications
of assessors.

Penalty for not
serving.

Penalty for
town's neglect
to choose

Two justices to
appoint assess-
ors in case.

ing the ptiblick debts now due from this province, and for answering of
other contingent chai-ges of this government ; and to no other ends and
intents, — a rate or tax of twelvepence on the poll, and one penny on the
pound, ui:»on all estate hereinafter mentioned, to be assessed on the
freeholders, inhabitants, and other their majesties' subjects, resident
within this province, according to the rules hereafter set down ; and
pray that it may be enacted, —

And it is enacted bi/ the Govemour, Council and Mepresentatiiies in
Qeneral Court asse'tnbled, and by the authority of the same,

[Sect. 1.] That the treasm'er do forthwith send his warrants to the
selectmen or trustees of each town or precinct, requii-ing them to cause
the inhabitants of such town or precinct, who are by law qualified to
vote in town affaii'cs, to assemble and meet together sometune in July
next, who, being so assembled, are required to choose tliree, five or
seven able and discreet men of good conversation, being freeholders
and inhabitants within such town or precinct, to be assessors ; and no
person shall be capable to serve in said betrustment, in any town or
preciact mider forty families, imless reputed worth fifty pounds estate,
nor in any other to>vns, unless of one hundred pounds estate, nor in
Boston, under thi-ee huudi'ed pounds estate. And if any person be
chosen to said place and refuse to attend said service (wMcli he shall
forthwith declare whether he accept or no), he shall pay as a fine five
l^omids, if in Boston, Charlestown, Salem, If»swich or Newbury, and in
any other town forty shillings, and the said town or precinct shall
choose others untill some do accept ; which fines shall be to the use of
the poor of said to'wn or precinct, to be recovered by the town treas-
urer, before the inferiour court of pleas or a justice of the peace within
the same comity respectively ; and, if any town or precinct shall neg-
lect to chuse such assessors fourteen dayes after receipt of the treas-
urer's warrant, they shall forfeit and pay the sum of twenty pomids to
their majesties, for and towards the support of the government of the
province, to be recovered of the selectmen, trastees or town treasurer,
by action, bUI, plaint or information at the inferiour court of pleas
within the same comity, and such selectmen, trustees or town treasurer
shall be reimbursed the sum of said fine, ^vith charges, to be assessed
and proportioned upon the inhabitants of such town or precinct, as by
law is directed for other town rates. And, ujDon information to the jus-
tices of the county (in which such town or precinct lies), of such neg-
lect, the said justices or any two of them {quorum unus) shall have
power to appoint thi-ee or more assessors for said town, and administer
the oath for the duo execution of theu- oflice, who shall be also obliged
to attend the said service, being so appointed, under the penalty in tliis
act provided.

And be it further enacted,

[Sect. 2.] That every person chosen to be an assessor in any town
or precinct and accepting said office shall take the oath following ; that
is to say, —

Oath of as-
sessors.

You, A. B., being chosen an assessor for the town of C, for the present year, do
swear, that in the discharge of said trust you will deal impartially and equally
therein, according to the rules and directions set down in this act, after the best
of your discretion and judgment. So help you God.

—their allow-
ance.

Be it further enacted^

[Sect. 3.] That, in any town or precinct where there is no justice
of peace, the town clerk is hereby allowed and impowred to admuiister
said oath to the assessors of such town or precinct ; and every such
assessor attending that service shall be paid by the town treasurer two
shillings and sixpence per day for each day he spends in said service.

[1st Sess.] Province Laws. — 1694-5. 167

A7icl be a further enacted hy the authority aforesaid,

[Sect. 4.] That the said assessors, at or before the sixteenth clay of Assessors'
August next ensuing, shall make a true list of all male persons in then* ^<*^^-
respective towns and precincts from eighteen years old and upwards
(except elders of churches, setled ministers and others devoted to the
ministry, the president, fellows and students of Haiward CoUedge, gTam-
mar school-masters, and such who through age, infimiity or extream
poverty, in the discretion of the assessors, are rendered uncapable to
contribute towards the publick chai'ge), and a true estimation of all
estates, both real and personal, being or reputed to be the estate of all
and every the persons of the same town or precinct, or otherwise under
their custody or management, according to the valuations hereafter
mentioned ; that is to say, all male persons of the age above said Tweivepence
(except as is before excepted), and all negro's, molatto's and Indian ser- p^'^p^^-
vants, as well male as female, of sixteen years old and upwards, at the
rate of twelvej^ence per poll ; all real estates, as houses, warehouses, Houses, &c.,
mills, cranes, whariFs, tanyards, arable, pasture and meadow ground, on*the^ounS
and all other lands inclosed or under improvement, other than such as for fourteen
lye common to the use of the inhabitants in general, that the owners fam^sVo'i'°°°^^'
have not particular benefit by, at the rate of one penny on the pound twenty years'
for the value thereof, which value is to be computed and reckoned ^^'^°^^-
according as they are or may be let for in the places where they lye ;
vizt., houses, warehouses, tanyards, mills, cranes and wharffes, at four-
teen years' rent or income, without any allowance or subduction for
repairs ; all lands, at twenty years' rent or income ; the fenner or occu- xiie farmer to
pier of any houses or lands, being assessed for the same in his occupa- J^^ allowed one-
tion, to be reimbursed the one-half of what he shall so pay towards the assessment,
said assessment, by the landlord or lessor, where there is no particular
contract to the contrary, and shall be allowed to discount the same out
of his rent, producing a certificate from the assessors, collector or con-
stable what the whole amounts unto. All goods, wares, merchandizes Goods, &c., to
(except such as have or shall have paid impost, lying in the importer's ^^ assessed by
hand undisposed of), trading stock, money at interest, in whose hands common esti-
soever it be, and all boats and small vessels not liable to the duty of ^^^tio^-
tunnage ; every of the particulars aforesaid, at one penny on the pound
by the rule of common estimation, [_at'\ [in] the discretion of the asses-
sors, endeavouring the best information they may (where no particular
invoyce of the species and worth is presented to them) ; every handicraft
man at one penny on the i:)ound for his income, at the discretion of the
assessors; each ox and horse beast exceeding four years of age at forty Kate of cattle,
shillings ; each cow exceeding three years at tliirty shillings ; all sheep
above one year old at four jDound per score ; all swine above one year
old at six pounds per score ; — to be assessed at one penny on the pound
after the said estimation : j^rovided, nevertheless, that no estate belong- Minister's es-
ing to any minister, in the town where he lives, being in his own actual tates exempted,
improvement, or belonging to the widow of any minister deceased, in
the town where she lives and under her own improvement, shall be
rated unto the said tax.

Provided, also, that all such towns and places as, by the vote of this Allowance
court, at their sessions in May or November the last year, were judged foimeriy
to have been assessed over and above their due proportion to the last towns,
tax, shall have the allowance and abatement then ordered them, respec-
tively, out of the next tax or assessment that should be granted, which
is this present tax.

Be it further enacted by the authority aforesaid,

[Sect. 5.] That the assessors in each town and precinct be and are Assessors to
hereby impowred and required to call for a particular list of each per- uta/ilst o'feach
son's ratable estate within the same, and of those dwelling next them person's ratable
not belonging to any township, by posting up the notification of the ^^^^'^^-

168

Province Laws. — 1694-5.

[Chap. 2.]

Penalty for not
giving in a list.

For giving in a
false list.

Tersons over-
rated to be
abated upon
making oath,
&c.

The tax to be
made and trans-
mitted to the
treasurer by
the first
Wednesday in
September,

— to be paid in
and accounts
issued by the
first of No-
vember.

Selectmen's
power to ap-
point collectors.

Penalty on

defective col-
lectors or
constables.

Constable's or
collector's
power to
distrain.

time of their meeting, ten dayes at the least beforehand, in some pulb-
lick places of the town ; and if any person shall neglect to give in a list
of his ratable estate aforesaid, every such person shall be rated at the
discretion of the assessors ; and if any person shall give in a false list of
the same he shall be alike assessed at discretion and pay five shillings
fine, one moiety thereof to the use of the poor of the town or precinct,
and the other moiety to him or them that shall inform and prosecute
the same before any justice of the peace within the same county, and
be further assessed, to the said tax, four times so much in value as the
estate left out should have been rated.

[Sect, 6.] And if any person, having given in a true list of his
ratable estate, complain to the assessors and make it aj)pear that he is
overrated, so much shall be abated him by them, he making oath to
his list ; and in case they refuse to abate him he shall be heard and
relieved by the quarter sessions, shewing just cause for the same. And
the assessors in each town and place are hereby required to finish
and perfect the assessment of their several towns or precincts and to
transmit and safely deliver the same unto the treasurer, together with
the names of each collector or constable in the said town or precinct,
and the respective simis to them committed to gather, at or before the
first Wednesday in September next. And the treasurer, upon receipt
thereof, shall issue out his warrants, directed to the constables or col-
lectors of the several towns and precincts, requiring them forthwith to
collect and gather the said assessments, and to pay in the same unto the
treasurer or his order at or before the first day of November next ensu-
ing, by which time they are to make up and issue their accounts of the
whole with the treasurer, which aforesaid Avarrants, being sent to the
sherifis of the respective counties, they are required immediately to dis-
perse and safely transmit them to the constables or collectors of the
several towns and precincts, according to the direction thereon.

And it is further enacted,

[Sect. 7.] That the selectmen in each town be and hereby are
impowred (if they think fit) to nominate and ajDpoint one or more able
and sufiicieut persons, within the bounds and limits of such town, to be
collectors of the money due to their majesties by this act, for whose
l^aying in the same to the treasury, the town by whom they are so
imployed shall be answerable for their projiortion thereof.

[Sect. 8.] And if any constable or collector shall be remiss and
negligent of his duty, by not levying or paying into the treasury such
Sinn and sums of money, as from time to time, he shall have received, and
as ought by him to have been j^aid within the time set and limited by the
warrant or estreat to him committed pm'suant to this act, and is not jDaid
by reason of his failing of doing his duty according to the directions and
command therein, the treasurer is hereby impowred, after the expiration
of the time so set, by waiTant, under his hand and seal, directed unto the
sherifi*, his deputy or deputies, to cause all such sum and sums of money
to be levyed by distress and sale of such defective constable's or collec-
tor's goods and chattels, and if none such, or not sufiicient, can be found,
then upon his lands or tenements, returning the overj^lus (if any be),
and for want of such distress to commit the ofiender to the common
goal of the county, there to remain until full payment be made.

He it further enacted,

[Sect. 9.] That if any person or persons shall refuse or neglect to
pay the several sum or sums Avhereat he shall be set in this present
assessment, and is to pay towards the same, upon demand made by the
constable or collector of the town, place or precinct where such person
hath his dwelling or residence, according to the prece2:)t or estreat to
him dehvered, it shall and may be lawful to and for such constable or
collector, who is hereby thereunto authorized and required, for non pay-

[1st Sess.] Province Laws. — 1694-5. 169

ment to distrain the person or persons so refusing or neglecting, by his
or there goods or chattels, and the distress or distresses so taken to
keep by the space of four dayes at the cost and charges of the owner
thereof; and if the said owner do not pay the sum and sums of money
so assessed upon him, within the said four dayes, then the said distress
or distresses to be apprized by two or three of the inhabitants where
the same is taken, and to be sold by the said officer for payment of the
said money, and the overplus coming by the said sale (if any be), over
and above the charges of taking and keeping the said distress or dis-
tresses, to be immediately restored to the owner. And if any person
or persons assessed, as aforesaid, shall refuse or neglect to pay the sirni
or sums so assessed, by the space of twenty dayes after demand thereof,
where no sufficient distress can or may be found whei-eby the same may
be levied, in every such case two or more of the assessors in each town
or precinct are hereby authorized, by wan-ant under their hands and
seals, to commit such person or persons to the common goal of the
county, there to be kept, without baile or mainprize, until payment shall
be made of the sum or sums so assessed, with the incident charges.

A7id it is further enacted^

[Sect. 10.] That where any person or persons shall remove from To distraia
the town or place Avhere he or they lived or had their residence at the removing,
time of making the lists of said tax or assessment, not having first paid
the respective sums or proportion set upon him or them thereby, it shall
and may be lawful, to and for the constable or collector to whom the
said tax or assessment is committed with warrant, to collect the same ;
and they are hereby authorized and impowred to demand the sum or
sums assessed upon such person or persons, in what town or place
soever he or they may be found, within this province, and, i;pon refusal
or neglect to pay the same, to distrain the said person or persons by his
or their goods and chattels, as aforesaid, and, for want of such distress,
to commit the party to the common goal, there to remain as aforesaid
until payment be made of the sum or sums so set upon him, with all
charges arising by reason of such commitment.

And further it is enacted by the authority aforesaid,

[Sect. 11.] That the treasurer do pursue' the calling in the arrears Treasurer to
of all foi-mer publick rates or assessments, by all such wayes and meth- lathering^ia
ods as the laws in that case made and provided do direct, having of arrears,
respect to the allowances made by this court, upon the report of their
committee fonnerly appointed, as well to tOAvns, constables or particular
persons ; and where any allowance is made to any constable or partic-
ular person, and judged by this court to be the town's due to make
good, the treasurer is hereby impowred and ordered to issue forth his
warrant[s] to the assessors to be appointed for such town, to assess and
proportion the sum thereof upon their inhabitants ; as also [to] the
assessors of such towns upon which any additional sum was fonnerly
set and not hitherto assessed, forthwith to assess the same ; requiring
them to return the lists thereof unto himself, together with the list of
this present tax : and the treasurer shall therewith make out his war-
rants for the speedy collecting and paying in the same into the treasury.
\_I*assed June 18; j^ublis/ied June 20.

170 Province. Laws,— 1694-5. [Chaps. 3^4.]

CHAPTER 3.

AN ADDITION TO THE ACT ENTITULED " AN ACT FOR THE SETTING FORTH
OF GENERAL PRIVILEDGES."

Be it enacted hy the Governour, Council and Mepresentatives in Gen-
eral Court assetnbled, and by the authority of the same,
Disallowed by [Sect. 1.] That the house of reiiresentatives of the peoj^le of this
couiKiii^Dec. 10, iH'ovince, beuig a part of the great and general court or assembly, have,
16%. \yj then* majesties' most gracious charter, undoubted right to all the

liberties and priviledges of an English assembly, and to have and use
freedom of debate and suifrages in all matters j^roper to them as such ;
and the choice and appointment of all civil officers, not jjarticularly
directed to and enumerated in the chartei-, doth of right belong to the
great and general court or assembly ; and that, when and so often as
any motion is made to the house of representatives for the granting of
any money to be levied of the people of this province, the said house
of rei^resentatives ought particularly to be advised what uses and
imi^rovement such money is to be raised for.
A.nd further he it enacted.
Orders for pay- [Sect. 2.] That the appointment and establishment of all salaries of
to^e'xp'/ess'tiiY^ ^^7 Oncers within this province be and hereby is declared to belong to
act by which the said general court or assembly ; and that no publick money bo or
rafsed™and 'the ought to be disposed of by his excellency the governour, and council,
particular ser- \yjx for the uses and intents of and according to the acts by which the
for. said money is raised ; and that no money may or ought to be drawn or

paid out of the j^ublick treasury of this province but by warrant or
order of the governour, with the advice and consent of the council, for
the time being, expressing particularly the act by which the said money
was raised, and for what particular service the same is designed, and to
be applied pursuant to the said act or acts (other than contingent
charges for the support of the government of this province for the time
being). \_Passed June 7 ; pid)lished June 20,

" — whereas an Act setting forth General Priviledges, [1692-3, chap. 11] past also in the year
1692, hath" — " already been repealed. We are also humbly of opinion that the Act entituled
An addition to the Act entituled an Act for the setting forth of General Priviledges be repealed."
— Opinion of the Lords of Trade to the King in council, Dec. 10, 1696.

CHAPTER 4.

AN ACT FOR ASCERTAINING THE FEES OF THE MESSENGER ATTENDING
THE HOUSE OF REPRESENTATIVES.

Be it enacted and ordained by JEs Excellency the Governour, Council
and Mepj-esentatives in General Court assembled, and it is enacted by
the authority of the same.
Messenger's fee [Sect. 1.] That there shall be paid to the messenger attending upon
percUem!^^"^^ the house of representatives, for the time being, out of the publick rev-
enue of this their majesties' province, the su^m of three shillings per
diem for every day that the said messenger shall attend iipon or be
imployed in the service of the said house of reiDresentatives ; and, fur-
Three shillings ther, that the said messenger shall and may demand, recover and receive,
a'warrant of *^^ ^ ^"^^ every person arrested, imprisoned or taken into custody, by
arrest. warrant from the house of representatives, three shilhngs for the service

thr^eepenc^e per ^f sucli AvaiTant of arrest, witli travelling fees after the rate of three-
mile out. pence per mile out ; and also three shillings per diem for safe keeping

[1st Sess.] Province Laws. — 1694-5. ]71

and providing for such person so apprehended and taken into custody, Three shillings
and three shilUngs more upon the dismission or release of the party, lacifpersorTiu
any law, custom or usage to the contrary notwithstanding ; except it be custody, &c.
a member of the house that is so sent for, and then the fees to be paid
shall be less, as the house shall appoint.

And it is herehy further declared,

[Sect. 2.] That the travailing fees mentioned in the act for regulat- Sheriff^s, &c.,
ing fees allowed to sheriffs, marshals, or constables for the service of oniy^threlpence
writts, is to be alike understood of threepence per mile from home, p®^ ^^^ °"*'
and no more. [^Passed June 5 ; piMished June 20.

CHAPTER 5.

AN ACT AGAINST ADULTERY AND POLYGAMY.

Whereas the violation of the marriage covenant is highly provoking
to God and desti'uctive to families, —

JBe it therefore ei%acted by the Governour, Cmmcil mid Mepresentativea
in Genercd Court assembled, and by the authority of the same,

[Sect. 1.] That if any man be found in bed with another man's
wife, the man and woman so offending, being thereof convicted, shall
be severely Avhip'd, not exceeding thirty stripes, unless it appear upon
tryal that one party was surprized and did not consent, which shall
abate the punishment as to such party.

[Sect. 2.] And if any man shall commit adultery, the man and Punishment for
woman that shall be convicted of such ciime before their majesties' adulterers,
justices of assize and general goal dehvery, shall be set upon the gal-
lows by the space of an hour, Avith a rope about their neck, and the
other end cast over the gallows ; and in the way from thence to the
conunon goal shall be severely whip'd, not exceeding forty stripes each.
Also every person and persons so offending shall for ever after wear a
capital A, of two inches long and proportionable bigness, cut out in
cloth of a contrary colour to their cloaths, and sewed upon their upper
garments, on the outside of their arm, or on their back, in open view.
And if any pereon or persons, having been convicted and sentenced for
such offence, shall at any time be found without their letter so worn,
during their abode in this province, they shall, by warrant from a jus-
tice of peace, be forthwith ai^prehended and ordered to be publickly
whii^'d, not exceeding fifteen stripes, and so from time to time, toties
quoties.

A)ul be it further enacted by the authority aforesaid,

[Sect. 3.] That if any person and persons within this their majes- polygamy to be
ties' province, being married, or which hereafter shall many, do, at any punished as
time after the first of July in this present year, one thousand six hun-
dred ninety-four, presume to marry any person or persons, the former
husband or Avife being ahve, or shall continue to live so married, that
then every such offence shall be felony, and the person and persons so
offending shall suffer death, as in cases of felony. And the party and
parties so offending shall receive such and the hke proceeding, tryal
and execution, in such county Avhere such person or persons shall be
apprehended, as if the offence had been committed in such coimty
where such person or pei-sons shall be taken or apprehended.

[Sect. 4.] Provided, ahcays, that tliis act or any thing therein con- saving for per-
tahiod shall not extend to any person or persons whose husband or Avife land^or wffe"^'
shall be continually remaining beyond the seas by the space of scA'en shall be absent
years together, or whose husband or wife shall absent him- or herself ^^^^°^*^"'"®'^'''

172

Peovince Laws. — 1694-5.

[Chap. 6.]

Saving for per-
sons diTorced
or married
within the age
of consent.

1 Gray, 119.

the one from the other, by the space of seven years together, m any
part within their majesties' dominions, or elsewhere, the one of them
not knowing the other to be living within that time.

[Sect. 5.] Provided^ also, that this act or any thing therein con-
tained shall not extend to any jDerson or persons that are or shall be at
the time of such marriage divorced, by any sentence had, or hereafter to
be had, as the law of the province in that case has provided ; or to any
person or persons where the fonner marriage has been, or hereafter
shall be, by such sentence had, declared to be void and of no effect ;
nor to any person or persons, for or by reason of any former marriage
had or made, or hereafter to be had or made within the age of consent ;
that is to say, the man fourteen years of age, the woman twelve.
[JPassed June 6 ; ipvhlished June 20.

CHAPTER 6.

AN ACT FOR REGULATING OF TRADE WITH THE INDIANS.

Indian trades
to be managed
by the treas-
urer, &c., with
the public
stock.

No trading
allowed within
any fort or
garrison.

Ammunition
and liquors
forbidden in
any quantity,
&c.

Penalty for per-
sons trading,
other than such
as shall be ap-
pointed.

Whereas the Indians within the eastern parts of this province,
under the obedience of the crown of England, have dependance upon
the English for supplies of clothing and other necessaries, as formerly
they have been accustomed, which that they may not want ; and to the
intent that the Christian religion be not scandalized, nor any injustice
done to the Indians by extortion, in the taking of unreasonable and
excessive prices for the goods and supplies sold unto them, —

Be it enacted by the Governour, Council and Hepresentatives in
General Court assembled, and by the authority of the same,

[Sect. 1.] That all trade with the said eastern Indians be managed
and carried on, at the charge of and with the publick stock in their
majesties' treasury within this province and for the benefit and advan-
tage of the same, by -suitable truck masters, such as the treasurer of
this their majesties' province and the commissioner for the impost office,
for the time being, shall appoint and agree with under a certain salary,
and to be no. otherwise concerned or interested ; who shall be sworn to
the faithful management of the said trade, according to such instruc-
tions as shall be given them by the said treasurer and commissioner in
that behalf, by direction and approbation of the governour and council,
and to render and deliver a just and true account of the same, with all
the proceeds and profits arising thereby, from time to time, unto the
treasurer; the said accompts to be exhibited and laid before this court
for their perusal when required : the stock to be advanced for begin-
ning of said trade, not to exceed the sum or value of five hundred
pounds, which may be continued and made good out of the returns and
proceeds thereof, and the profits arising thereby to be imployed for
and towards the support of the government of this province. No
trading to be allowed within any of their majesties' forts or garrisons,
but near to the same, and under command thereof; nor shall any officer
or private souldier imployed in their majesties' service be imjiloyed in
the management of said trade ; nor shall any powder, shot, lead, or any
kind of ammunition (more than may be necessary for their hunting),
nor any quantity of strong liquors of any sort, wherewith they may be
made drunk, or exposed to quarrellings and fightings, be traded with or
delivered to any Indian or Indians, or any others for them.

And be it further enacted by the authority aforesaid,

[Sect. 2.] That no person or persons whatsoever, other than those
to be imployed as aforesaid, shall or may presume by themselves, or any
other for them, directly or indirectly, to truck, barter, buy, sell, deal or

[1st Sess,] Province Laws. — 1694-5. 173

trade with any Indian oi- Indians, within any of the eastern parts of
this province, under the penalty of fifty pounds over and above the
forfeiture of all such goods of any sort or kind, and the vessel and ves-
sels as any person or persons shall have been or are found trading in or
with, or the value thereof; one moiety of all such penalties and forfeit-
ures to be unto their majesties, for and towards the support of the gov-
ernment of this province, and the other moiety to him or them that
shall inform and sue for the same, in any of their majesties' courts
within this province that shall have proper cogniscancc thereof : pro-
vided^ that this act shall continue in force during one whole year from
the publication thereof, and until the next sitting of the great and gen-
eral court, and no longer, any thing therein contained notwithstanding.
\_Passed June 13 ; published June 20.

CHAPTER 7.

AN ACT FOR BETTER ENABLING THE TREASURER TO ANSWER PRESENT

DEMANDS.

Whereas this court have provided to raise moneys for supplying the
publick occasions of this their majesties' province and government, and
paying of the just debts owing from the same, by reviving and continu-
ing of the duties upon goods, impost, excise and tunnage of shipj^ing,
and further granting of the same for one year yet to come, and by
granting of a tax of twelvepence a jdoII and one penny on the pound for
all estates ; but forasmuch as the same cannot be collected and drawn
into the treasury timely enough to answer the demands there, where-
fore, upon the fund and credit of the said duties upon goods, impost,
excise and tunnage of shii:)ping, and the said tax or assessment, as also
upon the arrears of all taxes formerly granted and not yet paid in, and
to the ends and uses in the said several acts mentioned for granting of
the said moneys, —

J^e it enacted and ordained by the Governour, Council and Represen-
tatives in General Court assembled, and it is enacted by the authority
of the same,

[Sect. 1.] That the treasurer for the time being do issue forth and
pay out of the treasiTry, in the bills of publick credit of the late colony
of the Massachusetts, to such value as shall be needful, not exceeding
the sum of five thousand pounds (including the sum of fifteen hundred
pounds formerly ordered by this court) ; said bills to be endorst by the
treasurer in manner as is directed by the act entituled "An Act for a 1693-4, chap. 13-
present supply of the treasury," made and passed at the session[s] of
the great and general court begun and held at Boston the eighth day
of November, in the fifth year of the reign of their present majesties:
to be paid out according to the orders of the governoiir and council at
the sum in each bill respectively set down and no more ; and shall be
received by the treasurer and all subordinate receivers whomsoever in
all publick pajonents whatsoever (except for such and so much money as
is or shall be owing for impost and excise at or before the twenty-ninth
day of this present month of June), at the same value, with the advance
of one shilling more on the pound ; any law, custom or usage to the con-
trary notwithstanding.

[Sect. 2.] And all persons having any of the said bills in their pos-
session not being endors't in manner as before directed, shall return the
same unto the treasurer, to be endorst or exchanged for such within the
space of three months next after publication of this present act, on pain
of loosing the same, which are hereby declared to be of no value or
worth after the expii-ation of the said three months. [_JPassed and
published Juuq 22.

174 Province Laws.— 1694-5. [Chaps. 8, 9.]

CHAPTER 8.

AN ACT FOR GRANTING [OF] [A] TOWNSHIP IN THE COUNTY OF BRISTOL,
TO BE CALLED TIVERTON.

Whereas there is a certain tract or ti-acts of land, called by the
Indians Pocasset and Puncateese, scitiiate, lying and being between the
bounds of Little Compton and Freetown, within the county of Bristol,
bordering upon the sea or salt water towards the west, extending along
the shore, between the towns aforesaid, about twelve miles northerly and
southerly, and from the salt water, towards the east, into the country
about four miles till it meet with Dartmouth line, which land belongs
to sundry persons, the proprietors thereof, and was put under the con-
stablewick of Little Compton, aforesaid, who, upon their petition to this
court, are reduced to their fonner state ; noAv, forasmuch as there are
already a competent number of inhabitants and a good quantity of land
convenient for a township, —

£e it therefore enacted by the Govei'nour, Council and Hepresenta-
tives in General Court assembled, and by the authority of the same it
is enacted,

[Sect. 1.] That henceforth the said tract or tracts of land, as now
bounded by the limits and bounds of Little Compton, Freetown and
Dartmouth aforesaid, is and shall be a township, and called by the name
of Tiverton; and shall have and enjoy all such immunities, priviledges
and powers as, generally, other towns within this province have and do
enjoy ; and Joseph Palmer, the late constable, is hereby required, forth-
with, to warne the inhabitants of the said town to meet together to
choose selectmen, constables and other town officers to carry on and
manage their prudential affaires, in an orderly way, as the law directs,
untill the next annual day of election for town officers ; and the said
inhabitants are enjoyned accordingly to assemble and attend the worke.

A?id it is further declared,

[Sect. 2.] That the constable or constables of said Tiverton shall
collect all such arrears of publick [taxes] \_rates'\ as were assessed and pro-
portioned upon the inhabitants of said town by the selectmen of Little
Compton whilst they were annexed to that town, according to the lists
then made, which the said selectmen are to furnish them with ; and the
treasurer is ordered to issue out his Avarrant to the constable or consta-
bles of said Tiverton for collecting the same accordingly. {^Passed
June 14 ; published June 20.

CHAPTER 9.

AN ACT FOR PAYMENT OF FIVE HUNDRED POUNDS TO HIS EXCELLENCY.

£e it enacted by the Governour, Council and Itepresentatives in Gen-
eral Court assembled, and by the authority of the saine,

That there be paid out of the publick treasury of this province to
his Excellency, Sr William Phips, K"*, for his great service in the gov-
ernment the last year, the sum of five hundred pounds. [^Passed June 8.

[2d Sess.] Peovince Laws. — 1694-5. 175

ACTS

Passed at the Session begun and held at Boston,
ON the Fifth day of September, A.D. 1694.

CHAPTER 10.

AN ACT FOR ENCOURAGING THE PROSECUTION OF THE INDIAN ENEMY
& REBELS, AND PRESERVING SUCH AS ARE FRIENDS.

FoK the better securing of the Indians of the several plantations
within the western parts of this province, who have put themselves
under the rule and protection of their majesties' government within the
same, and for the preventing of mischief that might happen to befal
any of them by the English in their pursuit of the common enemy, as
also to the intent that their majesties' subjects be not put in fear or
exposed by any false Indians, jDretending to be fiiends, —

Be it enacted by the Governotir, Council and Representatives in Gen-
eral Court assembled, and hy the authority of the same,

[Sect, 1.] That all the Indians of the several plantations lying to Friend Indians
the westward or right hand of the common and usual road or highway ^fth^certSn
leading from Boston to Rehoboth, be forthwith removed unto such limits.
place or places, as the governour with the advice of the council shall
appoint, to the eastward of the said road or highway, except the
Indians belonging to the plantation of Kekamoochock, near Woodstock,
who are to be under such regulations and circumscribed within such
limits as the governour with advice of the council shall appoint ; and
that the Indians within the several counties of Plymouth, Barnstable
and Bristol, shall not pass out of the bounds of the respective counties
where they reside but upon special occasion, and that certified under
the hand of a justice of the peace, on pain of forfeiting three months'
service to whomsoever shall apprehend and convict any of them of such
transgression before any of their majesties' justices.

[Sect. 2.] And all Indians that, from and after the last day of this Boundaries set
present month of September, shall be discovered or found to the west- to the Indians,
ward of the aforesaid road or highway, or within half a mile of the
easterly side of the said road or any part thereof, or without any other
of the limits and boundaries that shall be appointed and set them by
the governour and council as aforesaid, shall be deemed and accounted as
enemies ; and it shall and may be lawful to and for any of theh* majes-
ties' subjects to treat and prosecute them as such, unless they be Indians
improved in service by the governour with [the^ advice of the council,
and have one or more Englishmen to conduct and accompany them.

[Sect. 3.] This act to be made kno^ni to the Indians of the several Saving,
plantations by the care of the selectmen of the English towns next
adjacent, saving all the land lying, within the county of Hampshu-e, on
the west side of Connecticut River, and five miles on the easterly side
of the same, unless the governour and council shall otherwise dii'ect,
and set such other boundaries for those parts as they shaU see cause.

176 Province Laws.— 1694-5. [Chap. 11.]

And be it further enacted by the authority aforesaid,
Reward for [Sect. 4.] For encouragement to snch as shall voluntarily go fortli,

service done by jj^ greater or lesser parties, in the discovery and pursuit of the common
enemy, that they be paid out of the publick treasmy, for every Indian,
great or small, which they shall kill, or take and bring in prisoner, the
sum of fifty pounds per head ; and shall likewise have and keep to their
own use all plimder by them taken from the enemy. And if it happen
any person to be wounded in such service he shall be cured at the
charge of the publick, and if maimed or otherwise disabled have such
meet stipend or pension allowed as this court shall order ; and for every
Indian that shall be slain in the defence of any house or garrison
attacked, there shall be paid the sum of five pounds per head.
And be it further enacted by the authority aforesaid.
Reward for [Sect. 5.] That all souldiers detached or impressed and listed in

soidiersSer^ their majesties' service shall have aud receive, over and_ above then-
pay. stated pay, the sum of ten pounds per head for every Indian, as afore-

said, which they or any of them shall kill or take prisoner whilst they
are abroad upon service, and bring in ; and the commissioners for the
war are hereby impowi-ed and ordered, upon the producing and deliv-
ering unto them the scalp of any Indian killed as aforesaid, or any
Indian taken and brought in prisoner, to grant a debenture upon the
treasurer for payment of the sum herein before mentioned as a reward
for such service respectively, which reward shall be equally shared and
distributed to and among all the persons of any such party as are in
company at the kilUng or taking any Indian as aforesaid, be they in
pursuit of the enemy or in the defence of any house or garrison, and
the plunder taken to be alike shared and distributed.
And further it is enacted by the authority aforesaid,
[Sect. 6.] That if any person or persons shall produce any scalp,
not being an Indian's scalp, or the scalp of some Indian being not, bona
fide, slain in service as aforesaid, with intent to deceive and obtain the
reward herein before granted, and be thereof legally convicted, every
person and persons so offending shall sufier three months' imprisonment
and also forfeit double the sum that should have accrued to him or
them by virtue of this act, for an Indian bona fide slain, as aforesaid ; one
moiety thereof unto their majesties, for and towards the support of the
government, and the other moiety to him or them that shall inform and
sue for the same in any court of record within this province : provided,
this act shall continue in force unto the end of the session of this court
in May next, and no longer. {Passed September 12 ; published Sep-
tember 15.

CHAPTER 11.

AN ACT FOR ITHE] GIVING SUCCOURS AND ASSISTANCE TO THE
NEIGHBOURING PROVINCES AND COLONIES, AGAINST THEIR MAJES-
TIES' ENEMIES.

Forasmuch as, during the time of war, there may be occasion for
the raising and sending of souldiers to the succours and assistance of
the neighbouring provinces and colonies of New Hampshire, Rhode
Island, King's Province, Connecticut, or New York, for the defence of
their majesties' subjects and interests, and the prosecution of the French
or Indian enemy, —

It is enacted and ordained, by the Governour, Council and Bepresen-
tatives in General Court assembled, and by the authority of the same.

That, in the vacancy of the general assembly, it shall be in the power
of the governour, by and with the advice and consent of the council,

[2d Sess.] Province Laws. — 1694-5. 177

to transport such part of the mihtia of this province as they shall find
needful, or oblige them to march into any of the before named prov-
inces or colonies, for the ends aforesaid, at any time or times as there
shall be occasion, until the end of the session of this court in May
next, and at no time afterward, this present act or any thing therein
notwithstanding. l^J'assed /SeptetJiber 13 ; 2^uhlished Septemher 27.

CHAPTER 12.

AN ACT FOR REGULATION OF THE LATE TAX, AND FOR GRANTING AN
ADDITIONAL SUPPLY OF MONEY.

Whereas, in prosecution of an act of this assembly, made at their
last session, begun and held at Boston the thirtieth day of May past,
entituled " An Act for granting unto their majesties a tax of twelve- 1694-5, chap. 2.
pence a poll, and one penny on the pound for estates," it appears by
the lists returned that the assessors in several towns have not rightly
understood or not duely attended the rules in said act prescribed,
which has occasioned an inequality and disproportion betwixt town
and town, and the sum thereby raised to fall short of what was
expected and is necessary for a supply of the publick occasions ; there-
fore, to the intent that there may be a regulation of the said tax or
assessment to a due proportion, and a further supply of the treasury,
we, the representatives of their majesties' province of the Massachu-
setts Bay in New England, in general court assembled, do cheerfully
grant unto their most excellent majesties, to tlie ends in the before
recited act mentioned, and for the vigorous prosecution of the war, an
additional sum of six thousand five hundred seventy-one pounds, eight
shillings, fourpence, to make iip the sum of nine thousand five hundred
and fifty-nine pounds, in the whole, upon this and the former grant, one
thousand pounds whereof out of the first collection, to be sequestred
and set a part by the treasurer towards answering of the rewards
granted by the act of this court, as encouragement to the prosecution
of the Indian enemy ; and pray that it may be enacted, —

And it is accordijigly enacted and ordained by the Governour,
Council^ and Representatives^ in General Court assembled, and by the
authority of the same,

[Sect. 1.] That the said whole sum of nine thousand five hundred
and fifty-nine pounds be proportioned upon the several towns and
precincts within this province, in manner following ; that is to say, —

IK THE COUNTY OP SUFFOLK.

Boston, sixteen hundred sixty-six pounds thirteen shil-
lings, £1,666 135. Od,

Roxbury, one hundred sixty-one pounds eighteen shil-
lings, . . 161 18 0

Dorchester, two hundred fifty-seven pounds six shil-
lings, 257 6 0

Milton, eighty-nine pounds eight shillings, . . . 89 8 0

Brantrey, one hundi'ed thirty-one pounds thirteen

shillings, . . 131 13 0

Weymouth, one hundred and twenty pounds, . . 120 0 0

Hingham, one hundred and sixty pounds, . . . 160 0 0

Hull, forty-three pounds, ...... 43 0 0

Dedham, one hundred and three pounds nineteen

shillings, 103 19 0

Medfield, seventy-two pounds five shillings, . . 72 5 0

178

Province Laws. — 1694-5.

[Chap. 12.]

Wrentham, twenty-nine pounds,

Mendon, twenty-nine pounds ten shillings, .

Oxford, eight pounds six shillings, . . . .

IN THE COCTSTTY OF ESSEX.

Salem, three hundred sixty-two pounds fourteen shil-
lings, .........

Ipswich, four hundred sixty-six pounds eight shillings,

Newberry, three hundred twenty-one pounds sixteen
shillings, . . . . • . • • •

Rowley, one hundred and nine pounds fourteen shil-
lings,

Salisbui-y, sixty pounds,

Aimsbury, thirty pounds,

Haverhill, eighty-six pounds four shillings, .

Andover, ninety-six pounds nine shillings, .

Bradford, thirty-six pounds three shillings, .

Boxford, forty-seven pounds two vshillings, .

Topsfield, eighty pounds fifteen shillings, .

Marblehead, one hundred eighty-three pounds ten
shillings,

Lynn, one hundred eighty-two pounds thirteen shil
lings, ........

Wenham, ninety-one pounds eleven shillings,

Beverly, one hundred thirty-eight pounds fifteen shil
lings, .

Glocester, seventy-five pounds five shillings,

Manchester, twenty-one pounds five shillings,

IN THE COUNTY OP PLYMOUTH.

Plpnouth, one hundred and six pounds eleven shil
lings, ........

Situate, one hundred sixty-seven pounds eleven shil
lings, ........

Duxborough, sixty-six pounds, ....

Marshfield, eighty-three pounds fifteen shillings, .

Bridgewater, seventy pounds, ....

Middleboro', thirty-one pounds thirteen shillings,

IN THE COUNTY OF BARNSTABLE.

Barnstable, one hundred thirty-two jDounds,
Yarmouth, ninety pounds, . . . , .
Eastham, one hundred and twelve pounds, .
Sandwich, one hundred and ten pounds thirteen shil
lings, ........

Falmouth, twenty-two pounds eight shillings,
Manamoy, twenty-three pounds twelve shillings,
Rochester, eighteen pounds one shilhng,- .

£29 05. Od.

29 10 0

8 6 0

362 14 0

466 8 0

321 16 0

109 14 0

60
30

86
96
36

0 0

4 0

9 0

3 0

2 0

80 15 0

183 10 0

182 13 0

91 11 0

138 15 0
75 5 0
21 5 0

106 11 0

167 11 0

66 0 0

83 15 0

70 0 0

31 13 0

132 0 0

90 0 0

112 0 0

110 13 0

22 8 0

23 12 0
18 1 0

IN THE COUNTY OF MIDDLESEX.

Charlestown, three hundred and four pounds thi-ee

shillings, 304 3 0

Watertown, two hundred thirty-three pounds fifteen

shillings, ......... 233 15 0

Cambridge, one hundred and eighty pounds three

shillings, 180 3 0

Concord, one hundred and thirty pounds thirteen

shillings, 130 13 0

Woburn, one hundred seventy-six pounds five shillings, 176 5 0

[2d Sess.]

Province Laws. — 1694-5.

179

Marlboro', eighty pounds two shillings,

Groton, fifty pounds, ......

Reading, one hundred and one pounds seventeen shil
lings, ........

Chelmsford, ninety-one pounds three shillings, .
Sudbury, one hundred and ten pounds five shillings,
Maiden, one hundred pounds two shillings,
Medford, thirty-three pounds seven shillings,
Billerica, sixty-six pounds two shillings,
Lancaster, thirty pounds fifteen shillings, .
Stow, nineteen pounds [ten'] [eleven] shillings, .
Newtown, ninety pounds seven shillings, .
Sherbourn, fifty-four pounds seventeen shillings,

IN THK COUNTY OF HAMPSHIRE.

SiJringfield, one hundred nineteen pounds seventeen

shillings,

Northampton, one hundred and fifteen pounds thirteen

shillings, .......

Hadley, seventy pounds three shillings,
Hatfield, sixty-three pounds nine shillings, .
Southfield, twenty-four pounds three shillings,
Westfield, thirty-nine pounds fourteen shilhngs,
Enfield, six pounds thirteen shilUngs, .

IN THE COUNTY OF YORK

York, twelve pounds,

Wells, twelve pounds, ....

Kittery, twenty-eight pounds,
Isles of Shoales, twelve pounds, .

IN THE COUNTY OF BRISTOL,

Bristol, seventy-six pounds, . . . . . 76 0 0
Taunton, one hundred thirty-one pounds sixteen shil-
lings, 131 16 0

Dartmouth, ninety-eight pounds three shillings, . . 98 3 0

Freetown, twenty-one pounds one shilling, . . . 21 1 0

Relioboth, one hundred and twenty pounds, . . 120 0 0

Swanzey, eighty-four pounds fifteen shillings, . . 84 15 0

Little Compton, fifty-one pounds two shillings, . . 51 2 0

Tiverton, twenty-five pounds eleven shillings, . . 25 11 0

Nantucket, ninety pounds, 90 0 0

[on Martha's vineyard.]

Edgar Town, forty-four pounds two shillings, . . 44 2 0

Tisbury, thirty-one pounds thi-ee shillings, . . . 31 8 0

Chilmark, thirty-one pounds three shillings, , , 31 3 0

A7id be it further enacted hy the authority aforesaidy

[Sect. 2.] That the treasurer do forthwith send his warrants unto jhe treasurer
the assessors of each town and precinct aforesaid, that were lately forthwith to
chosen by virtue of the before i-ecited act, reqiiiring them to assess the rants toVhe''
before mentioned sum set and proportioned upon such town or precinct, assessors,
respectively (subducting therefrom the sum total of their hst already
returned unto the treasurer), upon the polls and estate lying within
such town or precinct, in manner following ; that is to say, two shil-
lings on each poll qualified as in the said forerecited act is expressed,
and the remaining part upon such ratable estate as in the said act is

£80

25.

Qd.

101

110

100

119

115

180

Province Laws. — 1694-5.

[Chap. 12.]

Rule of the

assessment.

Lists of assess-
ment to be
transmitted
unto the treas-
urer at or be-
fore the last of
October.

Constables and
collectors to
issue their
accounts at or
before the last
of January.

Penalty for as-
sessors' neglect.

Pay of assess-
ors.

Penalty for
default in
constables or
collectors.

particularized and set down, according to the several rates therein men-
tioned, so often multiplied as to compleat their whole sum proportioned
unto them. All goods, wares and merchandize imported, to he assessed
at one penny on the pound towards this additional grant, any thing in
the said act for excepting the same notmthstanding.

[Sect. 3.] And where the assessors in any town or precinct have not
already made and returned the list of their assessment unto the treas-
urer, they are forthwith to attend the same according to the directions
in the treasurer's warrant, formerly sent unto them, for the first part of
their proportion, and the directions in this present act for the
remainder. And the lists of this whole assessment so made and per-
fected as aforesaid, are to be transmitted by the assessors in each town
and precinct, and delivered unto the treasurer, at or before the last day
of October next ensuing.

[Sect. 4.] And the treasurer is hereby ordered to issue out his
warrants directed to the constables or collectors of the several towns
and precincts, requiring them forthwith to collect and gather the said
assessments and pay in the same, unto himself, his successor or order, at
or before the last day of January thence next following, by which time
they are to make u^j and issue their accompts of the whole ; and for such
towns and places as have not yet made any return, to pay in one-third
part of their respective proportion, at or before the first day of Novem-
ber, the time set by the former act, and the full remainder at or before
the said last day of January next.

[Sect. 5.] And if the assessors in any town or precinct shall neg-
lect or fail of performing their duty or trust herein committed unto
them, by not making or not returning of their lists within the time
before prefixed, being thereof convicted before the court of general
sessions of the peace within the same county, upon complaint made
by the treasurer, or any on his behalf, they shall forfeit and pay unto
their majesties, for the ends and uses for which this tax is granted, the
full sum proportioned to such town or precinct, to be levied by distress
and sale of such defective assessor's goods or estate.

[Sect. 6.] And all assessors shall be paid by the treasurer of their
respective towns, two shillings and sixpence per diem, each, for every
day's time they spend in said service.

And be it further enacted by the authority aforesaid,

[Sect. 7.] That the treasurer, the assessors, constables and collec-
tors in the several towns and precincts be, and hereby are, respectively,
authorized and impowred to take, use, and exercise the same methods,
directions and powers contained in the several sections and paragraphs
in the said act, entituled "An Act for granting unto their majesties a
tax of twelvepence a poll, and one penny on the pound for estates,"
for the collecting and gathering of the additional sum herein granted,
and shall lye under the same obligation to duty, and sufier the like
penalties in case of default, as is thereto respectively annexed.
[Passed September 14 ; published September 22.

[2d Sess.] Province Laws.— 1694-5. 181

CHAPTER 13.

AN ACT FOR GRANTING A TOWNSHIP IN THE COUNTY OF BARNSTABLE,
TO BE CALLED HARWICH.

Whereas there are a competent number of inhabitants already
settled upon that tract of land commonly called and known by the
name of Satuckett, within the county of Barnstable, containing a
sufficient quantity of land, and lying convenient for a township,
therefore, for encouragement of the said settlement, —

It is enacted bi/ the Governour, Council and JRepresentatives in Gen-
eral Court assembled, and by the authority of the same,

That all the said lands lying betwixt the bounds of the town of
Yarmouth upon the west, and the town of Estham on the east, run-
ning from the head of Bound Brook to the head of Namskeket, about
ten miles in length, and about seven miles in breadth, extending from
sea to sea, be and henceforth shall be a township, the town to be called
Harwich, and shall have and enjoy all such immunities, priviledges and
I^owers as generally other towns within this jirovince have and do by
law enjoy : provided, it doth not intrench upon former grants referring
to townships. And that for all arrears of publick taxes, and for the
late tax and addition thereto now granted by this court, the inhab-
itants of said place do remain and continue under the same regula-
tions, directions and officers as before the making of this act. \_JPassed
September 14 ; published September 22.

CHAPTER 14.

AN ACT TO RESTRAIN THE EXPORTATION OF PITCH, TAR, ROZIN, PLANK

AND SHIP TIMBER.

Wheeeas his majesty has signijSed his pleasure that a tryal be made
of the stores, raysed within these parts of his dominions, for the furnish-
ing of his royal navy, to the intent, therefore, that satisfaction be given
unto his majesty herein, —

Be it enacted by the Governour, Council and Mepresentatives in Gen-
eral Court assembled, and by the authority of the same,

That from and after the first day of October next, no person or per-
sons whomsoever, shall carry, convey or transport, by land or water, or
lade and put on board any ship or other vessel whatsoever, or into any
cart or other carriage, with intent to carry, convey or transport, any
pitch, tar, rozin, j^lank or ship timber, out of this i^rovince, other than
by sj^ecial licence of the governour and council, or for the necessary
stores of merchant's ships or vessels, on pain of forfeiting all such pitch,
tar, rozin, plank and ship timber, and the ship or vessel with all the
tackling, apparrel, furniture and appurtenances to her belonging, in
which any pitch, tar, rozin, plank or ship timber shall be so laden and
put on board for transportation ; the one moiety thereof unto their
majesties, for and towards the support of the goverament of the province,
and the other moiety to him or them who shall infoiin and sue for the
same, in any court of record within this province, by bill, plaint or
information. And all officers imploycd in and about the impost, are
hereby ordered and authorized to take care that this act be duely
observed : promded, that this act shall continue in force unto the end
of the session of this court in May next, and no longer. \_Passed
and published September 22.

183 Province Laws.— 1694-5. [Chap. 15.]

ACTS

Passed at the Session begun and held at Boston,
THE Sixteenth day of October, A.D. 1694.

CHAPTER 15.

AN ACT TO ENABLE TOWNS, VILLAGES AND PROPRIETORS IN COMMON
AND UNDIVIDED LANDS, &c., TO SUE AND BE SUED.

9 Gray, 611. Whereas, amongst other things in their majesties' royal charter for

incorporation of this province, it is contained and granted in these
Ante, p. 9. words following ; that is to say, " Provided, nevertheless, and we do
for ns, our heires and successors, grant and ordain that all and every
such lands, tenements and hereditaments, and other estates, which any
person or persons, bodys politique or coi'porate, towns, villages, col-
ledges or schools, do hold and enjoy, or ought to have, hold and enjoy
within the bounds aforesaid, by or under any grant or estate duely
made or granted by any general court formerly held, or by virtue of
the letters patents herein before recited, or by any other lawful right or
title whatsoever, shall be by such person or persons, bodys politique
and corporate, towns, villages, colledges or schools, their respective
heires, sviccessors and assigns, for ever hereafter, held and enjoyed
according to the puiport and intent of such respective grant, &c.;"
1692-3, chap. 28, cind whereas, by one act of the general court, intituled " An Act for
§ 3. the regulating of townships, &c.," amongst other things it is enacted

that the proprietors of the undivided or common lands Avithin each town
or precinct in this province, where the same have been heretofore
stated, each one's proportion being knoAvn, shall and hereby are
impowred to order, improve or divide, in such way and manner as shall
be concluded and agreed upon by the major part of the interested ;
and the proprietors of all undivided or common lands not stated and
proportioned as aforesaid, shall and hereby are impowei'cd to manage,
improve, divide and dispose of the same as hath been or shall be con-
cluded and agreed on by the major part of such proprietors ; now for
the better enabling the said persons, towns, villages, trustees for
schools and proprietors aforesaid, to manage, maintain, recover and
defend their grants, lands, interests, and estates, —

Me it enacted and declared by the Governour, Council and Represen-
tatives in General Court asseiinhled, and by the authority of the same,
Persons, towns, [Sect. 1.] That it shall and maybe lawful for all and every the said
s^^^/defend*" persons, towns, villages, precincts, trustees for schools, and proprietors
in any court, in common and undivided lands, grants, and other estates or interests
whatsoever, to sue, commence and prosecute any suits or actions, in
any coin-t proper to try the same, either by themselves or their agents or
attourneys, to be appointed by such as have in them the major part of
the interest ; and in like manner to defend all such suits and actions
as shall be commenced against them or any of them.

[3d Sess.] Province Laws.— 1G94-5. 183

And further be it enacted by the authority aforesaid,

[Sect. 2.] That all and every town, village and precinct, and pro- Towns, viUa-
prietors in common or undivided lands, which shall have occasion to fhoose agents
sue or shall be sued, may at a meeting of the inhabitants of such town, or attorneys to
village or precinct, or proprietors aforesaid, orderly warned, by the or*deftndthem.
major vote of such as shall meet, chose agents or attourncys to prose-
cute for or defend them ; such choice being certified by the clerk of
such town, village, precinct or proprietors, or by such other person as
they shall appoint.

[Sect. 3.] And when any town, village, precinct or proprietors How summons
aforesaid, shall be sued, it shall be sufficient notice to oblige them to toobiige^towns.
appear and answer, to leave a writt or summons with their clerk, or &c., to answer.'
other principal inhabitant or propiietor (briefly declaring the case),
fourteen days before the sitting of the court where the case is to be
heard, as in other actions is provided. \_Passed October 25 ; published
October 31.

CHAPTER 16.

AN ACT FOR REGULATING FERRIES.

To THE intent that all femes within this province be duely kept and
constantly attended for the ends Avhereunto they are appointed, —

JBe it enacted by the Govemour, Council and Ite2)resentatives in
General Court cissemhled, and by the authority of the same,

[Sect. 1.] That henceforth no person or persons whatsoever shall Ferrymen to be
attempt to keep a ferry (so as to demand pay), without special licence qSe^ ses-^^
first had and obtained from their majesties' justices in quarter sessions sions.
[o/] [for] that county where such ferry is ; who are hereby impowred
to grant licences to such i:)ersons as they shall judge meet for that ser-
vice, in their respective counties, and to state the fare or j^rices of each
fen-y, both for man and beast, according to the nature and breadth of
such river or water they are to pass over, taking bond of each fen-yman —to give bond,
for the faithfull discharge of his place (except such ferries as are already
stated and settled, either by the court or towns to whom they apper-
tain). And all feiTpnen are hereby enjoyned to keep a good boat or Penalties for
boats, in good repair, suitable to the waters they are to ferry over, and and notk«;ping
also to give ready and due attendance on passengers upon all occasions, good boats,
on i:)enalty of five shillings for every default of non-attendance ; and
for want of a good boat kept in good repair, to pay five pounds ; the
one-half to their majesties, for and towards the support of the govern-
ment, the other half to him or them that shall infoim and sue for the
same before a justice of the peace or at the quarter sessions respec-
tively, besides what damage may accrue to any person through the
ferryman's default.

And further it is enacted,

[Sect. 2.} That the general post that is settled for their majesties' Penalty for
and the countrye's service be readily dispatched and set over by all poitf"*^*^^
fenymen where they shall come, without any delay. And if any ferry-
man shall be complained of and duely convicted, before any justice of
the peace, for delaying any post and not forthwith fenying of him
over, he shall forfeit the sum of tAventy shillings unto their majesties,
for and towards the support of the government.

[Sect. 3.] And that boats be constantly kept on either side of the Assembly-men
water at Charlestown FeiTy, for the more speedy transportation of f°Q^^^^ I'errage
passengers ; the ferrymen on each side to have a separate interest, and
that the ferry be not from henceforth leased out othei-wise. And all

184 Province Laws.— 1694-5. [Chaps. 17,18.]

the members of the general assembly shall be ferrage free at all ferrys,
in theh- passing to and from the assembly, and shall be transported
without any unnecessary delay, on pain of forfeiting twenty shillings
as abovesaid. \_Passed October 25 ; piiblisTied October 31.

CHAPTER 17.

AN ACT FOR GRANTING A TOWNSHIP WITHIN THE COUNTY OF BRISTOL
TO BE CALLED ATTLEBOROUGH.

Whereas there is a certain tract of laud commonly called by the
name of the North Purchase, lying within the county of Bristol, con-
taining, in length, about ten miles, from Patucket River to the bounds of
Taunton, and extending about eight miles, in breadth, from the line or
boundary betwixt the two late colonies of Massachusetts and Ply-
mouth, to the bounds of the town of Rehoboth, being a convenient tract
for a township, and more than thirty families already settled thereupon ;
for the better encouragement and settlement of the said plantation, —

IBe it enacted by the Governom\ Council and Representatwes in
General Court assembled, and by the authority of the same,

That henceforth the said tract of land as above described, and
bounded by the townships of Taunton and Rehoboth (no ways to
intrench upon either of their rights), be and shall be a township, and
called by the name of Attleborough, and shall have and enjoy all such
immunities, priviledges and powers as, generally, other towns within
tills jorovince have and do by law enjoy : provided, that it be not in
prejudice of any former grant : —

jProvided, also, that the inhabitants of said place do continue under
the power and directions of the selectmen, assessors and constables of
Rehoboth (whereto they were formerly annexed), as well referring unto
any assessments and arrears thereof, as all other things proper to the
duty of selectmen, assessors and constables, respectively, until they are
supj)lied with such officers among themselves, according to the direc-
tions in the law in that case made and provided. [^I^assed October 19;
published Ocotober 31.

CHAPTER 18.

1692-3, chap. 33. AN ACT IN FURTHER ADDITION TO THE ACT FOR ESTABLISHING OF JUDI-
CATORIES AND COURTS OF JUSTICE WITHIN THIS PROVINCE.

DisaUowed by Whereas, by the Said act, amongst other things therein contained,

the privy coun- it is granted that it shall be in the libertj'" of the party cast in any of

ci Dec. 10,1696. ^j^g inferiour courts to appeal from the verdict and judgment there

given, unto the next superiour court to be held within or for the same

county, the case there to be tryed to a final issue ; upon experience of

sundry inconveniences arising by so conclusive a determination, —

Jt is enacted by the Governow, Council and Representatives in
General Goiirt assembled, and by the authority of the same.
Review of [Sect. 1.] That it shall and may be lawful for either party, appellant

Buperior court, or defendant, that, since the making of the said act, hath been, or at
any time hereafter shall be agrieved by any verdict and judgment
given in any superiour court of judicature within this jDrovince, within
the space of eighteen months next after such judgment given, and not
afterwards, to review such action by process out of the same court,

[3d Sess.] Province Laws. — 1694-5. 185

once and no more ; the case, upon such action of review, to be finally
issued and determined : saving, always, a right of appeal unto their
majesties in council, in such cases only as the law has provided for.

And Avhereas by the said act the bringing of a writt of error is
limited to ten dayes after judgment given, —

He it enacted,

[Sect. 2.] That it shall be allowable for any party, in pursuance of Twenty days
said act, to bring his writt of eiTor at any time within the space of bring a writ of
tAventy days next after such judgment given ; any law or usage to the *^"°''-
contrary notwithstanding.

And he it further enacted by the authority aforesaid,

[Sect. 3.] That attourneys' fees to be allowed at the superiour Attorney's fees,
court of judicature, shall be twelve shillings, and, at the inferiour
court, ten shillings, and no more ; and but one attourney to be paid for
in any case ; and not any allowance to an attourney in any case before
a justice of the peace; and that the fee for a writt, in any case to be Justice's fee
tryed before a justice of the peace, shall be one shilling; and for serving ^^^ a writ, &c.
of said Avritt, one shilling, and no more ; any law, usage or custom to the
contrary notwithstanding. \_Passed October 22 ; j^^^^^ished October 31.

" — whereas the Acts entituled An addition to the Act for establishing Judicatories and Court®
of Justice within this Province," [1693-4 chap 11,] "An Act of supplement and addition to
severall Acts and Laws of this Province," [1693-4, chap. 20,] "And an Act in further addi-
tion to the Act for establishing of Judicatories and Courts of Justice within this Province, Do all
of them either wholly or in part derive from or depend upon a former Act past in the j-ear
1G92, entitled An Act for the establishing of Judicatories and Courts of Justice within this
Province," [1692-3, chap. 33, a7i(e,] "which has already been repealed, "We are humbly of
opinion that these also be repealed." — Opinion of the Lords of Trade to the King in Council,
X'ec. 10, 1G96.

CHAPTER 19.

AN ACT FOE PAYMENT OF THE PROVINCE DEBTS.

Whereas this province is indebted to sundry persons considerable
sums of money taken up upon loan at interest, for the jjayment and
discharge of which debts, and to no other end, until the same be fully
satisfied, Ave, the representatives of their majesties' province of the
Massachusetts Bay in ISTcav England, in general court assembled, do
grant unto their most excellent majesties, to the end before mentioned,
a rate or tax of four thousand eight hundred and forty-one pounds ten
shillings, in money.

And be it enacted by the Governoiir, Council and Representatives in
General Court assembled, and by the authority of the same,

[Sect. 1.] That the said sum of four thousand eight hundred and
forty-one pounds, ten shillings, be proportioned upon the several towns
and precincts within this province in manner foUoAving ; that is to say, —

IN THE COUXTY OP SUFFOLK.

Boston, nine hundred and nineteen jiounds, . . , £919 Qs. 0(?.

Roxbury, eighty-seven pounds, . . . . . 87 0 0

Dorchester, one hundred tAventy-four pounds, . . 124 0 0

Milton, forty-four pounds, . . . . . . 44 0 0

Brantrey, scA^enty pounds, 70 0 0

Weymouth, sixty pounds, 60 0 0

Hingham, eighty jDounds, 80 0 0

Dedham, sixty-four pounds, 64 0 0

Medfield, thirty-six poimds, 36 0 0

Wrentham, fifteen pounds, . . . . . . 15 0 0

Mendon, fifteen jDounds, 15 0 0

Hull, twenty-one pounds ten shillings, . , . . 21 10 0
24

186

Province Laws. — 1694-5.

[Chap. 19.]

IN THE COUNTY OF SnDDLESEX

Chai-lestown, one hundred :ind sixty pounds,

Watertown, one hundred and twenty pounds,

Cambridge, ninety-five pounds,

Concord, sixty-eight pounds,

Woburn, ninety pounds,

Marlborough, forty-one pounds,

Groton, fifteen pounds, .

Readmg, fifty-three pounds,

Chelmsford, forty-six pounds,

Sudbury, fifty-seven jiounds,

Maiden, forty-eight pounds,

Medford, seventeen pounds,

Billerica, thirty-four pounds,

Lancaster, fifteen pounds.

Stow, ten pounds, .

Newtown, forty-seven pounds,

Sherborne, twenty-eight pounds,

IN THE COUNTY OP BEISTOL.

Bristol, thirty i)ounds,
Taunton, sixty-seven povmds,
Dartmouth, fifty-two pounds,
Freetown, twelve pounds,
Rehoboth, forty-four pounds,
Swanzey, fort3^-four pounds.
Little Compton, twenty-seven pounds,
Tiverton, fourteen pounds,
Attleborough, twelve pounds,.

ON maetha's vineyard.
Edgar Town, twenty-three pounds,
Tisbury, sixteen pomids, ....

Chilmark, sixteen pounds, ....

Nantucket, forty-five pounds,

IN THE COUNTY OP ESSEX.

Salem, one hundred and ninety pounds,
Ipswich, two hundred thirty-three pounds,
Newberry, one hundred sixty-one pounds,
Salisbury, thirty pounds,
Aimsbury, fifteen pounds,
Haverhill, forty-three pounds,
Andover, forty-eight pounds,
Bradford, eighteen pounds,
Boxford, twenty-four pounds,
Topsficld, forty pounds, .
Marblehead, ninety-tAvo pounds,
Lynn, ninety-tAVO pounds,
Wenham, thirty-six pounds, .
Beverly, sixty-seven pounds, .
Glocester, forty pounds, .
Manchester, ten jjounds,
Rowley, fifty-five pounds,

IN THE COUNTY OF HAIIPSHIRE.

Springfield, sixty-two pounds, ....
Northampton, fifty-eight pounds, ....

£160

Os. Od.

120

190

233

161

[3d Sess.]

Province Laws. — 1694-5.

187

Haclley, thirty-six pounds,
Hatfield, thirty-two pounds,
Southficld, twelve pounds,
Westfield, twenty pounds,
Enfield, three pounds, .

£36 Os. Od.

32 0 0

12 0 0

20 0 0

3 0 0

IN THE COinSTTY OF rLYMOtTTn,

Plymouth, fifty-five pounds.
Situate, eighty-two pounds, .
Duxhury, thirty-three pounds,
Marshficld, forty-five pounds,
Bridgewater, thirty-five pounds, .
Middleborough, sixteen pounds, .

IN THE COUNTT OF BARNSTABLE.

Barnstable, sixty-four pounds,
Yarmouth, forty-two pounds,
Eastham, forty-four pounds.
Sandwich, fifty-two pounds,
Falmouth, eleven pounds,
Manamoy, ten pounds,
Rochester, eleven pounds,
Harwich, sixteen pounds,

55 0 0

82 0 0

33 0 0

45 0 0

35 0 0

16 0 0

64 0 0

42 0 0

44 0 0

52 0 0

11 0 0

10 0 0

11 0 0
16 0 0

IN THE

York, six pounds,
Wells, six pounds,
Kitterjr, twelve pounds.
Isle of Shoals, three pounds,

COITNTY OP YOEK.

6 0 0

12 0 0

3 0 0

And be it further enacted hy the authority aforesaid,
[Sect. 2.] That the treasurer do send forth his waiTants unto the
selectmen or assessors of each town and precinct aforesaid, at or before
the last day of March next, requiring them to assess the aforemen-
tioned sum set and proportioned to such town or precinct, respectiAcly,
upon the polls and estate wdthin the same, in manner following;
that is to say, two shillings on each poll qualified as in a fonuer act of
this court, made and passed at their session [s] begun and licld the
thirtieth day of May last, entituled " An Act for granting unto their
majesties a tax of twelvepence a poll, and one penny on the pound for
estates;" and the remaining part to complcat their said proportion
upon all ratable estate, without any exception, according to the valua-
tion[s] in said act mentioned ; and to transmit and cause to be delivered
unto the treasurer the lists of their assessment so made and perfected,
at or before the sixteenth day of April following, together with the
names of the constables or collectors of such town or place for that
year. And the treasurer is hereby further impowred and ordered to
issue out his Avarrants, directed unto the constables or collectors of the
several towns and precincts aforesaid, requiring them to collect and
gather the said assessment, and pay in the same unto himself, his succes-
sor or order, at or before the last day of June thence next ensuing, by
which time they are to make up and issue their accompts of the same.
And it isfurtJier enacted by the authority aforesaid,
[Sect. 3.] That the treasurer, selectmen or assessors, constables
and collectors, in the several towns and precincts, be and hereby are
respectively authorized and impowred to take, use and exercise the
same methods, directions and powers contained in the several sections
and paragraphs in the afore-recited act for the levying, collecting and
gathering of this present tax or assessment, and shall be under the

Treasurer to
issue forth his
warrants at or
before the last
day of March.

Rule for the
assessment.

1694-5, chap. 2.

To be paid in
and accounts
thereof issued
by the last day
of June.

Treasurer, &c.|
power.

188

Province Laws. — 1694-5,

[Chap. 20.]

Penalty.

Treasurer to
issue fortli
three thousand
pounds in bills
of credit.
1693-4, chap. 13.

Injunction
upon select-
men, assessors
and constables,
&c., that have
not attended
their duty.

Provision
where consta-
bles or collec-
tors are dead.

same obligation to duty, and suffer the forfeitures and penalties in case
of default, as is thereto respectively annexed.

And be it further enacted by the authority aforesaid,
[Sect. 4.] That the treasurer be and hereby is impowred to issue
forth and pay a certain number of the bills of credit of the late
colony of Massachusetts, endorst in manner as is directed by the act
entituled "An Act for a present supply of the treasuiy," to the sum of
three thousand pounds, and no more, towards the payment of said
debts ; which bills shall pass out of the treasury at the value therein
expressed : the treasurer to have credit in his accompt after the rate
of five pounds percent more for such sum[s], in said bills, as he shall so
issue forth as aforesaid, having been received into the treasury at that
value ; and the said bills shall be taken and accejDted in all publick pay-
ments, with the advance of twelvepence on the pound over and above
the sum therein expressed. And this present tax is hereby granted as
a fund for the repayment of all such sums, in said bills, as shall be in the
hands of particular persons, in currant money of this province.
A7id further it is enacted by the authority aforesaid,
[Sect. 5. j That in all towns or precincts where there has been an
omission or neglect of assessing their proportion to any publick tax
heretofore granted as by any former act of this court they were
enjoyned, the selectmen or assessors of such town or precinct, that then
were, or the major part of them, shall forthwith attend their duty in
that respect, and make the said tax or assessment, and commit the
same unto the constables or collectors that then were, on pain of
forfeiting unto theii* majesties the sum of twenty jDOunds, by each per-
son that shall be duely convicted of neglect or refusal, upon complaint
or information of the treasurer unto the court of general sessions of
the peace, held for that county ; and such constables or collectors as
then were, shall be and hereby are obliged to collect and gather in the
same tax or assessment, the treasurer to enable and impower them
thereto by his warrant, containing the usual powers and authorities,
and shall have and receive as a gratification, for their trouble and
service therein, sixpence on the pound for all sums which they shall so
collect, to be paid unto them or recovered by action from the select-
men or assessors who formerly omitted or neglected their duty.

[Sect. 6.] And where any constables or collectors in any town are
dead before their perfecting of the collection of any publick assessment,
the selectmen of such town shall procure and a2:)point, at the town's
charge, some other fit person or persons to perfect the same collection,
and present their names unto the treasurer, who is hereby authorized
to enable and impower them thereto by granting them a warrant.
{jPassed October 27; pid}lished October 31.

CHAPTER 20.

AN ACT FOR PAYMENT OF FIVE HUNDRED POUNDS TO HIS EXCELLENCY.

JBe it enacted by the Governour, Council and B,epresentatives in Gen-
eral Court assembled, and by the authority of the same.

That there be paid out of the publick treasury of this province, to his
Excellency, S"' William Phips, K"', for his great service in the govern-
ment this present year, the sum of five hundred pounds. [JPassed
October 27, 1694.

[4th Sess.] Province Laws. — 1694-5. 189

ACTS

Passed at the Session begun and held at Boston,

ON the Twenty-seventh day of February,

A.D. 1694-5.

CHAPTER 21.

AN ACT FOR REVIVING OF ACTIONS AND PROCESS LATELY DEPENDING IN
THE SUPERIOUR COURT OF JUDICATURE, COURT OF ASSIZE AND GEN-
ERAL GOAL DELIVERY WITHIN THE COUNTY OF ESSEX, AND DISCON-
TINUED BY THE NOT HOLDING OF THE SAID COURT AT SALEM UPON
THE SECOND TUESDAY IN NOVEMBER, 1694.

Wheebas, by reason of sickness and other more weighty occasions
of the province intervening, the superiour court of judicature, court of 1692-3, chap. .33,
assize and general goal delivery could not be held and kept at the ^ ''
time prefixed by law for the sitting of the same, at Salem, within the
county of Essex, upon the second Tuesday in November, in the year of
our Lord one thousand six hundi'ed ninety and four, for which, if due
provision be not made, gi-eat delay of justice and consequently great
expences to the suitors in the said court will ensue, therefore, for the
continuing and reviving all manner of actions or pleas lately depending
and all manner of process that were returnable or dej^ending in the said
court, and which were discontinued and put without day by the not
holdmg the said court, —

JBe it enacted hy the Lieutenant Governour, Council and Represen-
tatives in General Court assembled, and hy the authority of the same,

[Sect. 1.] That all pleas, writts, actions, suits, plaints, process, pre-
cepts or other things whatsoever, that were returnable or had day or
days in the said superiour court of judicature, or assize and general
goal delivery, to have been holden and kept as aforesaid, shall stand
continued and be revived, and are hereby continued and adjourned
unto, and shall and may be pleaded, heard and proceeded upon at the
next sujieriour court of judicature, court of assize and general goal
delivery within the said county of Essex, to sit at Ipswich on the third
Tuesday in May next ensuing ; and that all j)arties that had day by
any pleas, writts, bills, actions, suits, plaints, process, precej)ts or other
thing or things whatsoever, at or in the said court to have been kept
at Salem as aforesaid, shall respectively appear at the said next court
to be holden at Ipswich, under the penalty of forfeiting any obliga-
tions or recognizances conditioned for the appearance of the said par-
ties at the aforesaid court in Salem, or under any other penalty that
might have incurred upon the said parties for not apj^earing at the
said court in Salem, if the same had been there holden and kept : 2^^o-
vided, tievertheless, and it is not to be understood by anything herein
contained, that the jurors chosen and summoned to serve at the said
court in Salem are obhged to appear and serve at the said court to sit
at Ipswich, but that new jurors shall be chosen to serve at said court as
of course.

190 Province Laws.— 1694-5. [Chap. 22.]

Provided, also, that where it hapi:)ens any person or persons, being
piincipals, that Avere under bond, obligation or recognizeance for appear-
ance at the said court to have been hohlen at Salem, are, since that,
removed and gone beyond sea or out of this province, and shall not be
returned before the sitting of the next court to be held at Ipswich, it
shall be in the power of the court sitting at IpsAvieh, upon motion made
on that behalf, and they are accordingly to allow a continuance of any
such l^ond, obligation or recognizeance to such further time as shall be
thought necessary ; that no person concerned may be sui-prized or have
advantage unreasonably taken against them.

And be it further enacted by the authority aforesaid,
Power for [Skct. 2.] That when and so often as it shall happen the superiour

adjourning of court of judicature, court of assize and general goal delivery, or the
inferiour court of pleas in any of the respective counties within this
province cannot be held and kept on the day by law prefixed for hold-
ing of the same, by reason of death or sickness befalling any of the jus-
tices of such court, or any providential, necessary and unavoidable let or
hindrance of their attendance, it shall and may be laAvful to and for any
two of the justices of such court, respectively, by writt under their hands
and seals, directed unto the sheriff of the county, therein inserting the
occasion thereof, to adjourn the said court unto a further day, as in the
said writ shall be expressed, at as little distance of time as possibly may
be from the day Avhereon by law the court should have sat, that so jus-
tice be not deferred or delayed ; and the sheriff, upon receipt of said
writ, shall cause publication to be made of the same at the usual place
of tlic said court's sitting, and some other of the most publick places
within the same county, and also to cause a signification of such
adjournment, and the time unto which it is made, to be posted up at or
near the house or place Avhere the said court uses to sit, and other pub-
lick places as aforesaid, to the intent that unnecessary travail, charge
and attendance of all persons concerned may be prevented, and the
sherift* is to return such Avrit with his doings thereon into the clerk's
oflice of such court ; and all pleas, Avrits, actions, suits, plaints, process,
precepts, recognisances and other thing and things, whatsoever, return-
able or having day or days in said court, shall stand, abide and continue
unto the said adjournment, and be held, deemed and adjudged to be
as good, eftectual and available in laAv, to all intents, constructions and
purposes, as if such court had been held and kept on the day by law
for holding of the same and no adjournment thereof had been made.
[Passed March 6, 1694-5 ; puUished March 16, 1694-5.

CHAPTER 22.

AN ACT FOR THE MORE EFFECTUAL SUPPRESSING OF DRUNKENNESS, AND
PUTTING IN EXECUTION THE LAWS AGAINST SUCH AS SHALL PRESUME
TO SELL STRONG DRINK WITHOUT LICENCE.

1692-3, chaps. 20, WiiEREAS, divcrs pcrsous that obtain licence for the retailing of wine
and 22. cy^^ strong liquors out of doors only, and not to be spent or drank in

their houses, do, notwithstanding, take upon them to give entertainment
to persons to sit drinking and tipling there, and others who have no
licence at all are yet so hardy as to run upon the law, in adventuring to
sell Avithout, tending to the great increase of drunkenness and other
debaucheries, such houses not falling under the inspection of ofllicers as
those that are licensed, —

[4th Sess.] Province Laws. — 1694-5. ~ 191

Be it therefore enacted hy the Lieutenant Governour^ Council and
He^Ji'esentatives in General Court assembled^ and hy the authority of
the same,

[Sect. 1,] That from and after the publication hereof, every jjerson Retailers to scu
and persons now licensed or that ghall hereafter obtain licence to retail "f drink than
wine and strong liquors to be spent out of doors and not otherwise, what they are
who shall be convicted of entertaining oi- suftcring any person or per- to^'uffer^per-*'''
sons to sit drinking or tipling in their houses, cellars, backsides, or ?o»f *» ^^^^
within any of the dependencies of such houses, or of selling any other &c. '

sort of drink than what they have licence for, shall incur and suffer the
like penalties and forfeitures as may by law be inflicted upon persons
selling without licence, to be recovered and imployed in manner as by
said law is directed.

[Sect. 2,] And all oflicers, as well grand jurors, constables, tything Officers to in-
meu, as the officers imi^loyed in and about the collecting of the excise, hous*es^and*to
are hereby authorized and required diligently to see that this act be present such as
duely observed, and to present and inform of all breaches of the same, ^^^^ without.
either at the court of general sessions of the peace, or to some justice of
the i:»eace, who are hereby respectively impowred to hear and deter-
mine the said offence according to law, as also alike to present or infonn
of any that shall presume to sell any sort of strong drink without licence ;
and it shall and may be lawful to and for any of the aforesaid officers,
respectively, ex officio, to enter into and inspect the house of any person
liaving once been convicted of selling without licence, as they may by
law into licensed houses ; and if any of the before mentioned officers shall Penalty for
be convicted of taking or receiving any bribe, fee or reward, directly or bribT&f.*'"^
indirectly, to connive at, conceal, or not to present or inform against
any person or persons being licensed to retail for spending out of doors
only, that shall suffer persons to drink or tipple in their houses or any
[q/'j the dependencies thereof, or for any others who shall presume to
sell without licence, every officer so offending shall forfeit and jDay
three times the value of all and every such sum and sums by him
received as a bribe, fee or reward, one moiety thereof unto their majes-
ties, for and towards the support of the government, and the other
moiety to him or them that shall inform and sue for the same in any of
their majesties' courts of record ; and if such officer be one that be
imployed about the excise, over and above the forfeiture aforesaid, he
shall, ^):>so facto, be discharged of and from his said office, and be ren-
dred uncajDable to be imployed in any publick service as an officer, by
the space of three years next following.

And be it further enacted by the authority aforesaid,

[Sect. 3.] That if any person licensed as a tavemer, innh older or License to be
retailer of wine and strong liquors out of doors, shall transgress this act forfeited upon

11 f.1 *.^ ■^ f ^ t • P ^ 1 ^ third convic-

or any other law oi the province made tor the regulation oi such houses, tiou.
in any of the particulars therein mentioned, and shall be more than
twice convicted of such breach of law within the compass of one year,
every person so offending, over and above the penalty in the law for
such transgression, shall forfeit his or her licence, not to be renewed
again by the sj^ace of three years next following.

[Sect. 4.] And if any person or persons duely convicted of the persons unable
breach of law in any of the particulars herein before mentioned, or for °J ."af ^'ik-I""
selling without licence, shall be unable or neglect to pay and satisfy the flnehow to be
line imposed by law for such transgression, it shall and may be lawful P""'^^!*^'^-
to and for the court or justice before whom the conviction is, to order
such person or jjersons either to stand committed to the goal of the
county by the space of twenty dayes without baile or mainprize, or to
be set in the cage or stocks, to remain there not exceeding the space of
three hours.

192 Peovince Laws. — 1694-5. [Chap. 23.]

And it is further enacted hy the authority aforesaid,
Selectmen to [Sect. 5.] That the selectmen in each town shall cause to be posted

cause reputed ^^p in all publick hotiscs withui such town a list of the names of all per-
fo be'^p^osted^ip! SOUS reputed drunkards or common tij^lers, mispending their time and
Penalty on the estate in such houses ; and every keeper of such house, after notice
lie "house"^ ^v-^" gi^cu him as aforesaid, that shall be convicted, before one or more jus-
ing them enter- ticcs of the peace, of entertaining or suiferiug any of the persons
1692™? di'ap. 18, named in such list to drink or tipple in his or her house or any [o/]
§ 2. ' the dependencies thereof, shall forfeit and pay the sum of twenty shil-

lings, one moiety thereof to him or them who shall inform of the same,
and the other moiety to and for the use of the poor of the town where
such offence shall be committed. \_Fassed March 2, 1694-5 ; published
March 16, 1694-5.

CHAPTER 23.

AN ACT FOR PREVENTING OF MEN'S SONS OR SERVANTS ABSENTING
THEMSELVES FROM THEIR PARENT'S OR MASTER'S SERVICE WITHOUT
LEAVE.

Whereas complaint has been made by sundry inhabitants of this
province, that they have sustained great damage by their sons and ser-
vants deserting their service without consent of their parents or mas-
ters, being encouraged to enter themselves on board of private men of
war, or merchants' ^hips, and there entertained ; for redress whereof, —
JBe it enacted hy the Lieutenant Governour, Council and Represen-
tatives in General Court assembled, and hy the authority of the same,
Penalty on [Sect. 1.] That no commander of any private man of war, or mas-

m™terf*iT ^^ ^61' *^f ^^y merchant ship or vessel, coming into, tarrying or abiding in,
ships, &c., for or going forth of any port, harbour or place within this province, shall
men's sons Ir rcceivc, harbour, entertain, conceal or secure on board such_ ship or
servants with- other vcsscl, or Suffer to be there harboured or [enter] [c7e]tained any
out leave. jxian's SOU, being under age, or apprentice, or covenant servant (know-

ing him to be such, or after notice thereof given), without licence and
consent of his parent or master, in writing, under his hand, first had
and obtained, on pain of forfeiting the sum of five pounds per week ;
and so proportionably for a longer or shorter time that any son, appren-
tice or servant shall be held, harboured, concealed or detained on board
any such ship or other vessel as aforesaid, without licence and consent
as aforesaid ; the one moiety thereof unto their majesties, to be iraployed
towards the support of the government of the province, and the other
moiety unto the parent or master of such son, apprentice or servant, that
shall inform and sue for the same in any of their majesties' courts of
record within this province, by bill, plaint, or infonnation, wherein no
essoign, protection or wager of law shall be allowed.
And be it further enacted hy the authority aforesaid.
Penalty on ser- [Sect. 2.] That every apprentice or covenant servant who shall
vants deserting unlawfully absent himself fi-om his master, and enter himself on board
servic™^^^^"^'^ any ship or vessel as aforesaid, with intent to leave his master's service,
or continue there more than the space of twenty-four hours, and be
thereof convicted before their majesties' justices in general sessions of
the peace within the same county, shall forfeit unto his master such
further service, from and after the expiration of the term which his said
master had in him at the time of his departure, as the said court shall
order, not exceeding one year. \_Passed March 14, 1694-5 ; published
March 16, 1694-5.

[4th Sess.] Province Laws. — 1694-5. 193

CHAPTER 24.

AN ACT FOR GRAND JURORS SERVING AT THE QUARTER SESSIONS OF
THE PEACE, AND RUNISHING DEFAULTS OF JURORS' ATTENDANCE.

To THE intent that due inquiry and presentment may be made vtnto 1002-3, chap. 83
the court of quarter sessions of the peace within the respective coun- ^
ties, of all misdemeanours, offences, and breaches of law proper to the
cognizeance of said court, haj^ning Avithin such county, for the suppress-
ing and punishing of the same, and that jurors may duely attend the
service for which they are chosen, —

JBe it enacted by the Lieutenant Governour, Council and IRepresenta-
tives in General Court assenihled, and by the authority of the same,

[Sect. 1.] That the clerk of the peace of each several county shall, Grand jurors to
annually, fifteen dayes at least before the day for holding of the court of yea^.^ ** ^^^
quarter sessions of the peace for such county, issue out writts, directed
unto the constables of the respective towns within the same, requiring
them or one of them forthwith to warn a meeting, of the inhabitants
duly qualified by law, for the choosing of one or more grand jurors,
according to the number such town has been accustomed to send, or
otherwise shall be appointed for them by the justices of the said court;
and the person or persons so chosen, to warn to appear at the next
court, and the following courts of quarter sessions, successively, to be
holden for the same county, within the space of one year, and there to
attend the service belonging to them ; and to make return of the said
writt, with his doings thereon accordingly, unto the said clerk's office,
before the oi^ening of said court ; and if any constable shall faile of
performing his duty by said writt required, or seasonably to return the
same, he shall forfeit and pay the sum of forty shillings. And the per-
sons chosen and returned as aforesaid, appearing, shall be impanneled
and sworn a grand inquest for the body of such county, and shall con-
tinue in said office for the s^Dace of one full year, and until others be
chosen and sworn in their stead ; Avhose duty it shall be to inquire and Their duty,
duly present the breach of all such good and Avholesome laws as are or ^^ ^'^*®' '^^^'
shall be established within this province, and all such misdemeanours as
are proper to their inquiry and the jurisdiction of said court.

[Sect. 2.] And if any person chosen to said office, and summoned Forty shillings
by the constable, and so returned by him, shall make default in appeal-- appearance,
ance Avithout reasonable excuse made and allowed of by the court, the
said court shall and may set a fine upon him, not exceeding the sum of
forty shillings. And a new writt shall issue forth unto the tOAvn to
choose another in his room; and so likewise in case of the removal of
any by death or otherwise.

And be it further enacted by the authority aforesaid,

[Sect. 3.] That if any person or persons legally chosen and sum- petit jurors
moned to serve upon the petit jury for tryals in the superiour court of ^"beTn^d not*
judicature, court of assize, and general goal delivery, or in any of the exceeding
inferiour courts of common pleas, or of general sessions of the peace, ungg*^ ^
being so returned by the constable, under his hand, shall make defiiult
of appearance, and not attend the said service, without reasonable
excuse made and alloAved of by such court, every person and persons so
offending shall be fined by said court (Avho are hereby impoAvred
thereto), not exceeding the sum of tAventy shillings.

[Sect. 4.] All fines and forfeitures acci-uing by virtue of this act Fines and for-
shall be paid into the treasurer of the county where the same do arise, [" the^count'v™^
and be imployed towards defraying of the publick charge of such county.

194

Province Laws. — 1694-5.

[Chap. 25.]

How ta be
levied.

Grand juror's
allowance.

[Sect. 5.] And in case any person or persons sentenced to pay any
of the said tines or forfeitures shall neglect or refuse so to do, the same
shall be levied by distress and sale of the offender's goods or chattels,
by warrant from the court that aAvarded the same, to be signed by the
clerk of said court ; together with the incident charges arising for taking
such distress, according to the fees by law allowed for levying of execu-
tions, and two shillings for the warrant, to be paid unto the clerk that
granted the same.

[Sect. 6.] And all grand jurors shall be allowed by the county
treasurer the sum of two shillings per diem, each man, during their
attendance on any court, the time to be certified unto the county treas-
urer by the clerks of the respective courts. And no grand juror shall
be compelled to serve more than one year in three, nor any petit juror
more than at one court Avithin the compass of a year. [^Passed
March 8, 1694-5 ; published March 16, 1694-5.

CHAPTER 25.

AN ACT TO PREVENT THE DESERTING OF THE FRONTIERS.

Penalty on free-
holders being
inhabitants in
any frontier
that shall
desert.

Selectmen or
military officers
to certify the
same.

FoEASMUCH as since the beginning of this present war, very con-
siderable sums of money have been expended in the defence and for
preservation of the out towns and frontiers of this province, and in
regard it would greatly prejudice their majesties' interests and give
encouragement to the enemy, if any of those posts should be quitted, or
be exposed by lessening the strength thereof; for prevention wliereof, —

£e it enacted by the Lieutenant Governour^ Council and Represen-
tatives^ in Genercil Court assembled, and hj the authority of the same,

[Sect. 1.] That no town or plantation lying frontier to the enemy,
by land, of which these hereafter named are to be accounted such ;
that is to say, Wells, Yorke, Kittery, Aimsbury, Haverhill, Dunstable,
Chelmsford, Groton, Lancaster, Marlborough and Deerfield, shall be
broken up, or voluntarily deserted, without application first made by
the inhabitants, and allowance had and obtained from the governour and
council, for then- drawing olf, if it appear to them that it may be of pub-
lick advantage, or that the place is not tenable ; nor shall any inhabi-
tant of any such frontier town or plantation, having an estate of freehold
in lands or tenements within the same, at the time of publishing this
act, remove from thence with intent to sojourn or inhabit elsewhere,
without special licence first had and obtained as aforesaid, on pain of
forfeiting all his estate in lands and tenements lying within the bounds
or precincts of such town or plantation, unto their majesties, to be dis-
posed by grant of the general assembly, and the produce thereof to
be imployed towards the defence of such town or plantation and
support of the garrisons Avithin the same, and not otherwise.

[Sect. 2.] And the selectmen or chief military oflicer or ofiicers of
such town or jolace, are hereby enjoyned and ordered to give notice by
certificate in Avriting, under their hands, into the clerk's ofiice of the
superiour court of judicature, of the removal of any such person or
persons as aforesaid. And the clerk, on receipt thereof, shall issue out
a scire facias, requiring the person or persons so removing to appear
at the next superiour court of judicature, to sit within the same county,
or otherwise at Boston, which shall first happen, to shew cause, if any
there be, why judgment should not be entred for the forfeiture, as by
this act is before directed. And in case any person, being lawfully
summoned, and oath thereof made by the oflicer, shall make default of

[4th Sess.] Province Laws. — 1694-5. 195

appearance by himself or attourney, or not produce a licence from the
governour and council for his removal, judgment shall be entred
against him accordingly.

And be it further enacted by the authority aforesaid,

[Sect. 3.] That every person able and fit for service who, at the Penalty on per-
beginning of this war, or at any time since, that was an inhabitant in gervice that
any frontier town or plantation not yet deserted, and has an estate of |f*[^/y ^^^7^
freehold in lands or tenements within the same, and is removed into not, &c.
any other town or place in the parts of New England, shall, at or before
the first day of July next ensuing, return to such town or place from
whence he removed, and continue his abode there during the present
war, on pain of losing and forfeiting all his estate and rights in such
town or place, to be recovered, disposed and imployed in manner as
aforesaid ; unless such person shall, at or before the said first day of July
next ensuing, at his own cost and charge, procure and maintain an
able, sufiicient person, to the acceptance of the commission military
officers, to sojourn and abide in such town or plantation in his room,
and to perform all duty there with other the inhabitants, for the defence
of the same, or make reasonable excuse to the acceptance of the govern-
our and council why he hath not so done.

And be it further enacted by the authority aforesaid,

[Sect. 4.] That no male person of sixteen years of age or upwards, Penalty on per-
being an inhabitant of or belonging to any of the said frontier towns f°e"ehoidersthat
or plantations, and not having any lands or tenements in such town or shaU remove,
plantation, shall presume to remove from the same to sojourn or
remain elsewhere, during the present war, without special licence first
had and obtained from the governour and council, on pain of forfeiting
unto their majesties the sum of ten pounds, upon conviction of such
removal, before the justices at the general sessions of the peace in the
county where such town or plantation lyes, to be imployed towards the
charge of prosecuting the Avar. And the selectmen or chief military
officers of any town or plantation from which any such person shall
remove without licence as aforesaid, are hereby ordered and enjoyned
to send a certificate in Avi'iting, under their hands, of the removal of
such person, and time when, unto some of the next justices of the
peace, or to any other of their majesties' justices, where they shall be
informed such person may be found. And every justice of the peace,
respectively, unto whom such certificate or complaint shall be brought,
is hereby impowred and required to grant a warrent for the appre-
hending of such person, if he may be found within his precincts, and
conventing of him before hunselfj or some other of their majesties'
justices, who shall require sufficient security for such person's appear-
ance to answer for the same, at the next general sessions of the peace
to be holden for the same county from whence he did so remove, and
transmit the recognizeance so taken, unto the said court ; and in case justice, his
the party can find no such security, then to cause him to be conveyed at power to com-

,,i*', _ 11*^ 11 1 -Tti? £■ niit to prison

his own charge, Irom constable to constable, and carried beiore one oi where security
their majesties' justices within the county from w^hence he came, who is not given,
is impowred to commit such offii'nder unto the common goal of the
county, unless he can put in security as aforesaid. And if such person jjjg offender to
be convicted of the said offijnce, and ordered by the court to pay the ^'^^g'^^^^g^i^^^
fine or forfeiture aforesaid, and shall neglect or be iin.able to pay the otherwise un-
same, he shall be imployed in their majesties' service, as the commander- ^^^^•
in-chief shall direct, until by his service as aforesaid, he shall have fully
answered and satisfied the said forfeiture : jjfovided, this act and every
clause and article thereof shall continue in force unto the end of the
session of the general assembly to convene in May, one thousand six
hundred ninety-six (if the present war so long last), and no longer, nor
afterwards. \_Passed March 12, 1694-5 ; published March 16, 1694-5.

196

Province Laws. — 1694-5.

[Chap. 26.]

CHAPTER 26.

AN ACT FOR SUPPLYING THE DEFECTS IN THE ACT ENTITULED
ENCOURAGING THE KILLING OF WOLVES."

• AN ACT

1603, chap. C.

Whereas, by the act entitulecl " An Act encouraging the killing of
wolves," made and pa.ssed at the session of the general assembly begun
and held at Boston, the thirty-first day of May, in the fifth year of their
present majesties' reign, there is provision for payment to be made unto
the person or persons who shall kill any grown wolfe or wolve's whelj),
out of the town stock in which such wolf is killed, or of the town
lying next adjacent thereto, and that the said disburst, the same being
made to appear, shall be allowed unto such town by the general
treasurer of the province, out -of the publick treasury. But forasmuch
as there is no particular direction in the said act how or in what man-
ner such payment out of any town stock shall be made appear, so as to
justify the treasurer in allowing of the same, and the better to prevent
any fraud therein, —

Be it enacted by the Lieutenant Governoui\ Council and Mepresenta-
tives in General Court assembled, and by the authority of the same,

[Sect. 1.] That every jicrson or persons killing any grown wolfe or
wolve's Avhelp (other than such as shall be taken out of the belly of
give"receipt for any bitch wolf), within any town of this province, and bringing the head
wolves' heads, thereof unto the constable of such town or of the town next adjacent,
the constable, in the presence of one or more of the selectmen, shall cut
both the ears off the same, and such selectman or men, and constable,
shall give the party a receipt for the said head, expressing whether it
be a grown wolfe or a Avhelp ; and upon producing such receipt, the
party shall be paid and allowed by the selectmen or treasurer of such
town, out of the town stock, for the same, as in and by the said act is
directed. And all such payments so made, shall be certified unto the
treasurer and receiver-general, under the hands of the major part of
the selectmen in such town, and town treasurer (where any such be), or
town clerk, in manner following; that is to say, —

Constable and
one or more
selectmen to

Certificate to
the treasurer.

Mr. Treasurer:

This may certify that there has been paid unto sundry persons, out of the town
stock of A., for grown wolves, and wolves' whelps, killed in

and near unto our town, since the day of last past, and the

heads thereof brought unto our constables, and the ears cut off in presence of
some of ourselves, as the law directs, and so certified unto us, in the whole, the
sum of pounds which sum we desire you to allow unto our town,

by discounting the same with B. C, constable, out of the publick assessment,
committed to him to collect in our town. Dated in A., afoi-esaid, the
day of

> Selectmen,

Toivn Treasurer,
or
Town Clerk.

And be it further enacted,

[Sect. 2.] That the treasurer do cause a competent number of blank
certificates in the form abovesaid, to be printed at the publick charge,
and affix his own seal thereto ; and is hereby ordered to deliver so many
unto the selectmen of each town and place respectively, or some one
of them, as shall be necessary for the use of such town or place.
[Passed March 15, 1694-5 ; published March 16, 1694-5.

[4:TH Sess.]

Province Laws. — 1694-5.

197

CHAPTER 27.

four-

AN ACT FOR GRANTING UNTO THEIR MAJESTIES A TAX ON POLLS AND
ESTATES, AND ADDITIONAL DUTIES OF IMPOST AND TUNNAGE OF
SHIPING.

We, the representatives of their majesties' province of the Massa- See acts of

chusetts Bav in New Euo-land, takincj into consideration the present il^A"^' ^!?*P* *»
T • • f.1 • ~i • Ti -I -I • note, posr.

distressing circumstances oi the said province, and the daily growing

charge for the security and defence of their majesties' interests and
subjects within the «ame, besides the other contingent charges for the
suj^port of the government, and other pubhck occasions, and the abso-
lute necessity of granting a supply for the ends aforesaid, and for pros-
ecuting of tlie war against their majesties' enemies, do grant unto their
most excellent majesties a rate or tax of three thousand one hundred
eiglity-nine pounds foiu* shillings, in money ; and pray that it may be
enacted, —

And be it accordingly enacted hy the Lieutenant Qovernour^ Council
and liejji'esentatives in General Court assembled, and by the authority
of the same,

[Sect. 1.] That the said sum of three thousand one hundred eighty-
nine pounds four shillings be proportioned unto the several towns and
precincts within this province, to be assessed and levied in manner as
by this i)resent act is hereafter directed ; that is to say, —

IN THE COUNTY OF STTEFOLK.

Boston, six hundred and twelve pounds thirteen shil-
lings fourpence,

Roxbury, fifty-eight pounds, .

Dorchester, eighty-two pounds thirteen shillings
pence, ....

Milton, twenty-eight pounds,

Brantrey, forty-six pounds thirteen shillings fourpence,

Weymouth, thirty-seven pounds,

Hmgham, fifty pounds, .

Dedham, forty-two pounds, .

Medfield, twenty-four pounds,

Wrentham, ten pounds,

Mendon, nine poimds, .

Hull, thirteen pounds, .

IN THE COtTNTY OF MIDDLESEr.

Charlestown, one hundred and six pounds thirteen shil-
lings fourpence,

Cambridge, sixty-three pounds six shillings eightpence,
Watertown, eighty poimds, ......

Newton, thirty-one pounds six shillings eightpence,

Sudbury, thirty-eight pounds,

Marlborough, twenty-seven pounds, ....
Medford, eleven pounds six shillings eightpence, .

Maiden, thirty pounds,

Woburn, fifty-nine pounds, ......

Reading, thirty-five pounds,

Billerica, twenty-two pound thirteen shillings fourpence,

Chelmsford, twenty-six pounds,

Concord, forty-five pounds, ......

Stow, six pounds thirteen shillings fourpence,

Groton, nine pounds,

135

106 13 4

198

Province Laws. — 1694-5.

[Chap. 27.]

Lancaster, nine pounds, . . .
Sherborne, seventeen pounds ten shillings, .

IN THE COUNTY OF BARNSTABLE.

Barnstable, forty-two pounds thirteen shillings four

pence, .

Yarmouth, twenty-eight pounds, .

Eastham, twenty-nine pounds.

Sandwich, twenty-eight pounds, .

Falmouth, seven pounds six shillings eightpence,

Manamoy, six pounds thirteen shillings fourpence,

Rochester, seven pounds six shillings eightpence,

Harwich, ten pounds thirteen sliillings fourpence,

COUNTY OF YOKK.

IN THE

York, four pounds.
Wells, four pounds,
Kittery, eight pounds, .
Isles of Shoals, two pounds, .

IN THE COUNTY OP ESSEX.

Salem, one hundred twenty-six pounds thirteen shil
lings fourpence, ......

Ipswich, one hundred jSfty-five pounds six shillings eight
pence, ........

Newberry, one hundred and seven pounds six shillings
eightpence, ....

Salisbury, twenty pounds,

Amsbury, nine pounds, .

Haverhill, twenty-six pounds,

Andover, thirty-two pounds,

Bradford, twelve pounds,

Topsfield, twenty-six pounds thii-teen shillings four-
pence, ........

Marblehead, sixty-one pounds six shillings eightpence

Lynn, fifty-nine pounds,

Wenham, twenty-four pounds, ....

Beverly, forty-four pounds,

Glocester, twenty-six pounds fouipence,

Manchester, six pounds thirteen shillings fourpence,

Rowley, thirty-six pounds thirteen shillings fourpence,

Boxford, fifteen pounds,

£9

Os.

Od.

126

155

107

IN THE COUNTY OE HAMPSHIRE.

Springfield, forty-one pounds six shillings eightpence,
Northampton, thirty-eight pounds thirteen shillings
fourpence, .......

Hadley, twenty-four pounds, ....

Hatfield, twenty-one pounds six shillings eightpence,

Suflield, eight pounds,

Westfield, thirteen pounds six shillings eightpence,
Enfield, two pounds,

IN THE COUNTY OF PLYMOUTH.

Plymouth, thirty-six pounds thirteen shillings four-
pence, .........

Situate, fifty-four pounds thirteen shillings eightpence,

Marshfield, thirty pounds,

Duxborough, twenty-two pounds, . • . .

41 6 8

38 13 4

[4th Sess.] Province Laws. — 1694-5. I99

Bridgewater, twenty-three pounds six shillings eight-
pence, £23 65. 8c?.

Middleborough, ten pounds, 10 0 0

IN THE COUNTY OF BRISTOL.

Bristol, twenty pounds, 20 0 0

Taunton, forty-four pounds thirteen shillings fourpence, 44 13 4
Dartmouth, thirty-seven pounds thirteen shillings four-

pence, 37 13 4

Freetown, seven pounds, 7 0 0

Rehoboth, twenty-nine pounds six shillings eightpence, 29 6 8

Swnnzey, twenty-nine pounds six shillings eightpence, 29 6 8

Little Compton, sixteen j)ounds, 16 0 0

Tiverton, nine pounds six shillings eightpence, . . 9 6 8

Attleborough, eight pounds, 8 0 0

ON mabtha's VnsnETARD.

Edgar Town, fifteen pounds six shillings eightpence, . 15 6 8

Tisbury, ten pounds thirteen shillings fourpence, . . 10 13 4

Chilmark, ten pounds thirteen shillings fourpence, . 10 13 4

Nantucket, thirty pounds, 30 0 0

And be it further enacted hy the authority aforesaid,

[Sect. 2.] That the treasurer do send forth his warrants directed warrants to be
unto the selectmen or assessors of each town and precinct aforesaid, at grsi'^of ^August.
or before the first day of August next coming, requiring them to assess
the aforementioned sum, set and proportioned, to such town or precinct
respectively, upon the polls and estate within the same, in manner
following ; that is to say, all male persons inhabiting or residing within Rules of
such town or precinct, from sixteen years old and upwards (except the "^^^^^^'^s-
president, fellows and students of Harvard Colledge, elders of churches,
and such others as are improved in the work of the ministry, grammar
schoolmasters, and those who through age, bodily infirmity or extreme
povei'ty, shall be thought unable to contribute towards publick charges),
one shilling on the poll ; all negi*os, molattos and Indian servants, as
well male as female, after the rate of one shilling per poll ; and all
housing and lands and other real estate whatsoever, all goods, wares
and merchandizes, without exception, trading stock, neat cattle, horses,
sheep, swine, and all other personal estate, particularly enumerated in
an act made and passed at the first session of this court begun and held
the thirtieth day of May, in the sixth year of their present majesties'
reign, entituled "An Act for granting unto their majesties a tax of 1694-5, chap. 2.
twelvepence a poll, and one penny on the pound for estates," and
according to the several rules and valuations in the said act expressed,
and set down, in whose possession or improvement soever any such
estate is or shall be at the time of making this present assessment, after
the rate of one penny on the pound, and after the like rate for the
income of all handicraftsmen in the discretion of the assessors ; and
such sum of a penny on the pound, as aforesaid, to be so often multi-
plied as, together with the polls, shall compleat the whole sum herein
before proportioned to such town or precinct ; and thereof to make dis- Liststobemade
tinct and perfect lists, therein setting down every particular person's te'd to™heTreas-
name and sum, with a notification thereon of the name of the several urer by theflrst
constables or collectors of such town or precinct, and the sum which ° ^^ *""
each of them are severally to collect ; and the list so made and per-
fected to transmit unto the treasurer, at or before the first day of
September next.

200 Province Laws.— 1694-5. [Chap. 27.]

Warrants to be [Sect. 3.] And thc treasurer, upon receipt of such returns and lists
coiiect'iuff and ^^ assessment, is hereby impowi-ed to make and send forth his warrants,
paying in 'tiie directed unto the constables or collectors of the said several towns and
fhriast'^of No- precincts (together with the said lists), requiring them respectively, to
vember. collect and gather the said assessments, and to pay in the same unto

the treasurer or his order, at or before the last day of November next
ensuing, by which time they are to make up and issue their accompts
of the whole with the treasurer. Which aforesaid warrants, being sent
to the sheriffs or marshals of the resj^ective counties and places, they
are required immediately to disperse, and safely to deliver them unto
the constables or collectors of the several towns and precincts, accord-
ing to the dii-ection thereon.

A7id be it further enacted hy the authority aforesaid,
rowers and [Sect. 4.] That all the powers and authorities given unto the treas-

granted'to the ^^^©1*) Selectmen or assessors, constables or collectoi's, respectively, for
treasurer, se- the enforcing the collecting and paying in of any former assessment or
stabTe*s"'&a°' assessments, as well in and by the Ijefore recited act entituled " An Act
for granting unto their majesties a tax of twelvepence a poll, and one
penny on the pound for estates," or any clause or article therein con-
tained, as in and by any former and other act of the general assembly,
relating to publick assessments, shall be, remain, abide and continue in
full force, to be exercised and put forth by the treasurer, selectmen, or
assessors, constables or collectors respectively, for the making and col-
lecting of this present assessment, as if the same were in and by this
act particularly expressed, set forth, and re-enacted.
A7id be it further enacted by the authority aforesaid,
Where no sher- [Sect. 5.] That in all places lying without the body of any county,
shaito* distrain ^^^ ^*^ ^^^^ under the powcr of a sheriff, the treasurer is hei*eby author-
on defective izcd and impowered to direct his warrants unto the marshal of such
constab es. place or places, to distrain, upon any defective constable or constables,
the arrears of any publick assessments committed or that shall hereafter
be committed unto them to collect, for which they have not accompted
or that hereafter shall not accornpt for within the time as by warrant
they were or shall be enjoyned ; and where any sheriff or marshal shall
make default in accounting for or returning into the treasury the sum
and sums mentioned in any warrant or w' arrants of distress by him
The coroner on received or to be received from the treasurer, the treasurer is further
fffs**^ &(%^ ^^^^' authorized and impowred to make out waiTants, directed unto the coro-
ner of such county where any sheriff is defective, and to the constable
of the town in Aviiieh a defective marshal lives, requiring them respec-
tively to distrain the same upon the estate real or personal of such
defective sheriff or marshal, as the law directs referring unto defective
^on-stables.

And be it further enacted by the authority aforesaid.
Additional du- [Sect. 5.] That, to the ends in this present act before mentioned,
:lnd tonnage.^* there be further granted unto their majesties the following additional
rates and duties of impost upon the several sorts of wines and strong
liquors, goods, wares and merchandizes that shall be imported into this
province, and tonnage of shipping ; to be and continue in force from and
after the publication of this act unto the twenty-ninth day of June next
ensuing, and no longer ; that is to say, for every pipe of common Fyal,
Passada, Madera, Canary, Malaga or Port wine, over and above the
duties already payable for the same, ten shillings per pipe, and so
proportionably for a greater [or] [eouT] lesser quantity ; for all rhum
and other strong liquors, over and above the duties already payable for
the same, fourpence per gallon ; for all goods, wares and merchan-
dizes from England, over and above the duties already payable for the
same, ten shillings for every hundred pounds sterling, jirime cost ; for
every hogshead of sugar, one shilling ; for every hogshead of molosses,

[4th Sess.] Province Laws. — 1694-5. 201

sixpence ; for every hogshead of tobacco, two shiUings ; for every tiinn
of loggwood or other dying wood, two shillings ; and so proportionably
for a greater or lesser quantity of each of the said particular commodi-
ties, over and above the duties already payable for the same. And for
all other goods, wares and merchandizes (cotton wool, salt, and every
commodity of the growth and production of New England excepted),
over and above the duties already payable for the same, ten shillings
for each hundred pound in value.

[Sect. 6.] And that for the additional duties above mentioned, no No drawbacks,
drawback be allowed upon exportation. For all ships and other vessels
that shall sail from any j^ort, haven, river or creek within this province,
over and above the duties already payable for the same, sixpence per
tun, according to the computation of tunnage by law allowed.

[Sect. 7.] And all officers imployed about the impost are to take. Officers' power,
use and exercise all the powers and directions for the collecting and
receiving of the additional duties before mentioned, as by law they may
and ought to do for the other.

And he it further enacted by the authority aforesaid,

[Sect. 8.] That for a present supply of the treasury, the treasurer Four thousand
be and hereby is impowred to issue forth a certain number of the bills to be'emute'd^^^
of pubUck credit of the late colony of the Massachusetts, endorst by
him in manner as is directed by an act entituled " An Act for a present 1693-4, chap. 13.
supply of the treasury," to the value of four thousand pounds and no
more, at the just sum in each of said bills set down ; to be received back
again for all publick payments, to the treasury and in any office dej)end-
ant thereon, with the advance of twelvepence on the pound ; the treas-
urer upon paying out of said bills to have credit in his accompt for the
sum in said bills, with the allowance of five jjounds per cent more, after
which rate they were drawn into the treasury ; and the moneys to be A ftind for the
raised by virtue of this act is * hereby granted as a fund for the repay- ^^^"
ment of the said credit in bills. \_Passed 3Iarch 15, 1694-5 ; published
March 16, 1694-5.

CHAPTER 28.

AN ACT FOR ALTERING THE FORME OF THE WRITT AND PRECEPT FOR
THE ELECTING OF REPRESENTATIVES TO SERVE AT THE NEXT GEN-
ERAL ASSEMBLY.

Whereas, in and by one act made and passed by the general assembly
at their session in October, in the fourth year of their present majesties'
reign, entituled " An Act for the establishing of presidents and formes 1692-3, chap. 3o
of writts and processes," amongst other things therein contained, the
writt for the convening, holding and keeping of a great and general
court or assembly, directed unto the sheriff or marshall respectively, and
his precepts to be issued forth in observance thereof, do qualify the per-
sons to be chosen to serve as representatives in such court to be free-
holders within the province ; and forasmuch as, since that in and by one
other act, entituled " An Act to prevent default of appearance of repre- 1693-4, chap, h,
sentatives to serve in the general assembly," amongst other things^ ^'
therein contained, it is enacted that representatives be freeholders and
resident in the town they are chosen to serve for and represent, both
which afore recited acts are lying before their majesties for their royal
approbation or disallowance, and their royal pleasure in that respect not
being yet signified ; for preventing therefore of inconvenience and

* Sic, in printed act.

202 Province Laws.— 1694-5. [Chap. 28.]

trouble which might otherwise happen to arise by reason of the vari-
ance betwixt the said WTitt, precept and the said after act, —

JBe it enacted by the Lieutenant Governour, Council and Mepresenta-
tives in General Court assembled^ and it is enacted hy the authority of
the same.

That, for the calling and convening of the next great and general
court or assembly, the writt and precepts to be granted for the same
shall run in the forme hereinafter expressed ; that is to say, —

THE WBITT.

William and Mary by the grace of God, of England, Scotland, France and
Ireland, King and Queen, Defenders of the Faith, &c., to our sheriff or marshall

of our county of , greeting : Wee command that upon receipt hereof you

forthwith make out your precepts directed unto the selectmen of each town within
your precinct, requiring them to cause the freeholders and other inhabitants of
their town duely qualified as in and by our royal charter is directed, to assemble
at such time and place as the s* selectmen shall appoint to elect and depute one
or more persons, being freeholders and residents in the same town, according to
the number set and limited by an act of our general assembly within our province
of the Massachusetts Bay, to serve for and represent them respectively in a great
and general court or assembly by us appointed to be convened, held and kept for
our service at the town house in Boston upon Wednesday, the twenty-ninth of
May next ensueing the date of these presents, and to cause the person or persons
so elected and deputed by the major part of the electors present at such election
to be timely notified and summoned by the constable or constables of such town
to attend our service in the s* great and general court or assembly on the day
above prefixed by eight in the morning, and so de die in diem, during the session and
sessions of the s* court ; and to return the s* precepts with the names of the persons
so elected and deputed unto yourselfe, whereof you are to make return together
with this writt and of your doings therein under your hands into our secretarie's office
at Boston one day at the least before the s* court's sitting. Hereof you may not faile
at your peril. Witness and commander-in-chief in and over our said

province of the Massachusetts Bay in New England. Given at Boston under the

publick seal of our province aforesaid, the day of , in the seventh

year of our reign.

By command of &c.

THE PEECEPT.

Suffolk, ss.

In observance of their maj"" writt to me directed, these are in their maj'^' names
to will and require you forthwith to cause the freeholders and other inhabitants of
your town that have an estate of freehold in land within this province or territory
of forty shillings per annum at the least, or other estate to the value of forty
pounds sterling, to assemble and meet at such time and place as you shall appoint,
then and there to elect and depute one or more persons being freeholders and res-
idents within your town, according to the number set and limited by an act of the
general assembly, to serve for and represent them in a great and general court or
assembly appointed to be convened, held and kept for their maj"" service at the
town-house in Boston, upon Wednesday, the twenty-ninth of May next ensueing
the date hereof; and to cause the person or persons so elected and deputed by
the major part of the electors present at such election to be timely notified and
summoned by one or more of the constables of the town to attend their ma'^° ser-
vice in the said great and general court or assembly on the day above prefixed, by
eight in the morning, and so de die in diem, during their session and sessions.
Hereof fail not, and make return of this precept, with the name or names of the
person or persons so elected and deputed with their being summoned unto myselfe
seven days before the twenty-ninth day of May abovesaid. Given under my

hand and seal at the day of , &c., in the seventh year of

their ma''* reign.

To the selectmen of the town of , greeting.

) Sheriff

—[Passed March 16, 1694-5.

A. B., \ or

) Marshall.

[4th Sess.] Province Laws. — 1694-5. 203

Notes. — The engrossments of all the foregoing acts are preserved in the Secretarj''s office.
Chapters 9, 20 and 28 are here printed for the first time. One private act was passed at the
third session, bearing the following title: —

"An Act To enable M" Sarah Price of Salem, in the County of Essex, Widow, administra-
trix of the peculiar & proper Estate of Cap' John Price late of Salem aforesaid, deceased, sur-
viving Executor of the last Will and Testament of Cap'. Walter Price late of Salem afores'*,
dec'd to review an Action of the Case tryed at Salem for the s'^ County of Essex on the last
Tuesday of June in the year of our Lord, one Thousand six hundred Ninety & one between
John Croad of Salem afores*, Merchant, Executor of the last Will and Testament of M" Eliza-
beth Price, late of Salem afores* dece* Plaintiff and the s* John Price Defendant."— FPassetJ
Oct. 23, 1694.

C/iflf/J. 11. " March 13«' 1692[-3]. Her Maj'r» Letter of the 11th of October last, we received
yesterday by the America, Cap' Gilbert Bant, from London, Comanding the Several Colonies
and provinces of New England, Virginia, Maiyland, and Pensilvania to be aiding and assist-
ing, from time to time, to the Governour, or Comand' in Chief, of the province of New York, in
the maintenance and defence of Albany <K:c, during the present War, — was Read in Council." —
Records of Gov. and Council, vol. VI., JJ- 202. And see Doc. Hist, of N. Y., vol. III.,pp 855-6.

Chap. li. " — We observe, also, amongst those forementioned Acts (Fol. 85), One to
restrain the exportation of Pitch, Tar &c., which being but for a limited time, and that already
expired, needed no repeale. But we must observe to you, thereupon, that such a restraint does
not seem to us either in the interest of that Colony or to His Majesty's intentions of incourag-
ing the productions of naval stores there; Avhich, therefore, you will do well to reflect upon if,
at any time hereafter, any proposition of that nature should happen to be removed. We have
contributed our endeavours for the incouragement of bringing naval stores from thence, by pre-
paring suitable instructions for the commissioners who are appointed to go thither for that pur-
pose," &c. — Letter from the Lords of Trade, t^-c, Jan. 20, 1696-7.

On the tenth of December, 1096, the Lords Commissioners for Trade, &c., reported to the
king, upon the acts of this year of the first three sessions, which had been " depending before
the late Committee" for Trade and Plantations, that they had been submitted to the attorney-
general, who had made his report to that Committee; that chapters 1, 2, 4, 5, 7, 8, 12, 13, 15,
16, 17 and 19 were " to be approved ; " and that chapters 3 and 18 were " to be repealed," for the
reasons given in the notes at the end of those chapters, respectively. On the same day an order
in council passed, carrying out the suggestions of the Board.

The acts of the fourth session were presented to the Board June 22, 1698, by the clerk of the
solicitor-general, in whose hands they had been from Sept. 15, 109G, and they were, thereupon,
returned to him and his opinion thereon requested. Six days later he returned the acts from
chap. 21 to chap. 27, inclusive, with the opinion " that they are all agreeable to law and jus-
tice," &c., and, on the 24th of November following, the Board reported to the Lords Justices,
in Council, their approval of all but chapters 26 and 27, which had expired; and on the same
day an order passed the Privy Council, accordingly.

Chapters 9, 20 and 28, and the private act the title of which is above given, are not men-
tioned in the records of the Board of Trade or of the Privy Council, and^ probably were never
forwarded from the province.

ACTS,

Passed 1695—6.

[205]

[1st Sess.] Province Laws. — 1695-6. 207

ACTS

Passed at the Session begun and held at Boston,
ON the Twenty-ninth day of May, A.D. 1695.

CHAPTER 1.

AN ACT FOR CONTINUING CERTAIN RATES AND DUTIES OF IMPOST,
EXCISE AND TUNNAGE OF SHIPPING, AND REVIVING OF THE ACTS FOB
GRANTING THE SAME.

"We, liis majestie's dutiful subjects, the representatives of the prov-
ince of the Massachusetts Bay in New England, in general court assem-
bled, being duely sensible of the great charges and ex2>enccs which have
already risen, and are daily growing and inci-easing, for the defence of
his majestie's subjects and interests within this his province, and for the
more effectual prosecuting the present war against the French and other
his majestie's enemies, and for defreying the necessary and contingent
charges in and about the support of the government of the province ;
therefore, to the ends and intents aforesaid, may it be enacted, —

And be it accordingly enacted hy the Lieutenant Governour^ Council
and Mepresentatives convened in General Court, arid hy the authority
of the samCy

[Sect. 1.] That the several imjDositions, rates and duties u23on all
wines, liquors, goods, wares and merchandizes that shall be imported
into this province, tunnage of shipping, and the duties of excise, granted
and enumerated in and by an act of the great and general court or
assembly, entituled " An Act for impost, excise and tunnage of ship- Acta of 1692-3,
ping," and by one other additional act for impost and excise, both made chaps- 5 and 21.
in the fourth year of the reign of his present Majesty and our late most
gracious sovereign lady Queen Mary of blessed memory ; and one other
act, entituled " An Act for the better collecting the impost and excise Acts of 1693,
and preventing frauds," made in the fifth year of their said majesties' *^^*P' ^•
reign ; and by one other act, entituled " An Act for the reviving and Acts of 1694-5,
continuing of the duties upon goods, impost, excise and tunnage of *^^^^" ^'
shipping, and the acts for granting of the same," made in the sixth year
of their said majesties' reign ; and the additional rates and duties of
impost upon wines, liquors, goods, wares, merchandizes and tunnage of
shipping, mentioned in an act entituled "An Act for granting unto Acts of i69i-5,
their majesties a tax on polls and estates, and additional duties of *''*'*P' ^'''
impost and tunnage of shipping," made in the seventh year of his pres-
ent majestie's reign, and continued unto the twenty-ninth day of this
present month of June, one thousand six hundred ninety-five ; be and
are hereby further granted and continued until the twenty-ninth day of
June, one thousand six hundred ninety-six, and no longer ; and that
the said several acts and all powers, provisions, penalties, articles and
clauses therein cont[ain][m2*]ed, other than what in any of them are
already altered or repealed, or that shall otherwise in this present act
be altered or provided for, shall continue and be of full force and effect

208

Province Laws. — 1695-6.

[Chap. 2.]

Drawback of
two-thirds of
the duties of
wines and li-
quors upon ex-
portation.

Entry of goods,
&c., to be in
writing.

Wines and li-
quors not to be
shipped for cx-

Eortation but
y certiiicate
and in presence
of a waiter.

The importer
and shipper
botli to make
oath.

Commissioner
impowered to
sue.

Eule for com-
puting the ton-
nage of ship-
ping.

until the said twenty-ninth day of June, one thousand six hundred
ninety-six ; and for and during that term shall be applied, practised and
executed for the raising, levying, collecting, answering and paying the
said rates and duties hereby continued, according to the tenor and
intent of this present act, as fully, to all intents and purposes, as if all
and every the clauses, matters and things in said acts or any of them
contained, had been again repeated in this act and particularly enacted :
provided^ nevertheless^ anything in the said acts or any of them notwith-
standing, that from and after the said twenty-ninth day of this present
month of June, one thousand six hundi-ed ninety-five, there shall be
allowed a drawback of two-tliirds of the whole duties of impost for all
wines and liquors which shall be imi^orted after that time, and be again
exported within nine months next after the importation thereof, being
so made to appear.

Be it further enacted hy the authority aforesaid,

[Sect, 2.] That the owner, freighter, factor or other person unto
whom any goods, wares or merchandizes liable to the duties of impost
come consigned, shall by himself or servant make entry thereof in writ-
ing, under his hand, with the receiver.

[Sect. 3.] And that no wines, rhum or other liquors to be exported
out of this province, for which any drawback is by law to be allowed,
shall be laden or shipped off but by certificate first had for the same
from the receiver and in the presence of a waiter, who shall endorse the
shipping upon the certificate and return it into the office before the
drawback be allowed ; for which certificate the receiver shall be paid
sixpence, and the waiter for seeing the same shipt and endorsing it
shall be j^aid sixpence ; and no such certificate shall be granted before
the importer shall have made oath that the duties inward are paid and
secui'ed to be paid, nor before the shipper shall have made oath that
the wines, rhura or other liquors to be therein mentioned are to be
shipt bona fide, with intention to be exported, landed and sold out of
this i^rovince ; which oaths the commissioner or receiver is hereby
impowred to administer.

And be it further enacted,

[Sect. 4.] That the commissioner appointed or to be appointed for
managing and looking after the duties of impost, excise and tunnage of
shipping, by himself or his lawful substitute, may sue for and recover,
in any of his majestie's courts of record, or before any justice of the
jDcace, where the matter is not above his cognizcance, any sum or sums
of money that are or shall grow due according to agreement made for
any of the aforesaid duties, where the party or parties Avith whom such
agreement is or may be made, shall neglect or refuse to pay the same ;
and, for the more easy tunnaging of ships or other vessels, the same
shall be computed by the breadth at the main beam Avithin board, the
depth to be accounted half the said breadth, and the length three times
so much as the breadth, after the usual manner of multijolying, and divid-
ing the product by one hundred. \_Passed, June 11 ; published June 22.

CHAPTER 2.

AN ACT TO PREVENT INCESTUOUS MARRIAGES.

Although this court doth not take in hand to determin what is the
whole breadth of the divine commandment respecting unlawful mar-
riages, yet for preventing that abominable dishonesty and confusion
which might otherwise happen, —

[1st Sess.] Province Laws.— 1695-6. 209

Jie it enacted by the Lieutenant- Govemour, Council and Hepresen-
tatives in General Court assembled, and by the authority of the same,

[Sect. 1.] That no man shall marry any woman within the degrees Degrees of
hereafter named in this act ; that is to say, no man shall marry his ^^'^marriage^'
grandfather's wife, wive's grandmother, fathei''s sister, mother's sister,
father's brother's wife, mother's brother's wife, wive's father's sister,
wive's mother's sister, father's wife, wive's mother, daughter, wive's
daughter, son's wife, sister, brother's wife, wive's sister, son's daughter,
daughter's daughter, son's son's wife, daughter's son's wife, wive's son's
daughter, wive's daughter's daughter, brother's daughter, sister's daugh-
ter, brother's son's wife, sister's son's wife, wive's brother's daughter,
wive's sister's daughter ; and if any man have already married, or shall
hereafter many, or have carnal copulation with any Avoman who is
within the degrees before recited in this act, every such marriage shall
be and is hereby declared to be null and void ; and all children that
shall hereafter be born of such incestuous marriage or copulation shall
be forever disabled to inherit by discent, or by being generally named
in any deed or will by father or mother.

And be it further enacted by the authority aforesaid,

[Sect. 2.] That every man and woman who shall marry or carnally Penalty for any
know each other, being within any of the degrees before recited in this degrees*thaT^**
act, and shall be convicted thereof before his majestie's justices of assize shall marry.
and general goal delivery, such man and woman so convicted shall be
set \\\)0\\ the galloAvs by the space of an hour, with a rope about their
neck and the other end cast over the galloAVS, and in the way from
thence to the common goal shall be severely whipped, not exceeding
forty stripes each ; also every person so offending shall forever after
wear a capital I of two inches long and proportionable bigness, cut out
in cloth of a contrary colour to their cloaths, and sewed upon their
upper garments on the outside of their arm or on their back in open
view ; and if any person or persons having been convicted and sen-
tenced for such offence shall at any time be found without their letter
so worn during their abode in this pi'ovince, they shall by warrant from
a justice of the peace be forthwith apprehended and ordered to be pub-
lickly whipp'd not exceeding fifteen stripes, and so from time to time
toties quoties.

And be it further enacted by the authority aforesaid,

[Sect. 3.] That if any man or woman Avhose marriage is by this present Penalty on such
act declared null and void, shall be so hardy as to converse together as il deciared"nui1
man and wife, or shall continue to dwell in the same house at any time to converse or
after the space of forty days next after the publication of this present ^^ *°^^* *''
act, and be thereof convicted, or if any man and woman who shall
hereafter be divorced or their marriage declared to be null and void
according to the law of this province shall cohabit or converse together
as man and wife, and be thereof convicted, all and every such persons
shall suffer the pains and penalties mentioned in an act made and passed
by the great and general court or assembly at their sessions begun and
held the thirtieth day of May, one thousand six hundred ninety-four,
entituled " An Act against adultery and poligamy," which in and by the icM-s, chap. 5.
said act are set and imposed upon such as shall be taken in adultery ;
and it shall be in the power of the justices of the superiour coui't of
judicature to assign unto any woman so separated such reasonable part
of the estate of her late husband as in their discretion the circumstances
of the estate may admit, not exceeding one-third part thereof.

And for the better preventing of clandestine marriages, —

JBe it enacted by the authority aforesaid, 1692-3, chap. 25.

[Sect. 4.] In addition to the act entituled " An Act for the orderly 7 Mass. 54.
consummating of marriages," that no person other then a iustice of the '^"^*'f ^ *°'!i^

T,® .,.,?' ^ , ,.,*'.. T ministers not to

peace, and that within his own county only, or ordamed minister, and marry persons
27

210

Province Laws. — 1695-6.

[Chap. 3.]

out of their
county or town
respectively.

Names and in-
tention of mar-
riage to be en-
tered with town
clerk.
1 Gray, 121.

Penalty on jus-
tices or minis-
ters offending.

Bans forbidden
not to be out-
asked till the
matter be
heard, &c.

Town clerk to
register mar-
riages.
lOAUen, 164.

Penalty on men
or women that
shall wear con-
traryupparel.

that only in the town where he is settled in the work of the ministry,
shall or may presume to joyn any persons together in maniage ; nor
shall any justice or minister joyn any persons in marriage other than
such one or both of whom are inhabitants or residents in such county
or town respectively, nor without certificate produced under the hand
of the clerk of the several towns where the parties respectively dwell,
that the names and intention of the said parties have been entred with
him fifteen days beforehand, and that due publication of such their
intention or puqjose has been made in manner as by law is directed,
nor without evident signification that the parents of such persons, or
others whose immediate care or government they are under, are know-
ing of and consenting to such marriage, on pain that every justice, min-
ister or other person ofiending against this act shall for every such
ofience forfeit and pay the sum of fifty pounds as a fine for and towards
the defraying of the publick charges arising within such county where
the offence is committed, to be sued for and recovered by the county
treasurer in any of his majestie's courts of record within the same, by
bill, plaint or information, and shall and are hereby forever after dis-
abled to joyn persons in man-iage, and be further liable to the action
and suit of the parent, guardian or others whose immediate care or
government either of the parties were under at the time of such mar-
riage, that are aggrieved thereat and shall prosecute the same.

And he it further enacted,

[Sect. 5.] That if at any time the banns of matrimony betwixt
any i:>ersons shall be forbidden, the publisher thereof shall forbear to
proceed therein, until the matter have been duely inquired into and
heard, before two of the justices of the same county, and that they
certify under their hands either that the cause was insufficient, or that
it is removed.

[Sect. 6.] And all marriages shall be registred by the town clerk
of the same town where they are consummated ; and every justice or
minister as aforesaid, shall return a note or certificate unto the clerk of
the town of the names of all persons which they shall marry, and of
the time when, within three months at farthest, after consummation of
the same, and shall allow and pay out of his fee unto the clerk for
entring the same, threepence; any law, usage or custom to the
contrary notwithstanding.

And be it further enacted hy the authority aforesaid,

[Sect. 7.] That if any man shall Avear women's apparrel, or if any
woman shall wear men's apparrel, and be thereof duely convicted, they
shall be corporally punished or fined, at the discretion of the quarter
sessions, not exceeding five pounds, to the use of the county where the
offence is committed, towards the defraying of the county charges.
\jPassed June 19 ; published June 22.

CHAPTER 3.

AN ACT FOR THE CONTINUATION OF SEVERAL ACTS THEREIN MEN-
TIONED, THAT ARE NEAR EXPIRING.

Be it enacted by the Lieutenant- Governour, Council and Representa-
tives in General Court assembled, and by the authority of the same.
Act for prose- [Sect. 1.] That the act entituled "An Act for encouraging the
cu«ng of the^ prosecution of the Indian enemy and rebels, and preserving such as
^n^ians con in- ^^^ fiends," made and passed in the seventh year of his present
1694-5, chap. 10. ^jjj^g^^g^g reign, and all the powers, provisions, limitations, rewards.

[1st Sess.] Province Laws. — 1695-6. 211

penalties, articles, clauses and savings therein contained, other than what
are hereinafter altered, changed or otherwise provided for, shall continue
and be of full force and effect unto the end of the next session of the
general assembly ; unless the govcmour and council upon weighty con-
siderations moving, shall see cause by proclamation to suspend the
prosecution thereof before the assemblie's sitting : j^^'ovided, neverthe-
less^ anything in the afoi'o-recited act notwithstanding, that it shall be
in the power of the governour and council to prescribe such limita-
tions, and appoint such place and places for the residence of the Indians
of the several plantations of Natick, Hassanamiscox, Kekamoochock
and others, and to put them under such inspection and I'egulations, as
they shall think fit.

Provided^ also, that the reward to be paid for any Indian woman or
young person, judged to be under the age of fourteen years, that shall
be killed or taken and brought in prisoner, shall be henceforward
twenty-five pounds, and no more.

Provided, also, That no person or persons inhabiting or residing in Trading with
any of the towns or precincts within the county of Hampshire, shall den^'lTnder'^a'**
presume, directly or indirectly, to give, sell, trade, deal, truck or barter penalty.
any goods, wares, merchandizes, ammunition, or any sort of sti'ong
liquors, unto or with any Indian or Indians whatsoever, or receive any
peltry from them, on pain of forfeiting the sum of one hundred pounds ;
one moiety thereof unto his majesty, for and towards the support of
the government, and the other moiety to him or them that shall inform
and sue for the same, in any of his majestie's courts of record. And All licenses
all licenses fonnerly granted to any to trade with the Indians are ^^^^ ^^^*^'
hereby declared to be void and of none effect.

And be it further enacted by the authority aforesaid,

[Sect. 2.] That the act entituled " An act for the giving succours Succors and
and assistance to the neighbouring provinces and colonies against his fhenetghboriiig
majestie's enemies, made and passed in the seventh year of his present provinces,
majestie's reign, and all the powers, provisions, articles, clauses, matters ^^*^^' ^ ^P'
and things therein contained, shall continue and be in full force and
effect, unto the end of the next session of the general assembly, and
no longer. [Passed June 17 ; published June 22.

CHAPTER 4.

AN ACT FOR DISCONTINUING THE SUPERIOUR COURT OF JUDICATURE TO
BE HOLDEN IN THE SEVERAL COUNTIES OF HAMPSHIRE AND YORK,
DURING THE PRESENT WAR.

Forasmuch as it is hazardous for the justices of the superiour court
of judicature to ride the eastern and western circuits, by reason of
the Indians lying sculking about the woods, and draws a great charge
to the publick for a guard to attend them for their safe passing, —

Pe it enacted by the Lieutenant- Governour, Council and Representa-
tives in General Court assembled, and by the authority of the same.

That during the present war, the superiour courts of judicature 1692-3, chap. 3.3.
appointed by law to be holden at Springfield, in the county of Hamp- ^ ^'
shire, and at Kittery, within the county of York, be and hereby are
discontinued : provided, nevertheless, that for and during the time of the
said discontinuance, it shall and may be lawful to and for any person
agrieved at any judgment that shall be given in the inferiour court of
pleas, within either of the said counties of Hampshire or York, to
make his appeal from such judgment, unto the superiour court of judi-

212

Province Laws. — 1695-6.

[Chap. 5.]

cature, to be held at Boston ; and such appeal to be there beard and
tryed as has been formerly accustomed. And all appeals from either
of the said courts not yet heard and determined shall and may be
tryed at the sujDeriour court of judicature to be held at Boston, the
appellant giving the adverse party fourteen days' notice by summons
out of the clerk's office of the court appealed from, of his intentions to
prosecute the same, and filing the reasons of his appeal before the
granting of such summons. [^J*assed June 17 ; published June 22.

CHAPTER 5.

Assize of
Bbingles.

All shingles
under due as-
size exposed
to sale to be
forfeited.

Justice of the
peace to ap-
point a viewer.

Defective shin-

fles forfeited to
e to the use of
the poor.

AN ACT FOR REGULATING THE ASSIZE OF SHINGLES.

Whereas, it has been accustomed that shingles exposed to sale are
close pack't up in bundles, so that the quality of them cannot be seen,
and do frequently fall short of the due assize and dimensions, whereby
great injustice may be done ; for remedy whereof, —

JBe it enacted by the Ijieiitenant- Governour, Council and Representa-
tives in General Court assembled, and by the authority of the same,

[Sect. 1.] That all shingles exposed to sale, shall be made of good,
sound timber, and of the following dimensions ; that is to say, each
shingle to bear eighteen or fifteen inches in length, and not under three
and half inches in breadth, [«wc?] [?io<] [nor] under full half an inch
thick, and well shaved ; all shingles of eighteen inches and fifteen
inches, respectively, to be made up [in] [o/] distinct bundles by
themselves.

And be it further enacted by the authority aforesaid^

[Sect. 2.] That from and after the first day of September next
ensuing, no person shall expose to sale any such shingles, which are not
of the full dimensions of length, breadth and thickness aforesaid, on
pain of forfeiting every bundle, wherein any shingles shall be found
under any of the said dimensions of length, breadth or thickness.

[Sect. 3.] And if any person to whom any shingles are tendred
to be sold shall desire to have them viewed, upon his application made
to a justice of [tJie'] peace, such justice is hereby impowred to make
out a warrant for the appointing and authorizing some able house-
cai-penter to view and measure the same, and to administer an oath
unto him to deal faithfully and impartially therein, and in the presence
of the owner or vender of such shingles (if he see[s] cause to be there),
to perform the said service, and to make seizure of all such bundles of
shingles in which there shall be any found under the full dimensions
above mentioned, in any particular thereof. And upon such return
made by the said officer under his hand to the justice who granted the
warrant, such justice shall declare the said shingles to be forfeited, and
cause them to be delivered unto the selectmen or overseers of the poor of
the town where they are offered to sale, to be imployed to and for the
use of the poor of such town ; the charges of viewing being first
defrayed and answered for out of the same. But where there appears
no defects, the person at whose desire the sui-vey is appointed, shall
answer the whole charge thereof. [Fassed June 18 ; published June 22.

[1st Sess.] Province Laws.— 1695-6. 213

CHAPTER 6.

AK ACT FOR GRANTING A TAX UPON POLLS AND ESTATES.

For the support of the government within this his majestie's province
of the Massachusetts Bay, and answering of the incident and contin-
gent charges in and about the same ; for a vigoi'ous prosecution of the
war against the French and Indian enemy and rebels ; for the payment
of just debts already contracted, or to be contracted, and such grants
and allowances as have been or shall be made, and ordered by the
general court or assembly to any person or persons ; for the repairs and
support of his majestie's castle upon Castle Island, and the garrison
upon the same ; we, the representatives of his majestie's province above-
said, to the ends and intents before mentioned, and none other, do grant
and agree that it may be enacted, —

Aiid he it accordingly enacted by the Lieutenant- Governour, Council
and Representatives in General Court assembled, and by the authority
of the same,

[Sect. 1.] That there be raised, levied, collected and paid into the
publick treasury of this province, a rate or tax upon polls and estates,
real and personal, to be assessed upon the freeholders, inhabitants, and
other his majestie's subjects, resident within this his province, in man-
ner, at time, and according to the several rules and proportions in this
present act hereafter set down ; that is to say, all male persons of the
age of sixteen years and upwards (except elders of churches, settled
ministers and others devoted to the ministry, the president, fellows and
students of Harvard CoUedge, grammar schoolmasters, and such who
through age, infinnity, or extream poverty in the discretion of the
selectmen or trustees, are rendred uncapable to contribute towards the
publick charge), at four shillings per poll ; and all single women that
live at their own hand, at two shillings each, except such as through
age, or extream poverty, in the discretion of the assessors as aforesaid,
are unable to contribute towards the publick charge ; all real estates, as
houses, warehouses, mills, cranes, wharfes, tan-yai-ds, arable, pasture
and meadow ground, and all other lands inclosed, other than such as
ly[e] common to the use of the inhabitants in general, that the owners
have not particular benefit by, at the rate of fourpence upon the
pound, for the value thereof; which value is to be computed and reck-
oned according as they are or may be let for in the places where they
ly [e] for one year, which said rent being multiplied seven times, shall be
accounted the value of said houses, lands, and other real estate, as
above mentioned, without any allowance or subduction for repaires.

[Sect. 2.] The fermer or occupier of any houses or lands or other
real estate, being assessed for the same in his occupation, to be reim-
bursed the one-half of all he shall so pay towards the said assessment
by the landlord or lessor, where there is no particular contract to the
contrary, and shall be allowed to discount the same out of his rent,
producing a certificate from the selectmen what the whole amounts unto.

[Sect. 3.] All personal estate, as goods, wares, merchandizes, trad-
ing stock, money at interest, in whose hands soever it be, and all boats
and small vessels not liable to the duty of tunnage, every of the par-
ticulars aforesaid, at fourjjence on the pound, by the rule of common
estimation, at the discretion of the assessors, endeavouring the best
information they may, where no particular invoice of the species and
worth is presented to them : provided, nevertheless, that all English
goods and merchandises lying in the importer's hands undisposed of,
shall be assessed at twopence on the pound, and no more.

214 Province Laws.— 1695-6. [Chap. 6.]

[Sect. 4.] Every liandycraft-man, at fourpence on the pound for
his income, at the disci-etion of the assessors. All negro, molatto and
Indian servants, males of fourteen years of age and upward at the rate
of twenty pound estate, and females at fourteen pounds estate, unless
disabled by infirmitf^/] [ies.] Each ox and horse beast exceeding four
years of age, at forty shillings ; each cow exceeding three years, at
thirty shillings; all sheep above one year old, at four pound per
score; all swine above one year old, at six pound per score;
to be assessed at fourpence on the pound, after the said estimation :
provided^ that no estate belonging to any minister in the town where
he lives, being in his own actual improvement, or belonging to the
widow of any minister deceased in the town where she lives, shall be
rated unto the said tax.

I^e it further enacted hy the authority aforesaid,
Treasurer to [Sect. 5.] That the treasurer forthwith send out his warrants to the

rants for chofce Selectmen or trustees of each town or precinct within this province,
of commission- requiring them to cause the freeholders and inhabitants of such town

ers and to make '■ .^, t^ji t j. ^ j. ij.ii x-

the assessment, or precmct, qualined accordmg to law, to meet together some time in
the month of July next, who, being so assembled, are required to
choose one of their said freeholders to be a commissioner for said town
or precinct, which commissioner, together with their selectmen or
trustees, within the month of August following, shall make a true list
and assessment of all the male persons in the said town or precinct,
from sixteen years old and upward ; and of all single women that live
at their own hand ; and also a true estimation, as abovesaid, so near as
they can by all lawful means, which they may use of all estates, real and
personal, being or reputed to be the estate of all and every the persons
in the same town, or lying within the precinct thereof, under the cus-
tody or management of whomsoever, according to the several rates
before mentioned. And from said lists so made, the selectmen or
trustees and commissioners shall draw forth the names of the several
persons therein mentioned in two other distinct lists, setting forth one
just half, as near as may be, of the sum so assessed upon each person
against his or her name respectively, in each of said lists.
J^e it further enacted hy the authority aforesaid.
Commissioners [Sect. 6.] That the respective commissioners of each town and
to meet^'in Sep- j^recinct, upon the third Tuesday in September next, shall carry the
tembernext. g^icl two distinct lists of said town or precinct unto the shire town
within the same county, where the commissioners of the several toAvns
shall meet together to jicruse, examin and perfect the said lists ; which
said lists, so examined, perfected and signed by the major part of said
commissioners so met, shall, by one of the said commissioners whom
the rest shall appoint thereto, be forthwith transmitted unto the treas-
urer, together with a notification of the names of the constables or
collector of each of said town[s] or preciuctrs] ; and the treasurer,
upon receipt thereof, shall issue forth his warrants to the constables or
collectors of the respective towns and precincts, requiring them to col-
lect the total sum of one of said lists in money upon the inhabitants of
such town or precinct, and proprietors of lands therein, according to
their respective proportions, and to j^ay in such sums into the treasury
at or before the last day of January next ensuing; and shall likewise
issue forth other warrants to the constables which shall be chosen in
each respective town or precinct in March next, requiring them to
collect and pay into the treasury the sum total of the other of said lists
as aforesaid, at or before the twenty-ninth day of May thence next
following; and the selectmen of each town or precinct are hereby
required to notify the treasurer of the names of the said constables,
immediately upon their being chosen : provided, that if complaint be
made to the next general assembly, of any town or precinct for not

[1st Sess.] Province Laws. — 1695-6. 215

attending said rules before mentioned, the selectmen and commissioner
being sent for and convict[dc?] thereof, the com-t shall assess such fur-
ther sum as shall bring them up to an equality with the rest of the
towns.

£e it further enacted by the authority aforesaid,

[Sect. 7.] That all and every the powers, provisions, penalties, continuation of

articles and clauses contained in all and every the acts made for any ^"/^^i^®' p°!^"

Ti ,. 1 11 crs ana penal-

publick tax or assessment, granted by any lormer general assembly ties.

since the entrance of this government, for the collecting of the same,
shall continue and be of full force and effect, and shall be applied,
practiced and executed by the treasurer, selectmen or trustees, collec-
tors, constables, sheriffs and marshals respectively, for the levying,
collecting, answering and paying the rate or tax herein granted, as fully
and effectually to all intents and purposes, as if all and every the
clauses, matters and things in the said acts or any of them contained,
had been again repeated in this act, and particularly enacted.

[Sect. 8.] And the treasurer is hereby further ordered and directed Treasurer to
to make such abatements and allowances to towns, constables, collec- Sents ''and^ai-
tors or others, as have been or shall be made by this court, out of the 1°^.^"^®^' ^^^^
arrears of any former assessment or assessments; and is likewise
impowred to grant forth warrants to any fonner constables or collec-
tors, or such as shall be appointed collectors, for the enabHng of them
the better to collect and bring into the treasury such sum and sums as
are outstanding of any such arrears.

And be it further enacted by the authority aforesaid,

[Sect. 9.] That where any sheriff, marshal, or any of their deputies, Sheriffs or mar-
by warrant from the treasurer pursuant to law, already have, or at any gafj^and exe-^
tune or times hereafter shall distrain and levy the lands or tenements cute deeds for
of any constable or collector, for such sum or sums of money as such dStrataed.*"^ ^
constable or collector had or shall hereafter have collected and received
of any publick tax or taxes to him committed to gather, and not paid in
to the treasury within the time prefixed by the warrant or estreat
gi-anted for the same, the sheriff, marshal, or either of their deputies
executing the wan-ant, shall cause a due apprizement to be made of any
houses or lands so levied, upon the oaths of two or three sufficient free-
holders within the same county, which oath any justice of the peace is
impowred to administer ; and the sheriff or marshal respectively is
hereby fully impowred and authorized to make sale of such houses and
lands, and to make, seal, acknowledge and execute good and sufficient
deeds and conveyances for the same ; and thereout to pay and satisfy
the sum or sums for which such estate was levied, with all charges
arising thereon, and to return the overplus coming upon such sale (if
any there be), unto the owner. And all deeds and conveyances of any
such estate in lands or houses duely executed as aforesaid, shall be good
and effectual in the law, unto the purchaser and his heirs and assigns
for ever, to all intents and purposes.

And for a more speedy supply of the treasuiy, —

Se it further enacted,

[Sect. 10.] That the treasurer be and hereby is impowred to issue Five thousand
forth and pay a certain number of the bills of credit of the late colony SrSt^to^'bl
of the Massachusetts, indorsed in manner as is directed by the act ^^|!^^^^jj jg
entituled " An Act for a present supi)ly of the treasury," to the sum '

of five thousand pounds, and no more ; which bills shall pass out of
the treasury at the value therein expressed, the treasurer to have credit
in his account after the rate of five pounds per cent more for such sum
in said bills as he shall so issue forth as aforesaid, having been received
into the treasury at that value ; and the said bills shall be taken and
accepted in all publick payments, with the advance of twelvepence on
the poimd over and above the sum therein expressed ; and this present

216 Province Laws.— 1695-6. [Chaps. 7,8.]

tax is hereby granted as a fund for the repayment of all such sums in
said bills as shall be in the hands of particular persons, in current money
of this province. [^Passed June 27 ; published June 28.

CHAPTEK 7.

AN ACT FOR THE BETTER SETTLEMENT OF THE ISLANDS OF MARTHA'S
VINEYARD AND ISLANDS ADJACENT.

JBe it enacted by the Lieutenant- Governour, Council and Mepresenta^
tives convened in General Court or Assembly, and by the authority of
the same,
9 Gray, 512. That the islands of Martha's Vineyard, Elsabeth* Islands, the islands

called Neman's Land, and all the dependencies fonmerly belonging to
Dukes County (the island of Nantucket onely excepted), shall be, remain
and continue to be one county to all intents and purposes, by the name
of Dukes County ; and all appeals from any judgment or judgments given
or to be given in any of the inferiour couils of pleas within the said
county, shall henceforth be heard and tryed at the superiour court of
judicature to be holden from time to time at Plymouth within the
neighbouring county of Plymouth, any law, usage or custom to the con-
trary notwithstanding ; the jurors to serve at said superiour courts of
judicature to be from time to time chosen and summoned out of the
several towns within the said county of Plymouth and Dukes County
according to the directions in the law in such case provided ; the island
of Nantucket to remain and continue under the same forme of govern-
ment as is already there setled, and appeals from the judgments given
or to be given in the inferiour court of pleas within the said island to
be heard and tryed in the supenour court of judicature to be held
at Boston within the county of Suffolk, as is by law provided. [Passed
June 22 ; published June 28.

CHAPTER 8.

AN ACT IN FURTHER ADDITION TO THE ACT ENTITULED "AN ACT FOR
THE SETTLEMENT AND SUPPORT OF MINISTERS."

JBe it enacted by the lAeutenant- Governour, Council and Mepresen-
tatives i?i Ge?ieral Court assembled, and by the authority of the same,
1692-3, chap. 26, [Sect. 1.] That whcn at any time a church shall make choice of a
and chap.46,§8. jjjjjj-g^gj.^ ^^^ present their choice unto the inhabitants of the town or
precinct in a publick meeting duely warned and assembled for that pur-
pose, to have their concurrence therein, and the inhabitants so assem-
bled shall by a major vote deny their approbation of the church e's
choice, the church may call in the help of a council consisting of the
elders and messengers of three or five neighbouring churches, which
council are hereby impowred to hear, examine and consider the excep-
tions and allegations made against the churche's election ; and in case
the council shall notwithstanding appi'ove of the said election, such
minister accepting of the choice and settling with them shall be the
minister of the town or precinct, who shall be in all respects supported
and maintained as by the said act is provided ; but if otherwise, the
church shall proceed to the election of another minister.

* Sic.

[1st Sess.] Province Laws.— 1695-6. 217

And it is further declared,

[Sect. 2.] That no person by reason of his voting in the church
shall be precluded from voting as an inhabitant of the town, any law,
usage or custom to the contrary notwithstanding. [^J*assed June 13 ;
published June 22.

CHAPTER 9.

AN ACT OF SUPPLEMENT AND ADDITION TO SEVERAL ACTS THEREIN

MENTIONED*

In addition to the act for the establishing of judicatories and courts Disallowed by
of justice within this province, — di^ noV/24°*

Be it enacted by the Lieutenant- Governour, Council and Mepresenta- i698.
tives in General Court assembled, and by the authority of the same,

[Sect. 1.] That from and after the publication hereof, it shall be Appeal from
lawful for any person sentenced for any criminal offence by one or more JJ* ju^slice^in
justices of the peace out of sessions, to appeal from such sentence unto ?!^?^*\f*i7'*
the next court of general sessions of the peace to be held within the § sf" ' *^ ' '
same county, the appellant entring into recognizance with two suffi- J'^^'I'e'^anly^^
cient sureties, not exceeding the sum of five pounds, for his personal 1692-3', ch. 20, '
appearance at said court and prosecution of his appeal there with effect, feob-s, ch.22,§§
and to abide and perform the order or sentence of said court thereon, ^.^^^•
which is to be final, and in the mean time to be of the good behaviour : § 2."" ' ^^ ' '
2}7'ovided, that no appeal shall be granted unless it be claimed at the |^|2-3, ch. 33,
time of declaring the sentence, and that security be given as above 1693, ch.5,§4.
directed within the space of two hours next after, the party appealing Jeg^'ciKS, § 4.
remaining in custody of an oflScer until he shall have entered such secu- i693-4jch.4,§i.
rity, the officer not to be allowed above twelvepence an hour for his § 2. '^ ' '
time and attendance ; and every such appellant shall file the reasons of l^l^\f^' ~°' ^^
his appeal in the clerk's office of the court appealed unto, seven days security' to be
before the sitting of said court ; and also at his own cost shall take out and ^'Y?''* ^*'J! P1!S5S

o '- ^, t • £• M cution ana good

present unto the court an attested copy 01 the sentence and copies 01 all behavior,
the evidences upon which the same was grounded, and shall pay the
like fee for the entering of his appeal in said court as is by law required
for entry of an action in a civil cause, and the like fee to the jurors that
shall try the same.

Provided, also, that this act shall not extend unto mariners or sea- Not to extend
men that shall be prosecuted for absenting themselves and deserting eeame"."*'^ °^
their imployment. i<f 3-^' chap. 10,

A7id be it further enacted by the authority aforesaid,

TSect. 2.1 That it shall be lawful for any person agrieved at the Appealfromthe

K c"!! • i' • J. £• 1 ' ? xi. _ i sessions of the

sentence 01 the justices in any court 01 general sessions 01 the peace, to peace,
make his appeal from such sentence (the matter being firstly heard and \^~^' ^^^^' ^^'
tryed in said court), unto the next court of assize and general goal
delivery to be held within the same county, there to be finally issued,
every such appellant recognizing with sureties in a reasonable sum to
prosecute his appeal in manner as is hereinbefore directed and to be of
the good behaviour in the mean time.

A7id be it further enacted,

[Sect. 3.] That the justices of the several judicatories and courts of Courts to ap-
justice within this province be and are hereby impowred to appoint and ^ieV"ks!**'^*' ^^°
settle a clerk to officiate in such court, for the granting of all writts and 1092-3, chap. 33.
process issuing out of the same, entering and recording all verdicts and
judgments that shall be therein given, and other acts of the court, and
to do all things proper to the clerk's office to all intents and purj)oses,
any law, custom or usage to the contrary notwithstanding.

* The reasons for disallowing this act are given in the note to 1696-7, cbap. 5, post.
28

218 Province Laws. — 1695-6. [Chap. 9.]

And be it further enacted hy the authority aforesaid,
Superior court [Sect. 4.] That oiie of the superiour courts of judicature, court of
in Middlesex to assize and general goal delivery to be holden within the county of Mid-
town\if Janua- dlesex twice in the year, shall be kept and sit at Charlestown within
ry yearly. ^j^g g^^^^ county on the last Tuesday of January annually, any law,

§6. ''^ ^'^' ' usage or custom to the contrary in any wise notwithstanding.

And be it further enacted by the authority aforesaid,
Town orders [Sect. 5.] That the clause in the act entituled "An Act for regu-
befnfIrcTwith° luting of townships, choice of town officers, and setting forth their
out approbation power," providing that orders and by-laws made by towns, or selectmen
1692-3, *chap! 28, by instructions from the town, shall be presented unto the justices in
§5. ' quarter sessions and approved of by them, be and is hereby repealed ;

and all town orders and by-laws made or to be made by the towns, or
selectmen by instructions as aforesaid, shall be binding on all the inhab-
itants of the town, and the penalties for breach of any of them to be
levied by warrant of distress from the selectmen, or town clerk by their
order, upon conviction of any such breach, allowing to the party grieved
his appeal to the justices in quarter sessions within the same county, he
giving security to prosecute the same as the law provides in civil cases,
the town clerk keeping fair records of such pi'oceedings and to grant
copies thereof upon paying for the same.

And be it further enacted by the authority aforesaid.
Town's penalty [Sect. 6.] That when at any time there shall be a default or neg-
ine selectmen^ ^^^^ "^ ^"^ town or precinct to make choice of selectmen or other per-
sons to be assessors of the publick taxes: that are or shall be granted by
any general assembly within this province, the said default or neglect
being certified and made appear unto the general sessions of the peace
within the same county, such town or precinct shall forfeit and pay the
sum of twenty pounds, for and towards the support of the government
Court of quar- of this province ; or where any selectmen or assessors chosen or to be
appohft^^a^s^es*° chosen in any town or precinct refuse to accept _ the said service, in
eors in case, &c. either of the said cases the justices in general sessions of the peace in
the same county shall and are hereby impowred to nominate and
appoint three or more sufficient freeholders within such county, who
are also hereby authorized to assess the estate and persons of such town
or precinct their due proportion to any publick tax, according to the
rules set down for raising of the same, together with the aforesaid for-
feiture where the town is in default, and such additional sum as shall
answer their own reasonable charges for time and expence in said ser-
vice, not exceeding five shillings a man per diem, and to transmit the
list thereof unto the treasurer, to be levied by warrant from him
Allowance to together with the tax ; and the said assessors shall be paid their charges
such assessors, j^g abovesaid (being adjusted and certified by two or more of the jus-
tices of such court under their hands), out of the publick treasury, by
warrant from the governour with advice and consent of the council.
Be it further enacted.
Occupant of [Sect. 7.] That where the owner or tenant of any lands liable to

pubUc"axes,*° publick taxes shall not reside or be an inhabitant of the town or pre-
how compeii'a- cinct in which such lands lye, and no stock, corn or hay is to be found
same? ^^^ *^^ i^pon the said lands, whereof the constable or collector may make dis-
tress to satisfy such sum or sums as, from time to time, such lands shall be
assessed at, either to the province, county or town charges, upon appli-
cation in such case made by the constable or collector unto one of the
next justices of the county where the occupant of any such lands
dwells and resides, and presenting unto the justice an authentick list
of the assessment to him committed, such justice is hereby impowred
and required to grant a warrant unto the constable of the town or
precinct where such occupant dwells or resides, to distrain such occu-
pant by his goods or chattels the full sum at which said land is set in

[1st Sess.] Province Laws. — 1695-6. 219

the list of assessment, with the charges occasioned for making such
distress, and to satisfy the same by sale thereof, returning the overplus
(if any be) to the owner. And in case no goods or chattels can be
found whereon to distrain, to commit the party to the common goal of
the county, there to remain without baile or mainprize until he pay and
satisfy the sum or sums so assessed, with the charges.

And, in addition to the act entituled " An Act for regulating the 1693-4, chap. 3,
militia," —

Be it enacted by the authority aforesaid,

[Sect. 8.] That where the fines arising in any foot company of Drums, colors,
militia shall not be sufiicient to answer the charge of providing drums proVided. *° ^
and colours, and the support of drummers, the commission officers of
such company, respectively, together with the clerk, presenting an
accompt of the said charge in writing under their hands, as also an
accompt of their stock in fines, unto the selectmen of the town to
which such company belongs, the selectmen shall order payment out of
the town stock (if any there be) of so much as shall be necessary to
make up what is wanting in the fines, to answer and defrey such
charge ; or to assess such sum upon the ratable inhabitants of said
town in equal proportion (troopers excepted) according to the rules and
methods for raising of other town charges, and to grant a warrant for
collecting the same, and to make distress upon those that shall neglect
or refuse to pay their-proportion.

And in addition to the act for due regulation of weights and 1692-3, chap.3o.
measures, —

J5e it further enacted by the authority aforesaid,

[Sect. 9.1 That meal, fruits and all other thing-s usually sold by Measures to be

1, 1111 1JT, 1 1 £• 11 conformable to

heap measure, shall be sold by such measures as are made conlormable the standard
to the declared, publick, allowed standards in the said act mentioned, as ^?^ breadth and
well for breadth as depth, and none other. And if any person at any
time after the space of thirty days from the publication hereof, shall
ofier to sell anything to be measured as aforesaid by any other measure,
such person being complained of and convicted before any justice of
the peace, shall forfeit the value of anything so ofiered to sale, to the
use of the poor of the town where the offence is committed.
[^Passed June 28 ; published June 28.

220 Province Laws.— 1695-6. [Chaps. 10, 11.]

ACTS

Passed at the Session begun and held at Boston,
ON the Fourteenth day of August, A.D. 1695.

CHAPTER 10.

AN ACT TO PREVENT THE SUPPLYING OF HIS MAJESTIE'S ENEMIES.

Whereas the French of Port Royal and parts adjacent in Accadie
or Nova Scotia, within this his majestie's province, that have sworn
allegiance to the crown of England, have dependance on this govern-
ment to be furnished with necessary supplies for their subsistance,
which is meet should be under due regulations, to the intent that on
pretence thereof supplies may not be conveyed to his majestie's
enemies, for their support, —

JBe it therefore enacted by the Lieutenant- Governour, Council and
Representatives in General Court assembled, and by the authority of
the same^

That from and after the publication hereof, during the continuance
of the present war with France, the French of Port Royal and parts
adjacent in Accadie or Nova Scotia, be and hereby are inhibited all
intercourse of trade to Boston or other parts of this province to the
westward of Monhegin ; and that no other person or persons whomso-
ever (without special licence first had and obtained from the govemour,
with advice and consent of the council), shall or may presume to hold
any commerce or dealings with the said French or any others at Port
Royal, or m any of the parts adjacent in Accadie or Nova Scotia, or to
convay any goods, wares, merchandizes or provisions unto them by
land or water, but by licence as aforesaid, on pain of forfeiting one
hundred pounds, and all such goods, wares, merchandizes and provis-
ions, together with the vessel or vessels and all their tacklin, apparrel
and furniture on which they shall be laden, and all peltry or other
goods traded for: one moiety of said forfeitures to be unto his majesty,
for and towards the support of the government of the province, and
the other moiety to him or them that shall infonn [or'] [and] sue for
the same, in any of his majestie's courts of record. [Passed and pub-
lished August 17.

CHAPTER 11.

AN ACT FOR THE FURTHER CONTINUANCE OF AN ACT PASSED AT THE
FIRST SESSION OF THIS PRESENT GENERAL COURT OR ASSEMBLY, EN-
TITULED " AN ACT FOR THE CONTINUATION OF SEVERAL ACTS THEREIN
MENTIONED, THAT ARE NEAR EXPIRING."

Se it enacted by the Lieutenant- Govemour, Cowicil and Representa-
tives in General Court assembled, and by the authority of the same,
1095-6, chap. 3. That the said act of continuation, and the several acts therein
1694-5, chap. 10. mentioned, that is to say, the act for encouraging the prosecution of

[2d Sess.]

Province Laws. — 1695-6. 221

the Indian enemy and rebels, and preserving such as are friends, with

the several provisos and additions thereto in the said act of continuation

expressed, as also the act entituled "An Act for the giving of succours 1094-5. chap. 11.

and assistance to the neighbouring provinces and colonies against his

maiestie's enemies," to extend only unto succours and assistance tor the

province of New Hampshire, as need may require, and the govemour,

with advice and consent of the council, shall direct and order, be

and hereby are revived and further continued to be, remain and abide

in full force, unto the end of the next session of the general court or

assembly, and no longer. IFassed August 16 ; published August 17.

222 Province Laws.— 1695-6. [Chap. 12.]

ACTS

Passed at the Session begun and held at Boston,
ON the Twentieth day of November, A. D. 1695.

CHAPTER 12.

AN ACT THAT ALL PERSONS NOT BEING FREEHOLDERS OR SETTLED
INHABITANTS, COMMENCING SUIT, SHALL GIVE SECURITY BEFORE PRO-
CESS BE GRANTED.

Disallowed by Whereas, for the more due and equal administring of justice in
t^e privy coun- civil causes, the judgment given uiDon the first tryal is not final, the law
1698. ' ' allowing the party agrieved an appeal therefrom, or a review of the
same cause ; but forasmuch as strangers and others not resident within
the province, do many times, by themselves or attorneys, commence suits
against freeholders or settled inhabitants within the same, and recover
judgment and satisfaction thereon, and remove themselves, or conceal
and convey away the moneys so received, whereby the adverse party is
prevented of serving process to bring the cause to another tryal by
review, and by means thereof may sufl'er great wrong ; to the intent,
therefore, that all his majestie's subjects may receive and enjoy the
benefit of the remedy provided by law as abovesaid, —

Be it enacted by the Lieutenant- Governour, Council and Mepresenta-
tives in General Court assembled, and by the authority of the same,
Security to be [Sect. 1.] That every pei-son, not being a freeholder or settled
^o^ess'e^a'^ ted ii^habitant, having dwelt within the province by the space of three
years before, intending by himself or attourney to commence suit
against any i^erson or persons within this province, before j^rocess be
granted, shall by himself or attourney enter into bond, with two suffi-
cient sureties (being freeholders, or settled inhabitants, as aforesaid),
unto the party against whom process is demanded, in the clerk's office
of the court where the suit is to be brought, in double the sum to be
sued for, with condition to answer and satisfie the defendant his costs
arising by such suit, in case the plaintiff do not recover against him ;
and that if judgment be rendered for the plaintiff, and the defendant
shall review the same within the space of eighteen months next follow-
ing, and not afterAvards, that he shall well and truly pay and satisfy
unto the party bringing such action of review, all such sum and sums
of money as he shall recover thereupon, with the costs arising thereby.
Clerks of court [Sect. 2.] And all clerks of courts are hereby ordered and required
to take securitys ^^ ^j^j^g g^^^h bond, before they make out process in the name of or to
any stranger or other person, not being a freeholder or settled inhab-
itant as aforesaid, or to the attourney of any such, and safely to keep
the same, for the use and benefit of the party to whom it shall be made ;
for which such clerk shall demand the fee of two shillings, and no more,
to be paid by him at whose suit the process is granted, and to be again
allowed him in his costs, if he recover. And if it happen process to be
made out to any stranger or other person not being a freeholder or

[3d Sess.] Province Laws.— 1695-6. 223

settled inhabitant as aforesaid, or his attourney, without taking such Bond not given
bond and security, and the same be pleaded at the time of tryal, before abate.'^"''*^^^ ***
issue joyned (and the bond, or a certificate thereof from the clerk can-
not l>e produced or shewn forth), it shall be a good plea for abatement
of the Avritt, and be accordingly allowed of by the judges, any law,
usage or custome to the contrary notwithstanding.

And be it further enacted by the authority aforesaid,

[Sect. 3.] That every attourney commencing and prosecuting any Attorneys to
suit in the name of any stranc^er or other person not residing within fl'''iu|?l®i'^^^®

1 • i-iiiiiT T T'l 1 ••!• ^ ^^ tneir own

the provnice, shall be held and reputed m law as the pnncipal \\\ such persons,
suit, and be liable to be served with process against his estate or person
to a review of any such suit as the j^rincipal himself might be, if present
in his own person : jyrovided, such action of review be brought and
commenced within eighteen months next following the time of the
first tryal, or tryal upon an appeal as aforesaid, and not afterwards.

[Sect. 4.] And in all cases of like nature now depending, before cases depend-
execution be granted, security as aforesaid shall be given to respond {.gfted^^ ^'
and satisfy such sum and sums of money that shall be recovered upon
a review of any such action, with the costs arising thereon ; and the
attourney that commenced and prosecuted any such case shall be liable,
as aforesaid, to be served with process in his own estate or person to
such action of review.

And be it further enacted by the authority aforesaid,
[Sect. 5.] That if any stranger or his attourney, after suit com-
menced, or judgment given as aforesaid, shall withdraw himself or keep
out of the way, so as he cannot be served with a writ within the time
before limited to review the cause, it shall be sufiicient in law to bring
a review of such judgment at any time within eighteen months next
after rendring of the same, upon summons left at the house where such
stranger, or attourney commenceing suit in his name, had his usual
abode within the province, fourteen days before the sitting of the
court ; proof of such summons, so left, being made u^Don oath before
the court. [Passed November 27.

" — And whereas the Act entituled An Act that all persons not being Freeholders or settled
Inhabitants commencing suit, shall give security before process be granted, doth appear to us
very partially favourable to the inhabitants of that Province and injurious to all strangers that
have any dealings with them, because no stranger (that is, none who have not at that time
resided actually three years in the said Province) can have the liberty of commencing suit ag'
any inhabitant, without giving such security, and for so long a time as scarce any stranger can
be supposed capable to procure ; and we having thereupon advised with Merchants trading into
those parts they have also declared themselves to be extreamly sencible of the prejudice they
may receive thereby: We, therefore, humbly offer unto Your Excellency's our opinion that the
said Act be repealed." — Bepreseniation of the Lords of Trade, ^'C-, to the Lords Justices, in
Council, Nov. 24, 1698.

CHAPTER 13.

AN ACT FOR THE BETTER DISCOVERY AND MORE EFFECTUAL SUPPRESS-
ING OF UNLICENSED HOUSES.

FoRASMircH as divers ill-disposed and indigent persons, the pains
and penalties in the laws already made not regarding, are so hardy as
to presume to sell and retail strong beer, ale, cyder, perry, wine, rhum,
or other strong liquors or mixt drinks, and to keep common tipling
houses, therein harbouring and entertaining apprentices, Indians,
negroes and other idle and dissolute persons, tending to the ruin and
impoverishment of families, and to all impiety and debaucheries, and
if detected and convicted of any such offence, are unable to satisfy the
fine imposed by law for the same, and cannot be punished by imprison-

224: Province Laws.— 1695-6. [Chap. 14.]

ment without wrong to their families; for remedy whereof, and the
more effectual deterring and suppressing of such evil pi-actices, —

Be it enacted by the Lieutenant- Governoui\ Council and JRepresenta-
tives in General Court assembled^ and by the authority of the same.
Persons unable [Sect. 1.] That when and so often as any person being duely con-
to ^e^whippe(L^ victed of keeping a common tij^ling-house, or selling strong beer, ale,
cyder, perry, rhum, or other strong liquors or mixt drink by retail, with-
out licence first orderly had and obtained for the same, shall be unable to
answer and satisfy the fine imposed by law for such transgression,
together with the charge of prosecution, or that shall not j^ay such fine
and charges (and likewise give bond for the good behaviour, if it be a
second conviction), within the space of twenty-four hours next after sen-
tence declared in that respect, it shall and may be lawful to and for two
justices of the peace, or the court before whom the conviction shall be,
to order such offender to be openly whipt with so many stripes as in
their discretion shall be thought fit, not less than ten nor exceeding
fifteen for one offence, and to restrain the offender in prison until the
fine and charges as aforesaid are paid, or the order for coi-poral punish-
ment be executed.

And be it further enacted by the authority aforesaid,
Officer's power [Sect. 2.] That it shall and may be lawful to and for any grand-
found ^nunu^ j'^ii'oi's, constable, tithing men, and the officers imployed in and about the
censed houses, excise, €x officio, to enter into the house and dependencies thei'cof, of
any such jDei'son as aforesaid, suspected of selling strong drink without
licence, having once been convicted thereof, and taking with them such
assistance as they shall think needful, to make search for strong drink,
and finding any quantity of any kind of the drinks herein before men-
tioned, to seiz and secure the same, so as it be within the space of one
year next after such conviction, and to inform thereof at the next gen-
eral sessions of the peace to be holden within the same county, or unto
two justices of the peace (quorum unus) within the same. And if the
quantity of drink so seized, shall be judged by such court or justices to
be more than for the necessary use of the family, and what their con-
dition may reasonably allow them to expend, or otherwise to have in their
custody, it shall and may be lawful to and for such court or justices to
declare all such drink to be forfeited ; one moiety thereof unto the
party that seized and informed of the same, and the other moiety to
the selectmen or overseers of the i30or of the town where it was seized,
to the use of the j)Oor there, and to order the disposal thereof accord-
Appeal from m^y : provided, nevertheless, t\\ixt any person agrieved at the sentence
twoiu^ti^^s! ^^ ^^ ^^y *^^^ justices for either of the offences before mentioned, may
appeal therefrom xmto the next general sessions of the peace within the
same county ; provided such appeal be claimed in due time, and security
given in manner as the law in such cases directs. \_Passed December 12.

CHAPTER 14.

AN ACT FOR THE FURTHER CONTINUANCE OF SEVERAL ACTS RELATING
TO THE PROSECUTION OF THE WAR.

He it enacted by the lAeutenant- Governour, Council and Mepresenta-
tives in General Court assembled, and by the authority of the same.
Prosecution of [Sect. 1.] That the act entituled "An Act for the continuation of
the ind^n several acts therein mentioned, that are near expiring," made and passed
m^, chap. 11. at the session of this present genei'al assembly, begun and held at
1694-5, chap. 10. Boston, the twenty-ninth day of May, last past ; namely, " An Act for

[3d Sess.] Peovince Laws.— 1695-6. 225

the prosecution of the Indian enemy and rebels, and preservnig such as
are friends," with the several provisos and additions thereto in the said
act of continuation expressed, shall be and hereby are revived and far-
ther continued to be, remain and abide in full force unto the end of the
first session of the next general assembly, to be begun and held on the
last Wednesday of May, one thousand six hundred ninety-six, and no
longer : 2^^'ovided, nevertheless^ that the saving in the said act for prose- Rei^eal of the
cution of the Indian enemy, &c., referring to the county of Ilampsliire, HamMMre.
shall be, and liereby is repealed.

And it is further enacted^

[Sect. 2.] That all Indians who shall be found within five miles of Indians found
Connecticut River, on the easterly side thereof, or within twenty miles miies^on^the
on the westerly side of the same, shall be deemed and accounted to be east side or
enemies, and treated as such, and the same reward and allowance shall the wesTside*of
be made and given to any of his majestie's subjects that shall kill, or £?°"'^P*^£"j. ij
take and bring in prisoners any Indian or Indians found within the as enemies,
said limits, as by the said act and the act for the continuation thereof
is ordered and directed for any that shall bo killed or taken within
other parts of this province, during the continuance of said acts.

And he it further enacted hy the authority aforesaid,

[Sect. 3.] That the other act mentioned in the said act of continua- Assistance to
tion ; namely, the act entituled "An Act for the giving succours and pro^'jifce of**^^
assistance to the neighbouring provinces and colonies against his majes- Hampshire,
tie's enemies," to extend only unto succours and assistance for the province '^^'■'^^' '^'^'^p- ^^•
of New Hampshire, as need may require, and the governour, with the
advice and consent of the council, shall direct and order, be and hereby
is revived and further continued to be, remain and abide in full force
unto the end of the first session of the next general assembly to be
begun and held on the last Wednesday in May, one thousand six
hundred ninety-six, and no longer. [_Passed December 11.

CHAPTER 15.

AN ACT FOR TAKING OF AFFIDAVITS OUT OF COURT.

Forasmuch as it is often necessary that witnesses in civil causes be
sworn out of court, when, by reason of their going to sea, living more
than thirty miles distant from the place where the cause is to be tryed,
age, sickness, or other bodily infimiity, they are rendered uncapable of
travail, and appearing in person at the court ; to the intent, therefore,
that all witnesses may indifierently testify their certain knowledge, and
the whole truth in the cause they are to speak unto, —

-Z?e it enacted by the Lieutenant- Governom\ Council and Represen-
tatives in General Court assembled, and by the authority of the same,

[Sect. 1.] That for either of the reasons before mentioned, and not Adverse party
otherwise, every justice of the peace, or others lawfully commissionated cation!^ notifi-
and impowred thereto, by two or more of the justices of the supcriour
or inferiour coiirt respectively, may take affidavits out of court, so as a
notification with reasonable time be first made out and delivered to the
adverse party (if within twenty miles of the place), or left at the place
of his dwelling or usual abode, to be present at the time of taking such
affidavit, if he think tit; and every such witness shall be carefully
examined and cautioned to testify the whole truth; and being sworn,
the justice shall attest the same, Avith the day, month and year of the
caption thereof, and that the adverse party was present (if so) or that
a notification was sent him, and shall seal up the testimony, and deliver

226 Province Laws.— 1695-6. [Chap. 16.]

No person in- it to the party (if desired) at whose request it was taken. And no
attorney *to ^^^ person interested shall wi'ite or draw up the testimony of any witness
write affidavits, in such cause, nor any attourney in his client's cause ; and if it man-
Affidavits to be ifcstly appear any testimony to be written or drawn up by any inter-
returned to tiie ested, or the attourney in the cause, or be returned from any justice of
up. ^YyQ peace by other hand than his own, into the court where the same is
to be iised, unsealed, or the seal having been broken up, all such testi-
monies shall be rejected by the court, and be utterly void, and of no
effect in law.

And be it further enacted by the authority aforesaid^
Justices to [Sect. 2.] That every justice of the peace shall be, and hereby is

grant summons impowred, upon request to him made, to grant summons for the appear-
ance of any witness before him in any civil or criminal cause, where
such witness is bound to sea before the time of tryal, and to take his
deposition in such cause, the adverse party being jiresent, or notification
Witnesses to Sent him as aforesaid : lorovided., nevertheless, that witnesses to bonds,
writings ^may*''' Specialties, letters of attourney, and other instruments, in writing, under
be sworn witii- the hand of the party executinsr the same, or to accompts or testimonies

out notification. li-. ^j:«xi' x j. ^ a. ^ n

relatmg to persons out oi this government, or to be sent beyond sea,

may be sworn Avithout such notification as aforesaid.

And be it further enacted by the authority aforesaid.,

Affidavits in _ [Sect. 3.] That all affidavits relating to the possession of any

memor^mxoha houscs or lands, or any other matter, in perpetuam rei memoriam, shall

sworn in court be made and taken before some court of record, or two or more ius-

or before two .• o ,^

justices. tices 01 the peace, quorum unus.

And it is further enacted.
Penalty for [Sect. 4.] That all persons for-swearing themselves in any such

le^^^ciiap. 18, Jiffitlavit taken as aforesaid, shall incur the same penalties as if they had
§9- ' been taken in open court. \_Passed December 12.

CHAPTER 16.

AN ACT TO PROHIBIT THE EXPORTATION OF GRAIN, &c.

Whereas the harvest in the summer past fell greatly short, so as it's
feared there will not be a sufficiency of grain to serve the occasions of
the province untill the next crop, —

J3e it therefore enacted by the Lieutenant- Governour, Council and
Representatives in General Court assembled, and by the authority of
the same.
Grain, biscuit [Sect. 1.] That from and after the publication of this act, during
wUh^intent^to ^^ continuancc of the same, no grain of any sort, bisket or ffoAver
be exported to shall be exported or carried out of this province by land or water
be or eite . (except what is brought from the western towns to Hartford, in order
to be transported from thence to Boston) ; nor shall any grain, bisket
or flower be laden or put on board any ship or other vessell, or into any
carriage, with intent to be exported and carried out of the province by
land or water, other than what shall be for the necessary victualing of
ships and other vessels sayling out of this province, on pain of forfeit-
ing all such grain of every sort, bisket and flower, one moiety thereof
unto the selectmen or overseers of the poor in the town or place where
the same shall be seized, to the use of the poor there, and the other
moiety to him or them that shall inform and sue for the same in any of
his majestie's courts of record.
Officers to see [Sect. 2.] And all officers imployed for the entring and clearing of
d^y observed^*^ vessels, for the duties of impost and tunnage, for observance of the

[3d Sess.] Province Laws.— 1695-6. 227

acts relating to trade and navigation, are hereby strictly commanded
and required to see that this act be diiely kept and observed, and to
make seizure of all grain, bisket and flower about to be exported or
carried out of this province contrary thereto : pi'ovided, nevertheless^ Power in the
that it shall be in the power of the governour and council, from and founcuTo grant
after the tenth day of March next, as they may find cause, to grant licenses.
licences to particular persons for exportation of any kind of grain, bis-
ket or flower, this act or any thing therein contained notwithstanding.

And for the better encouragement to the biinging of provisions into
this province, —

JBe it enacted hy the authority aforesaid,

[Sect. 3.] That all vessels that shall import provisions (the major vessels bring-
part of their lading being such), shall be exempted and freed from the ing in provision
dutys of tunnage for that voyage, any law or usage to the contrary nage. '^ ^
notwithstanding.

[Sect. 4.] And upon the arrival of any grain, bisket or flower for Provision im-
sale in any port or harbour within this province, the owner or vender "^^^^l ^''wiioie^-
thereof shall not sell or dispose of the same in any greater quantity sale until the
than six bushels of grain, or a barrel or half barrel of flower, or more days.°*^ ^^^^^
than one hundred weight of bisket to one person, until he shall first
have given publick notice by a cryer three dayes beforehand of the
kinds, and place where such provision is to be sold, during which said
three dayes all persons shall have free liberty to buy of the said pro-
visions in the like or lesser quantitys than what is before expressed, for
the supply of their families, after the rate of the wholesale price at
that time, without any exaction, that the poor be not oppressed : pro-
vided, that this act shall continue in force unto the end of the first
session of the next general assembly, to be held upon the last Wednes-
day in May, one thousand six hundred ninety-six, and no longer,
[Passed December 14.

228 Peotince Laws.— 1695-6. [Chap. IT.]

ACTS

Passed at the Session begun and held at Boston

ON THE Twenty-sixth day of February,

A.D. 1695-6.

CHAPTEE 17.

AN ACT FOR GRANTING UNTO HIS MAJESTY AN ADDITIONAL TAX OF TWO
THOUSAND THREE HUNDRED THIRTY-THREE POUNDS NINE SHILLINGS
AND THREEPENCE UNTO THE TAX UPON POLLS AND ESTATES GRANTED
BY AN ACT OF THIS COURT AT THEIR SESSIONS BEGUN THE TWENTY-
NINTH DAY OF MAY LAST PAST.

Foe the support of the government within this his majestie's prov-
ince of the Massaclnisetts Bay and answering of the incident and con-
tingent charges in and about the same ; for a vigorous prosecution of the
war against the French and Indian enemy and rebels ; for the payment
of just debts already contracted or to be contracted on the publick
account within this province, and such grants and allowances as have
been or shall be made and ordered by the general court or assembly to
particular persons ; for the repairs and support of his majestie's castle
upon Castle Island and the garrison there ; for the making good one
hundred pounds miscast in the grant of nine thousand five hundred
fifty-nine pounds, including a former grant by act of the general assem-
bly passed at their sitting by adjournment the fifth day of September,
1694-5, chap. 12. one thousand six hundred ninety-four, entituled "An Act for regulating
of the late tax and for granting an additional supply of money " : to the
ends and intents afore-mentioned and none other, we, the representa-
tives of this his majestie's said province of the Massachusetts Bay, do
grant unto his most excellent majesty a tax of two thousand and eight
pounds nineteen shillings and threepence in money, to be raised and
levied upon polls and estates both real and personal within the same,
as, in and by this present act for the manner and proportion thereof, is
directed and set forth, —

A7id be it enacted by the Lieutenant- Governour, Council and Repre-
sentatives in General Court assembled, and by the authority of the
same,

[Sect. 1.] That the treasurer do forthwith make out and send war-
rants to the selectmen or trustees and commissioner of each resj^ective
town and precinct within this province, reqviiring them to assess all
their rateable male polls and estate, both real and personal, lying within
such town or precinct and the dependances thereof, one full and just
third part of the sum total of the two several lists returned unto the
treasurer upon the grant made at the session of this court begun and
held the twenty-ninth of May last past, the lists of the same that are
returned amounting to the sum of six thousand and twenty-six pounds
seventeen shillings and eightpence, which said third part is to be
assessed proportionably upon polls and estates according to the rules
and directions in the act for the said grant prescribed and particularly

[4th Sess.] Province Laws.— 1695-6. 229

set clown ; and the said lists so made to return unto the treasurer, with
a notification of the names of the constables or collectors of such town
or precinct respectively at or before the last day of March instant. And
the treasurer is hereby further impowred and ordered to send out war-
rants directed to the constables or collectors of the said several towns
and precincts, together with the said lists requiring them to collect and
pay in the sum therein mentioned into the treasury, and to issue their
accouii)ts thereof with himself or successor at or before the twenty-
ninth day of May, which will be in the year of our Lord God one thou-
sand six hundred ninety-six : provided^ nevertheless, forasmuch as the
selectmen ol- trustees of the several towns and precincts hereafter
named have omitted their duty, in not returning unto the treasurer the
lists of their said town's, or precinct's, respective sums and proportions
imto the aforesaid tax granted by this court at their session begun the
tw^enty-ninth day of May last past, and have hitherto paid nothing
towards the same ; —

To the intent therefore that they may bear their just and equal pro-
portion of publick charges, —

£e it enacted by the authority aforesaid,

[Sect. 2.] That the said several towns and precincts shall pay
towards the said former and this additional grant the respective sums
following ; that is to say, —

York, ten pounds,

Wells, ten pounds,

Kittery, twenty pounds,

Isle of Shoals, five pounds, .....
Edgar Town, forty-one pound, ....

Chilmark, twenty-one pounds six shillings eightpence,
Tisbury, twenty-one pounds six shillings eightpence,

Nantucket, eighty pounds,

Southfield, twenty pounds, .....

Enfield, five pounds, ......

Eastham, ninety pounds sixteen shillings eightpence,

The whole proportion of the said before named towns and precincts,
amounting to three hundred twenty-four pounds ten shillings, being
added to the two thousand and eight pounds nineteen shillings and
threei^ence before mentioned, makes this additional grant to be two
thousand three hundred thirty-three pounds nine shillings and three-
pence, and the whole tax (including the sum formerly returned), to be
eight thousand three hundred and sixty pounds six shillings and eleven-
pence.

[Sect. 3.] And the treasurer is hereby ordered forthwith to send
out warrants directed unto the selectmen or trustees and commissioner
for assessment (if any such there be), of the several towns and precincts
before named, requiring them forthwith to assess the sum herein set
and proportioned, unto the said several tow^ns and precincts upon all
the rateable male polls and estate, both real and personal lying within
the same, according to the rules and directions in the act for the afore-
said grant, and in this present act prescribed and set down, and to
return a list thereof unto himself at or before the last day of March
instant ; and the treasurer upon receipt of the same is hereby further
impowred and ordered to send fortli his warrants, together with the
said lists, unto the constables or collectors of the said several tOAvns
and precincts, requiring them to collect and pay in the sum therein
mentioned into the treasury and to issue their accompts thereof with
himself or successor as aforesaid at or before the said twenty-ninth day
of May, wdiich will be in the year of our Lord God one thousand six
hundred ninety-six.

£10

05,

.Od.

230 Province Laws.— 1695-6. [Chap. 18.]

And for the better enabling the treasurer to enforce the bringing in
of the monies herein mentioned to be granted, and the arrears of all
publick rates and taxes whatsoever, at any time or times heretofore
granted either due from any town or towns, or in the hands of any
sheriff, constable or collector the accompts whereof lye open and unfin-
ished, or where any selectmen or assessors have or shall fail of per-
forming the duty and seiwice lawfully required of them, —

JBe it enacted by the authority aforesaid,

[Sect. 4.] That the treasurer shall be and hereby is fully impowred
and authorized to take, use and execute all such methods, directions,
powers and authorities as have heretofore been given him in and by
any act or acts of the general assembly, or in any clause, branch or arti-
cle thereof, for the obtaining and drawing into the treasury as well all
the monies mentioned to be granted in and by this present act, as all
arrears of any former and other rates and taxes whatsoever as fully and
effectually as if the same directions, methods, poAvers and authorities
had herein been again particularly recited and re-enacted, and notwith-
standing any limitation or restraint thereof in the particular act or acts
wherein the same are enumerated, set down and expressed ; and all
selectmen, trustees or assessors, sheriffs, constables or collectors failing
of performing the duty and service of them respectively required, shall
be liable and subject unto the like pains, penalties and forfeitures to be
prosecuted, had and recovered of them in the same way and manner
and before the same judicatories as in and by the said acts or any of
them are set, declared and prescribed.

And he it further enacted,

[Sect. 5.] That the treasurer be and is hereby impowred to issue
forth and pay a certain number of bills of credit, to the value of four
thousand pounds more than what is before ordered accoi'ding to the
aforesaid act, for which this present tax and the impost and excise
shall be a fund.

And he it declared and enacted by the authority aforesaid,

[Sect. 6.] That the accounts of the issuing and disposal of monies
and sums of money granted and raised, and that hereafter shall be
granted and raised by the general assembly for the support and defence
of this his majestie's jirovince, and that hath or shall come into the
publick treasury by any other wayes or means whatsoever, shall be by
the treasxTrer laid before the great and general assembly, when by them
required, for their examination, ajDprobation and allowance from time
to time as hath been accustomed ; and all such approbations and allow-
ances of the general assembly heretofore, and that hereafter shall be
passed, shall be to the treasurer a full and final discharge. \_Passed
March 7, 1695-6.

CHAPTER 18

AN ACT FOR THE ENCOURAGEMENT OF MAKING SALT WITHIN THIS

PROVINCE.

FoEASMUCH as the inhabitants of this province are brought into great
straits by reason of the deamess and scarcity of salt, many of our ves-
sels imployed in fetching of it from Tartooda and other places being
taken by privateers, and others discouraged from undertaking such voy-
ages during this time of war ; • and whereas Elisha Cook, Elisha Hutch-
inson and John Foster, Esqrs., have informed this court that proposals
have been offered them of the possibility of making salt here after the

[4th Sess.] Province Laws.— 1695-6. 231

manner as it is made in France, for a trial whereof a considerable sum
of money must be advanced and great pains taken, and that with uncer-
tainty of success ; wherefore for the promoting of a design tliat will be
so universally beneficial if it take effect, —

JBc it enacted by the Lieutenant- Governoiir, Council and the Hepre-
sentatives in General Court assembled, and by the authority of the same,

That the whole priviledge and benefit of making salt within this
province shall be to the said Elisha Cook, Elisha Hutchinson and John
Foster, Esqrs., and their associates, during the space of fourteen years ;
and if any person or pereons shall make any salt as abovesaid within
this province during the said term of fourteen years next coming, or
shall import any salt into this province, made as abovesaid in any other
province or place in New England, they shall yield and pay as a custome
the value of ten shillings per hogshead for all such as shall be imported as
abovesaid, one-half to the undertakers, Elisha Cook, Elisha Hutchinson
and John Foster, Esqrs., and their associates, the other half to the use
of the poor of the town where the same shall be seized, to be recovered
as other customs are, Avhether the same be seized on board any ship or
vessel importing it, or in any storehouse or place on shear within six
moneths after its being so imported : provided, that the said Elisha
Cook, Elisha Hutchinson and John Foster shall cause to be made as
abovesaid one hundred hogsheads of good merchantable salt within
this province before the expiration of the year one thousand seven hun-
dred, any law, usage or custom to the contrary notwithstanding.
\_Passed March 7, 1695-6.

Notes. — Besides the acts here printed three private acts were passed this year, bearing the
following titles : —

" An Act To enable Abigail Hanniford of Boston, Widow, to make Sale of an House & Land
in Boston." — {Passed June, 13, 1695.]

" An Act to enable Samuel Lewis, William Weeks and Thomas Boweman to Eeview an
Action at the next Superiour Court of Judicature to be holJen at Plymouth of a Case there
Tryed the filteenth day of March, 1693."— [Pusserf Dez. 6,1605.]

" An Act to Enable John Carey, merchant, to Review a Cause tryed at the last Superiour
Court of Judicature held at Boston, between Richard Chauncy and the said John Carey." —
\PassedDe.c. 12, 1G95.]

Of the acts here prmtcd the engrossments of the following chapters, only, are preserved in
the Secretary's office; viz., chapters 1,2,3,4,5,6,7,8,9.10, 11, and the first of the tiiree private
acts abovementioned.

The acts of the first two sessions of this year were sent by the Lords Commissioners to the
Attorney and Solicitor-General as early as Sept. 15, 1696; but they were, soon after, misplaced,
and not brought to light until Ma}^ 20, 1098, when, having been found by the Attorney-General,
they were, through the exertions of Sir Henry Ashurst, the agent of the Province, again brought
to the notice of tlie Board in the report of the Solicitor-General, dated June 22, 1698, wherein
he expresses his opinion that chapters 2, -1, 5, 6, 7, 8, 9 and 10 " are agreeable to Law and Jus-
tice and do not contain anything prejudicial to his Majestie's Roj-all Prerogative;" and also
gives the same opinion of chapters 1, 3 and 11 ; as appears at length in the notes hereunder
given to those chapters, respectively.

The acts of the last two sessions were, in like manner, sent to the Solicitor-General, Dec. 12,
1696, who reported, on the 13th of Jan. following, that, in his opinion, chapters 12, 13, 15, 16
and 17 " are agreeable to Law," &c., (S:c. ; but that "not having seen the Acts intended to be
continued " by chapter 14, " and noe person having been with [him] to give [him] satisfaction
as to the matters suggested in " chapter 18, he is " not able to give an opinion how farr it is fitt
to confirm " the same.

Notwithstanding the opinion of the Solicitor-General, the Lords Commissioners, Nov. 2, 1698,
" Ordered that Messieurs IMico, Father & Son, M"' Stephen Mason, M' Jos: Pace, Captain John-
son, Mr. David Waterhouse, or any two or three of them, or other New England Traders be
desired to attend the Board tomorrow morning," for further satisfaction than they had been
able to get from the answers of Mr. Brenton, who had been examined by them the day before.
The result of their inquiries is shown in the notes to chapter 12, ante, etpost.

In their representation of Nov. 24, 1608, the Board of Trade mark chapters 1, 3, 4, 5, 10, 11,
14, 16 and 17, as " expired ; " and chapters 9 and 12 " to be repealed," with their reasons there-
for, as shown by the reference and note to those chapters, respectively. The order, bearing the
same date, of the Lords Justices in Council, — the King being then out of the Realm, — adopts
the suggestions of the Board, and, on the third of Jan. 1698-9, the Board ordered a letter to be
sent to Lt. Gov. Stoughton, reciting the action of the Council upon the foregoing acts, and other
acts considered at the same time. This letter appears not to have been written until a month
later, when it Avas addressed to Richard, Earl of Bellomont, who, in the meantime, had received
his commission as '• Captain-General and Commander-in-Chief of his Majesty's Provinces of the
Massachusetts' Bay, New York and New Hampshire, in America and the Territories thereupon
depending," &c.

232 Province Laws.— 1695-6. [Notes.]

Chap. 1. " — And I humbly conceive, in case the 'Act for Impost, Excise and Tunnage of
shipping,' [1692-3, ch. 5] and the ' Act for Impost and Excise,' [1692-3, ch. 21] both made in
the fourth year of King William, and tlie ' Act for the better collecting the Impost and Excise
and preventing frauds,' [1693, ch. 5] made in the fifth year of King William, and the ' Act for
reviving and continuing of the duties upon Goods, Impost, Excise, Tunnage of shipping, and
the Acts for granting the same,' [1094-5, ch. 1] made in the sixth year of King William, and
the ' Act for granting a Tax upon Polls and Estates, and additional duties of Impost and Tun-
nage of shipping,' [1694-5, ch. 27] made in the .seventh j-ear of King William, intended to be
continued by the said Act now proposed, have already been confirmed by his Majesty, That in
such case there is not anytiiing in the said Act now proposed but what is agreeable to Law and
Justice, and containeth nothing prejudicial to his Majestie's Eoyall Prerogative." — Rejxirt of
SoUcilor-General IJawles io the Lords Commissioners of Trade, tfc, June 22, 1698.

Chap. 2. — " July 8"' 1700. A Petition of the Ministers Wardens and Vestrymen, of the Con-
gregation of the Church of England in Boston praying that there may be Such. Explanatory Act
made to the Act of this Province Intituled an Act to prevent Incestuous Marriages, (wherein it
is provided that no Minister shall Marry any persons, but Such as one or both of them are
Inhabitants, or resident in the Town where he is Setled in the Work of the ]Ministr\-) As that
the s* Clause in the Act aforesaid, may not Extend, or be Construed to Extend to prohibit Min-
isters of the Church of England to Marr\' persons of their Own Communion, Altho' they be
not Inhabitants, or resident in the same Town that Such Ministers dwell in, W^as presented
and road at the Board and the Question being thereupon put whither a Bill Should be brought
in to provide accordingly. It passed in the Negative; For that the Law as it now Stands pro-
viding against Incestuous & Clandestine Marriages, allows the Ministers of Church of England
Equal Liberty with all the other Ministers within this I'rovince." — Council Records, vol. VII.,
p. 122.

Chap. 3. " — And I humbly conceive in case the Act for incouraging the prosecution of the
Indian Enemy and Rebells and for preserving such as are Friends, [1694-5, ch. 10] and the
Act for giving succours and assistance to the neighbouring Provinces and Colonies against his
Majestie's Enemies, [1694-5, ch. 11] both made in the 7th j'ear of King William, intended to
be continued by the said Act now proposed have already been confirmed by his Majesty, that
in such case there is nothing in the said Act now proposed but what is agreeable to Law and
Justice and containeth nothing prejudicial to his Majestie's Eoyall Prerogative." — Opinion of
Solicitor-General Ilawlts, ut sujn-a.

Chap. 11. "And I humbly conceive, in case his Majesty shall be pleased to confirme the
said Act for the continuance of severall Acts therein mentioned, &c.. That, in such case, there is
nothing in the said Act now proposed but what is agreeable to Law and Justice, & contains nothing
prejudiciall to his Majestie's Koyall Prerogative." — Opinion of the Solicitor- General, ut su])ra.

" Whitehall, Nmember 3^4 1098.
Chap. 12. "At a Meeting of his Maj'J' Commrs for Trade & Plant., M'' Stephen Mason
with other New England Merchants attending as they had been desired, their Lordships com-
municated to them the Act of the General Assemblv of the Massachusetts Bay, intituled An Act
that all persons not being freeholders or settled Inhabitants commencing suit shall give security
before Process be granted; Upon which they declared their sence. That the said Act seems very
partial to the inhabitants of that Colon}'', and veiy injurious to all persons trading thither, &;
therefore desired that it might not pass." — Trade papers (Journals) in Public Record OJ/ice,
vol. v., p. 275.

Chap. 18. " Amongst the Acts which have been confimied there is one, entitnled An Act for
the incouragement of making Salt within this Province, the success of which we desire you to
acquaiat us with." — Letter from Board of Trade io Bellomont, Feb. 3, 1698-9.

ACTS,
Passed 1696.

[233]

[1st Sess.] Province Laws. — 1696. 235

ACTS

Passed at the Session begun and held at Boston,
THE Twenty-seventh day of May, A.D. 1696.

CHAPTER 1.

AX ACT FOR CONTINUING OF SEVERAL ACTS THEREINAFTER MENTIONED,
THAT ARE NEAR EXPIRING.

"We, his majestie's dutiful subjects, the representatives of the prov- Disallowed by
ince of the Massachusetts Bay in New England, in general court di*' November^*
assembled, being duly sensible of the gi-eat charges and expences which 2i,'ic98.
have already risen, and are daily growing and increasing, for the
defence of his majestie's subjects and interests within this his province ;
for the more effectual prosecuting the present war against the French
and other his majestie's enemies ; for defraying the necessary and con-
tingent charges in and about the support of the government of the
province ; and for the payment of such grants, salaries and allowances
as have or shall be made and ordered by the general assembly ; there-
fore, to the ends and intents aforesaid, may it be enacted, —

Atid be it accordingly enacted by the Lieutenant- Governour, Council
and Representatives convened in General Courts and by the authority
of the same,

[Sect. 1.] That the several impositions, rates and duties ujion all Continuation of
wines, liquors, goods, wares and merchandizes that shall be imported impol"tf excise
into this province, tunnage of shipping, and the duties of excise granted an.^i tonnage of
unto his majesty, enumerated in and by an act of the great and general acJs 0/ loos-oT
court or assembly, entituled " An Act for Impost, Excise, and Tunnage ciMptersiandG.
of Shipping," and by one other additional act for impost and excise,
both made in the fourth year of the reign of his present majesty, and
of our late most gracious sovereign lady, Queen Mary, of blessed mem-
ory; and one other act entituled "An Act for the better Collecting the 1093, chap. 5.
Impost and Excise, and jDreventing frauds," made in the fifth year of
their said majesties' reign ; and by one other act, entituled "An Act ico4-5, chap. 1.
for the reviving and continuing of the Duties upon Goods, Impost,
Excise, and Tunnage of Shipping, and the Acts for granting of the
same," made in the sixth year of their said majesties' reign ; and the
additional rates and duties of impost upon wines, liquors, goods, wares,
merchandizes and tunnage of shipping, mentioned in an act entituled
"An Act for granting unto their majesties a tax on Polls and Estates, 1694-5, chap. 27.
and additional Duties of Impost and Tunnage of Shipping," made in
the seventh year of his present majestie's reign ; be and are hereby fur-
ther granted and continued until the twenty-ninth day of June, one
thousand six hundred ninety-seven, and no longer. And that the said
several acts before mentioned, and the act entituled "An Act for con- 1695-6, chap. 1.
tinning certain Rates and Duties of Impost, Excise and Tunnage of
Shipping, and reviving of the Acts for granting the same," made and

236 Province Laws.— 1696. [Chap. 1.]

passed by the general assembly begun and held the twenty-ninth day
of May, one thousand six hundred ninety-five, in the seventh year of
his said majestie's reign, and 'all the powers, penalties, articles and
clauses in the said several acts contained, other than what of any of
them are already altered or repealed, or that shall otherwise in this
present act be altered or provided for, shall continue and be of full
force and effect, until the said twenty-ninth day of June, one thousand
six hundred ninety-seven, and no longer ; and for and during that term
shall be applied, practised and executed for the levying, collecting,
answering and paying the said rates and duties hereby continued,
according to the tenor and intent of this present act, as fully, to all
intents and purj^oses, as if all and every the clauses, matters and things
in said acts or any of them contained, had been again repeated in this
act, and particularly enacted : promded^ nevertheless^ —
And he it enacted by the authority aforesaid^
Drawback upon [Sect. 2.] That whereas, in and by the said acts, no drawback is
^^th'*^t^°°i ^^ ^*^ ^^^^ upon the exportation of wines and liquors after the expira-
months. tion of nine months next following their being imported, the said time

of nine months is hereby enlarged unto twelve months for all wines
and liquors that shall be imported after the twenty-ninth day of June,
in this present year one thousand six hundred ninety-six, any former
law, usage or custom to the contrary notwithstanding.
And he it further enacted^
Masters of ships [Sect. 3.] That all masters of ships or other vessels shall make oath
to make oath to ^q w^q account Avhich the law obliges them to give under their hands to
the commissioner for impost and excise, of any goods which they have
on board liable by law to pay impost, which oath shall be, that the
same is a true account, to the best of their knowledge, of the quanti-
ties, and to Avhom the goods arc consigned, with the marks thereof; to
be admiuistred by the commissioner or receiver respectively, who are
Abatement for hereby impowred thereto. And if it be made appear that any wines
ecayed wines. ij^pQj^.j^e(;i j^ ^ny ship or vessel be decayed at the time of landing
thereof, or in twenty-four hours afterwards, oath being made (if
required) before the said commissioner or receiver, that the same hath
not been landed above that time, the duties of impost for such decayed
wines shall be abated. And the said commissioner is hereby also
impowred to lett or farm out the excise Avithin the counties of Hamp-
shire, York, Dukes County, and the Island of Nantucket, for the best
profit and advantage of the publick that he can for the ensuing year.
And he it further enacted hy the authority aforesaid,
Continuance of [Sect. 4.] That the act entituled " An Act encouraging a Post-
I693^°h* °^*'^" ^^ce," made in the fifth year of the reign of his present majesty, and
' " * the late Queen Mary, of blessed memory, and all the clauses and articles
therein contained, be and hereby is revived and continued to be, abide
and remain in full force for the space of three years from the publica-
tion hereof, and no longer.
And he it further enacted.
Continuance of [Sect. 5.] That the act entituled " An Act to prevent the Desert-
vent*dese?tin^g' ^"a ^^ ^he Frontiers," and the act entituled " An Act for the further
the frontiers, continuance of several Acts relating to the i3rosecuti[?i;7] [on] of the
iG9-t-5, chap. 25, War," botli made in the seventh year of his said majesty's reign, and
^h^ ^Tl "' ^^^ ^^^^ clauses and articles in each of said acts contained, be and hereby
are revived and continued, to be, abide and remain in full force unto
the twenty-ninth day of June, one thousand six hundred ninety-seven,
and no longer.

And he it further enacted.
Continuance of [Sect. 6,] That the act entituled " An Act to prohibit the Expor-
ex^ ort*ation of* ^^^^^^^ ^^ Grain," made at the sitting of the general assembly in Novem-
grain.

[1st Sess.] Province Laws. — 1696. 237

ber last, in the seventh year of his said majesty's reign, be and hereby ic95-6, chap. le.
is revived and continued, to be, abide and remain in full force until the
end of the next sessions of this present general assembly, and no longer.
}[JPassed June 9 ; published June 17.

" And whereas an Act entituled An Act for continuing of certain Acts thereinafter mentioned
that are near expiring, doth, amongst others, continue and reinforce an Act entituled an Act
encouraging a Post office, which hath already been repealed. We are humbly of opinion that
this be also repealed." — Representation if the Board of Trade, Nov. 24, 1698, ut s^ipra.

CHAPTER 2

AN ACT FOR THE SETTLEMENT AND WELL ORDERING OF A PUBLICK
MARKET AND FAIRS, WITHIN THE TOWN OF BOSTON.

Whereas, by long experience within his majestie's kingdom of
England, the setting np of fairs and markets in cities, sea-ports, and
other populous towns and places, has been found of general benefit and
advantage, and forasmuch as great inconveniences are observed to
attend not only the inhabitants of the town of Boston, but also the
country people living near the same, for want of a publick and ojjen
market in said town, to the intent that forestalling, regrating and
ingrossing of \dctuals and other commodoties may the better be pre-
vented,—

He it therefore enacted hy the Liexitenant-Governour., Council and
Iie2:>rese?itatives in General Court assembled, and by the authority of
the same,

[Sect. 1.] That henceforward there be a market held and kept Market days,
within the said town of Boston, upon each Tuesday, Thursday and
Saturday in every week, weekly, and on no other daycs, to be kept at
such place or j^laces in said town, where the major part of the justices
of peace and selectmen of said toAvni shall agree and assign for the
most conveniency of the inhabitants in general, and the country people
resorting to said market.

And, for the opening and raising of the said market, —

It is enacted by the authority aforesaid,.

[Sect. 2.] That a bell be rimg every market day at the opening of A bell to ring at
the market, at tAvelve a clock, and at the ending of the market ; that is ^}jg market^&cf
to say, from the first day of March until the first day of May, yearly,
at seven a clock in the morning ; and from the first day of May to the
first day of September, yearly, at six a clock in the morning ; and from
the first day of September to the first day of March, yearly, at nino
a clock, before noon ; and that the market shall not hold and continue
after six a clock, afternoon, from the first of March to the first of Sep-
tember ; nor after four a clock, afternoon, from the first of Sejitember
until the first of March, yearly. And if any person or persons shall No sale to be in
sell or put to open sale in the said market any manner of provisions or ^jjg befiHng.*''^
other commodities before [the] ringing of the market bell, at the said
several hours and times in the morning, respectively, such offender or
ofix'nders, being thereof convict, shall be deemed and reputed to be
forestallers of the market, and shall be proceeded against as such, as by
this act in that case is directed and appointed.

And it is further declared and enacted by the authority aforesaid,

[Sect. 3.] That no jjcrson or persons, from and after the setting up no sale to be
of the said market, shall l)uy or cause to be bought any victuals or any but in the mar-
other commodities whatsoever, coming to the said market by land or
water, or make any bargain, contract or promise for the having and
buying of the same, or any part thereof so coming as aforesaid, before

238 Province Laws.— 1696. [Chap. 2.]

the same shall be brought into the said market, ready to be there sold,
or shall make any motion by word, letter or otherwise to any jierson,
for the enhancing of the price or dearer selling any commodity in the
said market, on pain of being proceeded against as a forestalier of the
market.

And it is also ^further enacted,
Retailers, [Sect. 4.] In regard that the market is principally intended for the

not to buy until ^^^1^^^ ^^ housekeepers, who buy for their own use and behoof, that
the afternoon, the retailers, hucksters and traders of the town shall not enter into the
market to make their provisions, and buy of any of the market people
thei'e, until the afternoon of every market-day (to the intent that the
housekeepers may provide themselves in the mornuig of every day at
the first hand, and pay moderate rates for their provisions), on pain that
every such retailer, huckster or trader, for every time offending herein,
shall be proceeded against as a regrater or ingrosser.
And be it further enacted by the authority aforesaid.
No sale to be in [Sect. 5.] That no person or persons bringing any sort of provis-
any other place iQ^g or other Commodities out of the country unto the town of Boston

but in the mar- „ ^ ^ -i n t . • c i • -\ i inn

ket. lor sale, from and alter the settmg up oi the said market, shall sell,

utter, or put to show or sale any of the same, in any private house,

warehouse, inn, ale-house, tavern, lane, alley, street, or other place or

places whatsoever, within the said town, or precincts or liberties thereof,

but in the market place, and in market time only, according as is before

appointed, on pain that every [such'] person so carrying or offering to

put to sale in any other wise any provisions or other commodities, shall

forfeit the same so offered to sale, or the value thereof, without any

No merchant, manner of favour: provided, always, that no clause or expression

ers**tcf be "e^-"^' herein contained shall extend, be intended, deemed or adjudged to

strained from restrain or abridge any merchant, factor or others from buying, purchas-

grai'n^r^dead i^^gi agreeing or contracting for any sort of grain, or dead provision

provisions, &c., whatsoever, with design and intent to transport the same beyond the

seas ; nor unto butchers selhng their victuals in open shoj) or shops ; nor

shall intend to hinder any person or persons that do import any grain

or provisions, and other commodities, in sloops or other vessels, from

any towns within this province, neighbouring colonies or other places,

to sell the same upon their arrival in Boston, without carrying the same

—fish, pigeons, into the market ; nor unto the selling of fish, hay, wood, timber, lumber,

beans.^^^^' pidgeons, milk, cyder, pease or beans in the shell, fruits and herbs, as

has been accustomed.

And it is further provided, that no tax or toll be paid for any goods
or commodities brought into the market, nor for the use of stands or
other places for the disposing of said commodoties ; and that what pro-
visions or commodities are left unsold in the market, the owner or
owners thereof shall have free liberty to sell and dispose thereof at any
other time.

Be it further enacted,
Two fairs. [Sect. 6.] That there be two fairs held in the town of Boston

annually, in the place or ]3laces to be appointed by the major part of
the justices and selectmen of said town ; that is to say, one on the last
Tuesday in May, and the other on the last Tuesday in October, each
fiir to continue four days.

And it is liJcetoise enacted by the authority aforesaid,
Warehouses [Sect. 7.] That cvery warehouse or shop in the town of Boston

mal'ket'overt.''^ aforesaid shall be market-overt for such goods, wares and commodities
as are usually bought and sold therein, and the property of all such
goods, wares and commodities by their being bought and sold or dis-
posed of in such warehouse or shop, shall be legally vested in the
purchaser, any thing herein contained to the contrary notwithstanding.

[1st Sess.] Province Laws. — 1696. 239

Atid be it further enacted,

[Sect. 8.] That for the better order and quiet of the market people, clerks of the
there shall be one or more clerks of the market nominated and bl'^a''*^*''^* ^^ *°
appointed by the selectmen of said town, which said clerk or clerks of
the market are hereby impowred to supervise the said market, and to
take effectual care to prevent all frauds, abuses and disorders that may
arise therein, and shall frequently attend and be in the said market
during market time.

And it is further enacted,

[Sect. 9.] That the person or persons appointed in manner and Clerks of the
form as is herein before prescribed to be clerk or clei'ks of the market, ™|iers* of ^^
shall from time to time be sealer or sealers of weights and measures weights, &c.
for the town of Boston, any former law, usage or custome to the con-
trary in any wise notwithstanding.

And be it further ordained and enacted by the authority of this pres-
ent General Assembly,

[Sect. 10.] That every forestaller, regrater or ingrosser for every penaityfor fore-
conviction of any offence in that kind, shall forfeit and pay the sum of stalling, &c.
twenty shillings ; and that all pains, forfeitures, penalties, sum and
sums of money to be forfeited by virtue of this act, shall be imployed,
inure and accrue, one moiety thereof to the use of the poor of said town
of Boston, and the other moiety to him or them that shall inform and
sue for the same by action of debt, bill, plaint or information before two
or more justices of the j^eace within said town.

And for the further encouragement and better governing of the said
market, —

It is enacted and ordained by the authority aforesaid,

[Sect. 11.] That it shall and may be lawful to and for any two or Justices'power,
more of the justices of the peace within the town of Boston to have,
hold, use and exercise the powers, authorities and jurisdictions of a
court ; and to make out process for to hear and determin[e] all matters,
controversies, quarrels and things arising in the said market, and
offences against the rules thereof, and therein to proceed summarily and
give judgment immediately, without being obliged to follow the strict
rules of ordinary process ; any law, ordinance, custome or usage to the
contrary notwithstanding : provided, nevertheless, that neither this act
nor anything therein contained shall be and continue in force any
longer than one year from the first opening of the said market. \_Passed
June 15 ; published June 17.

CHAPTER 3.

AN ACT FOR GRANTING UNTO HIS MAJESTY A TAX UPON POLLS AND

ESTATE.

We, his majestie's loyal and dutiful subjects, the representatives of
this his majestie's province of the Massachusetts Bay in New England,
convened in general assembly, — for and towards the repair of his majes-
tie's castle upon Castle Island, near Boston, and support of the garrison
there ; for the subsistence and jjaying of wages to seamen and souldiers
that are or shall be imployed in his majestie's service for the defence of
this his province and a vigorous prosecution of the war against his
majestie's enemies ; for the payment of such salaries, grants and allow-
ances as have been or shall be made by the general coui't or assembly,
and all such allowances and payments as are already directed by any
act of this province to be made out of the publick treasury ; for the dis-
charging the arrears of debts due from each of the late colonies of the

240 Protince Laws.— 1696. [Chap. 3.]

Massachusetts and Plyniouth, and the pnWick debts now due from this
province, or that shall be contracted on the publick accompt within the
same ; for the support of the government, and answering of the incident
and contingent charges thereof; and for no other ends or intents what-
soever; do unanimously grant unto his most excellent majesty a tax of
six thousand three hundred forty-four pounds 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 hy the Lieutenant- Govemour, Council and Repre-
sentatives in General Court assembled, and by the authority of the same,

[Sect. 1.] That the treasurer do forthwith send out his warrants
directed unto the selectmen, trustees or assessors of each respective
town or precinct within this pro^dnce, requiring them fortlnvith to
assess the sums herein set and projDortioned unto such town or j>recinct
upon all rateable male polls above the age of sixteen years (excej^t
elders of churches, settled ministers, the president, fellows and students
of Harvard Colledge, grammar schoolmasters and such who through
age, infirmity or extream poverty in the judgement of the assessors are
rendred uncapable to contribute towards publick charges), and upon all
estates both real and personal lying within the limits and bounds of
such town or precinct, and next unto the same (not pajdng elsewhere),
in whose hands or possession soever the same shall be found, in just
and equal proportion, as near as may be, according to their best judge-
ment and discretion, making no difference as to the sum set upon polls,
— all Indian, melatto and negro servants to be estimated as other personal
estate ; and to make two distinct lists of the assessment of said sum
upon the polls and estates within such town or precinct, each list con-
taining one just half of the said town's or precinct's i^rojiortion to this
tax, therein setting forth what each particular person is to pay towards
the same against his or her name resiDCctively ; and the lists so per-
fected and signed by the said assessors or the major part of them, to
commit to the collector, constable or constables of such towns or pre-
cincts, as also to return a certificate of the name or names of such col-
lector, constable or constables, together with the sum total of the list
or lists to each of them respectively committed, unto the treasurer, at
or before the fifteenth day of August next coming. And the treasurer
upon receipt of such certificate is hereby impowred and ordered to
issue forth his warrant or warrants to the said collector, constable or
constables, requiring him or them respectively to collect the sum total
of one of the said lists and to pay the same into the treasury, and issue
the accomjits thereof with himself or his successor in said office, at or
before the first day of October next ensuing ; also to collect the sum
total of the other of said lists and pay the same in and issue the
accompts thereof as aforesaid, at or before the first day of January next
following. And the treasurer is hereby also directed to send his afore-
said warrants inclosed to the sheriff or marshal of each respective
county, who is hereby required immediately to disperse and transmit
the same unto the selectmen, trustees, assessors, constables or collectors
of the several towns and precincts, according to the directions thereof;
and for his said service, charge and exi^enses therein, shall have a rea-
sonable allowance ordered him by the court of quarter sessions in such
county, out of the county treasury, ujion his laying the accompt thereof
before them.

A7id be it further enacted by the authorities aforesaid,

[Sect. 2.] That each town and precinct within this province shall
be assessed and pay as its proportion to this present tax the sums here-
after following ; that is to say, —

[1st Sess.]

Province Laws. — 1696.

241

IN THE COUNTY OF SUFFOLK

Boston, twelve hundred pounds, .
Dorchester, one hundred forty-six pounds
Roxbury, one hundred and ten pounds,
Milton, sixty pounds,
Brantrey, one hundred pounds,
Weymouth, seventy-six pounds, .
Hingham, one hundred and four pounds.
Dedhara, eighty pounds,
Medfield, fifty-two pounds,
Wrentham, twenty pounds,
Mendon, sixteen pounds,
Hull, twenty-six pounds,

£1,200 Os.Od.

146 0 0

110 0 0

60 0 0

100 0 0

76 0 0

104 0 0

80 0 0

52 0 0

20 0 0

16 0 0

26 0 0

IN THE COUNTY OF ESSEX.

Salem, two hundi-ed and seventy pounds,

Ipswich, two hundred and ninety pounds,

Newbury, two hundred and twenty pounds,

Salisbury, forty pounds,

Topsfield, fifty-two pounds, .

Amsbury, eighteen pounds, .

Haverhill, fifty-six pounds,

Andover, seventy-six pounds,

Bradford, twenty-four pounds,

Boxford, thirty pounds,

Marblehead, one hundred and sixteen pounds,

Lynn, one hundred and twelve pounds,

Wenham, fifty-six pounds,

Beverly, eighty pounds,

Glocester, lifty-two pounds,

Manchester, twelve pounds,

Rowley, sixty-eight pounds,

270 0 0

290 0 0

220 0 0

40 0 0

62 0 0

18 0 0

56 0 0

76 0 0

24 0 0

30 0 0

116 0 0

112 0 0

56 0 0

80 0 0

52 0 0

12 0 0

68 0 0

IN THE COUNTY OF MIDDLESEX

Charlestown, two hundred pounds,

Cambridge, one hundred twenty-six pounds,

Watertown, one hundred eighty-eight pound

Newtown, sixty-eight pounds,

Sudbury, eighty pounds,

Marlborough, fifty-four pounds,

Medford, twenty pounds,

Maiden, sixty pounds, .

Wooburn, ninety-six pounds, .

Reading, sixty-six pounds,

Billerica, thirty-four pounds, .

Chelmsford, forty-eight pounds,

Concord, one hundred and eight pounds.

Stow, twelve pounds, .

Groton, twenty pounds,

Lancaster, sixteen pounds,

Sherbourn, thirty pounds,

200 0 0

126 0 0

188 0 0

68 0 0

80 0 0

54 0 0

20 0 0

60 0 0

96 0 0

66 0 0

34 0 0

48 0 0

108 0 0

12 0 0

20 0 0

16 0 0

30 0 0

IN THE COUNTY OF HAMPSHIEE.

Springfield, eighty pounds, 80 0 0

Northampton, seventy-six pounds, . . . . 76 0 0

Hadley, forty-eight j^oimds, 48 0 0

Hatfield, forty-two pounds, 42 0 0

242

Province Laws. — 1696.

[Chap. 3.]

Southfield, sixteen pounds, .
Westfield, twenty-six pounds,
Enfield, four pounds,

IlSr THE COUNTY OF PLYMOUTH.

Plimouth, seventy-four pounds,
Situate, one hundred and six pounds,
Marslifield, sixty-six pounds, .
Duxbury, forty-six pounds,
Middleborough, twenty pounds,
Bridgewater, forty-eight pounds, .

IN THE COUNTY OF BAENSTABLE.

Barnstable, seventy-six pounds,
Yarmouth, fifty-six pounds, .
Eastham, fifty-eight pounds, .
Sandwich, sixty-four pounds .
Falmouth, fourteen pounds, .
Manamoit, fourteen pounds, .
Harwich, twenty-two pounds,
Rochester, twelve pounds,

IN THE COUNTY OF BEISTOL,

Bristol, forty-two pounds,
Taunton, eighty-four pounds,
Dartmouth, eighty pounds, .
Freetown, ten pounds, .
Rehoboth, seventy-four pounds,
Attleborough, ten pounds,
Swansey, fifty-eight pounds, .
Little Compton, forty-two pounds,
Tiverton, sixteen pounds,

IN THE COUNTY OF YOEK.

York, eight pounds,

Wells, eight pounds,

Kittery, sixteen pounds, ....

IN DUKES COUNTY.

Edgartown, thirty pounds,
Tisbury, twenty pounds,
Chihnark, twenty pounds,

Nantucket, seventy pounds,

£16

.Od.

•

. 106

LE.

. ,

•

. 16

•

And be it further enacted hy the authority aforesaid^
[Sect. 3.] That it shall and may be lawful to and for the selectmen
or trustees of any of the towns or i^recincts aforementioned, and they
have hereby full power and authority to cause the freeholders and
other inhabitants of their resj^ective towns or precincts, qualified by
law to vote in town afiairs, to assemble at such time and place as they
shall appoint, and to elect and depute seven, five or three persons being
freeholders within such town or precinct, to be assessors for the pro-
portioning and assessing the sum before set on such town or precinct,
upon the male polls and estate within the same; and all and every
such person so chosen for assessors, and accepting thereof, shall take the
oath following ; that is to say, —

[IstSess.] Province Laws. — 1696. 243

You, A. B., being chosen an assessor for the town of C, for this present tax, do Oath,
swear tliat in the discharge of said trust, you will deal impartially and equally
therein in proportioning the sum to be assessed upon the said town, after the best
of your discretion and judgement. So help you God, &c.

Which oath the town clerk of each town or precinct, where there
is no justice of the peace, is hereby imiiowrecl to administer. And
if the selectmen or trustees of any town or precinct shall neglect or
refuse to cause assessors to be chosen as aforesaid, or if such assessors
so chosen shall neglect or refuse to accept of the said trust, the present
selectmen or trustees of such town or precinct shall be and hereby
are declared the assessors of the same, and shall severally take oath
before-mentioned. And every assessor attending the service aforesaid,
shall be paid by the town treasurer, or out of the town stock, two
shillings per diem for each day he attends said service.

And he it further enacted^

[Sect. 4.] That if the assessors of any town or precinct shall
neglect or refuse to perform the service required of them by this act,
they shall pay the sum set and proportioned upon such town or precinct
in and by this act, to be levied by distress and sale of the estates real
or personal of such defective assessors, by a warrant from the treasurer
directed to the sheriff or marshal of the county in which such town or
precinct lies; 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 respec-
tively required, shall be liable and subject unto the like pains, penalties
and forfeitures, to be prosecuted and recovered of them in the same
way and manner as in and by any act or acts of the general assembly,
or any clause, branch or article thereof are set, declared and described.

And for the better enabling the treasurer to enforce the bringing in
the moneys herein granted or due from any town or precinct, or in the
hands of any sheriff, constable or collector, —

Be it enacted by the authority aforesaid,

[Sect. 5.] That the treasurer be and hereby is impowred to take,
use and exercise, as well all such rules, discretion, powers and authori-
ties as have heretofore been given him in and by any act or acts of the
general assembly, or in any clause, branch or article thereof, as in and
by this present act for the obtaining and drawing into the treasury the
money therein granted, as also the arrears of all foi-mer rates, as fully
and effectually as if the same directions, powers and authorities had
herein been again particularly recited and re-enacted; and notwith-
standing any limitation or restraint thereof in or to the particular act
or acts wherein the same are enumerated, set down and expressed.

And he it further enacted hy the authority aforesaid.,

[Sect. 6.] That the treasurer be and hereby is impowred to issue
forth and pay a certain number of the bills of credit of the late colony
of the Massachusetts, endorst in manner as is directed by the act
entitled " An Act for a jDresent supply of the treasury," to the sum of 1693-4, chap. 13.
four thousand pounds and no more, towards the uses for which this
present tax is granted ; wliich bills shall pass out of the treasury at the
value therein expressed, the treasurer to have credit in his accompts
after the rate of five pounds per cent more for such sum in said bills as ho
shall so issue forth as aforesaid, having been received into the treasury at
that value ; and the said bills shall be taken and accepted in all publick
payments, with the advance of twelvepence on the pound over and
above the sum therein expressed. And this present tax, together with
the impost and excise granted and continued by this court, to be a
fund for the repayment of all such sums in said bills as shall be in the
hands of particular persons in currant money of this province.

244 Peovince Laws.— 1696. [Chap. 3.]

And ichereas, the several towns and precincts hereafter mentioned,
are behind in arrears of fonner taxes granted by the general assembly,
as appears by an accompt thereof laid before this court by the treas-
urer, the several and respective smns following ; that is to say, —

Martha's Vineyard, in the tax for thirty thousand j^ounds, three hundred
and fifty pounds ; two hundred pounds whereof is remitted to them
by this court ; the remaining one hundred and fifty pounds to be
assessed upon the several towns and precincts on said island, in pro-
portion following; that is to say, Edger-town, sixty-five pounds
thereof; Chihnark, forty-two pounds ten shilUngs thereof; and Tis-
bury, forty-two pounds ten shillings thereof; — one hundred and fifty
pounds, . . . £150 Os. Od.

Nantucket, in the said tax for thirty thousand pounds,

two hundred pounds, 200 0 0

Tisbury, on Martha's Vineyard, in the additional tax
to the tax of twelvepence on the poll and one penny
on the pound for estates, twenty-three pounds
eleven shillings and threepence ; in the tax for the
payment of the province debts, sixteen pounds ; in
the tax upon polls and estates granted at May
sessions, one thousand six hundred ninety-five,
and additional tax granted in February following,
twenty-one pounds six shillings and eightjoence ;
— ^in all, sixty pounds seventeen shillings and eleven-
pence, 60 17 11

Chilmai'k, on Martha's Vineyard, in the tax for polls
and estates, granted in February, one thousand six
hundred ninety-four, five, ten pounds; and in the
tax upon polls and estates, granted at May sessions,
one thousand six hundred ninety-five, and addi-
tional tax granted in February following, twenty-
one pounds six shillings and eightpence; — in all,
thirty-one pounds six shillings and eightpence, . 316 8

Edger-town, on Martha's Vineyard, in the additional
grant in September, one thousand six hundred
ninety-four, to the tax of twelvepence on the poll,
and one penny on the pound for estates, twenty-
nine pounds nine shilhngs ; in the tax for payment
of the province debts, tAventy-three pounds ; in the
tax upon polls and estates, granted in March, one
thousand six hundred ninety-four, five, fifteen pounds
fourteen shillings and sixpence ; in the tax upon
polls and estates, granted at the sessions in May,
one thousand six hundred ninety-five, and the addi-
tional tax in February following, forty-one pounds ;
— making in all, one hundred and eight poimds
fifteen shillings and eightpence, . . . . 108 15 8

Dartmouth, in the old arrears, eleven pounds eight

shillings and tenpence, 11 8 10

Mendon, in the two last parts of the tax for thirty
thousand pounds, sixty-five pounds, Avhereof twenty
pounds is remitted to them by this court : the re-
mainder to be assessed is forty-five pounds, . . 45 0 0

Little Compton, in their proportion of fifty-eight
pounds, in the second part of the tax for thirty
thousand pounds, when Tiverton was annexed to
said town, thirty-nine pounds, . . . . 39 0 0

[1st Sess.] Province Laws. — 1696. 245

Tiverton, in their proportion of said sum, when annex-
ed as abovesaid, nineteen pounds, .... £19 05. Od.

Tiverton, in their proportion to the last part of the
tax for thirty thousand pounds, while they were
annexed to said Little Compton, thirty pounds
seven shillings and tAVopence, . . . . . 30 7 2

Kittery, in their proportion to the tax upon polls and
estates, granted in 3Iay, one thousand six hundred
ninety-five, twenty pounds, 20 0 0

JSe it therefore enacted by the authority aforesaid^
[Sect. 7.] That the treasurer do send forth his wan-ants to the
selectmen, trustees or assessors of each of the towns and precincts
before named, requiring them to assess the said several and respective
sum and suras which they are in arrear as aforesaid, in manner and
form as is directed for the tax herein granted, and to return a certificate
thereof unto himself in manner before described. And the treasurer is
also ordered, upon receipt of such certificate, to issue forth his warrants
for the collecting and paying in the same, in manner, and at times in
and by this act set, limited and directed for the tax therein granted.
And all persons failing of their duty, either in the assessing, collecting
or pa}ing in of the said arrears, or any other thing of them lawfully
required concerning the same, shall be liable to the same pains, penalties
and forfeitures, as such as neglect their duty in anything required of
them relating to this present tax. \^Passed June 17.

CHAPTER 4.

AIT ACT AGAINST PIRACY AND ROBBING UPON THE SEA.

Whereas divers great disorders, wicked practices and depradations
have been and are frequently committed, by several of his majesty's
subjects, in and upon the seas, to the great damage and prejudice of his
majesty's allies, and contrary to treaties of peace, and the good corres-
pondence which ought to be maintained amongst Christian kings,
princes and states is thereby lessened and imjiaired ; and xohereas^ also,
divers of his majesty's subjects have and do commit divers inhumane
and hostile acts and depradations upon the subjects and allies of divers
princes and states in forreign parts, in amity with his majesty, which by
reason of the remoteness of the place where the fact was committed
can very rarely be proved by witness indiflerent, and many times kill
and murder such persons, being in the ship or boat where such oflences
are perpetrated, which should bear witness against them in that behalf;
and whereas divers persons, to whom private commissions of war are
granted, do many times take, rob and spoil the ships, goods, merchan-
dize, and things belonging to the subjects of princes and states in amity
with the crown of England, and burn, sink or destroy such ships or
vessels wherein such goods, merchandizes and things were taken, that
the same may not be discovered and known, contrary to the intent and
meaning of the granting of such commissions, and the instructions
therewith given them ; Avhicli disorders, wicked practices and deprada-
tions ought to be detested and abhorred by all his majestie's subjects ;
and for prevention and reformation thereof^ —

Be it enacted by the Lieutenant- Governour^ Council and JRepresen-
tatives convened in General Assembly, and it is hereby enacted by the
authority of the same,

[Sect. 1.] That all treasons, felonies, robberies, murders and con- Treasons, fei-
federacies hereafter to be committed in or upon the sea, shall be &"!^^committed

246 Province Laws. — 1696. [Chap. 4.]

on the sea to be inquired, tryod, heard, determined and judged in sucli counties and

iieard and places as shall be limited by commission or conunissions from tlie gov-

counlieslandas ernour, lieutcnant-governour, or commander-in-chief for the time being

by'^commission. ^f this province, by and with the advice and consent of the council, to

be directed for the same in like manner and form as if such offence or

offences had been committed or done in or upon the land. And such

commissions shall be had under the seal of the province, directed to

three or more substantial persons from time to time, and as oft as need

shall require, to hear and determin such offences after the common

course of the laws of this province, used for treasons, felonies, robberies,

murders and confederacies done and committed upon the land Avithin

the same.

And be it enacted hy the authority aforesaid.
Such offences to [Sect. 2.] That such persons to whom such commission or commis-
be inquired of gj^j^g g]^^|i ^^q directed, or three of them at the least, shall have full

by the oath ot -, ■, • • c^ ^ n^ iiij?j.i

twelve men. power and authority to enquire oi sucli oiiences, by the oaths oi twelve
good and lawful inhabitants in the shire limited in their commission, in
such like manner and form as if such offences had been committed upon
the land and within the same shire ; and that every indictment found
and presented before such commissioners, of any treasons, felonies, rob-
beries, murders, manslaughters, or such other offences committed or
A like process done ill and upon the seas, shall be good and effectual in the law. And
u^e'dasforsuch ^^ ^'^^J person or persons happen to be indicted for any such offence
offences done hereafter to be done in and upon the seas, or in any other place above
upont e an . jjj^^j^^g^j^ ^\-^ry^ i\\Q\\ such order, process, judgment and execution shall be
used, had, done or made, to and against every such person and persons
so being indicted and found, as against traytors, felons and murtherers,
for treason, felony, robbery, murther, or such other offences done upon
the land, as by the laws of this province is or shall be accustomed.
And that the tryal of such offence or offences, if it be denied by the
offender or offenders, shall be had by twelve lawful men inhabiting in
the shire limited in such commission, Avliich shall be directed as is
aforesaid. And such as shall be convicted of any such offence or
offences by verdict, confession or process by authority of any such
commission, shall have and suffer such pains of death, losses of goods
and chattels, as if they had been attainted and convicted of any trea-
sons, felonies or robberies, or other the said offences done upon the land,
for and towards the support of the government within this his majestie's
Saving for per- province : provided, ahcays, that this act extend not to be prejudicial
b*''^ne*ce?s?r^^*^ ^^' li^^i't^l ^x) any person or persons, for taking any victual, cables, ropes,
that shaii take anchors or sails, which any person or persons (compelled by necessity),
tha*t"nfay^be takcth of or ill any ship which may conveniently spare the same, so as
conveniently the same person or persons pay out of hand for the same victual, cables,
sparec . ropes, anchors or sails, money or money-worth, to the value of the

thing so taken, or do deliver for the same a sufficient bill obligatory
payable in reasonable time, not exceeding twelve months, and that the
makers of such bills well and truly pay the same debt at the day to be
limited within the said bills.

And he it also further enacted by the axithority aforesaid.
Suspected per- [Sect. 3.] That if any suspected person or persons shall hereafter
sons to be brin<]r into this province anv forreic-n coines, gold, bullion, merchandize

seized and se-» -i "Sii-t i

cured, as also and otlicr treasure, supposed to be taken in and upon the seas, in man-
their treasure, j^^^. aforesaid, that then, and in every such case, the next justice or
justices of the peace, or other magistrate then present upon the place,
are hereby required and impowred upon his or their own knoAvledge or
information given to him or them thereof, to grant Avan-ants to the
sheriff or constable of the place to apprehend and seiz every such i^er-
soii or persons, his and their money, gold, bullion, merchandize and
treasure, and to bring the same before such justices or magistrates, to

[1st Sess.] Province Laws. — 1696. 247

be examined and proceeded against as tlie law directs; and in case
such susi^ected person or persons cannot j^roduce a certificate, or pro-
duce two evidences, where and how he came by such monies, gold,
bullion, merchandize or treasure, then such justices or magistrates may
commit such jjcrson or jDcrsons to goal, without bail or mainprize, until
he or they be discharged by law, and secure such monies, gold, bullion,
merchandize or treasure, to be disposed of as the law directs. And every officers to be
such sheriif or other officer, to whom such warrant or warrants shall be f^^^g'^^jj""^.^'"''
directed, shall require and take such a number of persons, with arms or ures.
otherwise, as he or they shall think meet, for the seizing and appre-
hending such person or persons, and caiTying him or them before
such justice or magistrate as aforesaid; and every person or persons penalty for
refusing or neglecting to be aiding and assisting to such officer or offi- neglect,
cers in the execution of such warrant or warrants, shall be proceeded
against as the law directs, and in such manner, and under such penal-
ties, as in other the like cases is accustomed and provided ; and every
such officer or officers offisnding or neglective in his office and execu-
tion thereof, shall be punished as the law also directs.

And it is hereby further enacted^

[Sect. 4.] That if any person or persons, to whom such private Private men-of-
commission or commissions is, are or shall be granted, do hereafter ^h'^+^th^^t^k
take, surprize and seize any ship, vessel, goods, merchandizes and into some of^
things of the subjects of any prince or state whatsoever, and do not ports^fcT/^acUu-
bring such ship, vessel, goods, merchandizes and things into some port cucationaccord-
or ports belonging to his majesty, pursuant to their commissions and stnictions?'^ '"'
instructions, there to receive legal condemnation, unless hindred by the
inevitable providence of God, whereof sufficient i:)roof shall be made,
or produce two at least of the company belonging to the ship or vessel
so taken, to manifest that the ship, vessel and goods so taken belonged,
at the time of the caption thereof^ to the subjects of the enemies of the
croAvn of England, shall be prosecuted as robbers and felons, \cmd'\ as
if no such commission or commissions had been gi-anted to them, and
under such pains and penalties as before in this act is mentioned,
inflicted and declared. {Passed and published June 17.

248 Peotoice Laws.— 1696. [Chap. 5.]

ACTS

Passed at the Session begun and held at Boston,
ON the Sixteenth day of September, A.D. 1696.

CHAPTER 5.

AN ACT FOR THE REVIVING AND ESTABLISHING OF JUDICATORIES AND
COURTS OF JUSTICE, AND THE FORMS OF WRITTS AND PROCESSES.

DisaUqwedby Wheeeas liis majestie's pleasure hath been signified for the
the privy coun- repealing and making void an act made and passed by the great and
24,' 1698. general court or assembly, anno one thousand six hundred ninety-

two, in the fourth year of the reign of his present majesty, and the
late Queen Mary, his royal consort of blessed memory, entituled " An
Act for the establishing of judicatories and courts of justice within
this province," also, for the repealing and making void one other act
passed at the same sitting of the general assembly, entituled "An
Act for the establishing of precedents and forms of writts and pro-
cesses ; " with the particular reasons of his majesty's disallowance of
said acts, for the information and direction of the general assembly,
and the amendments and considerations necessary for the supply
thereof; and ichereas, it is absolutely necessary that speedy provision
be made, that his majesty's subjects may not sufler for [the] want of
due course of justice, —

He it therefore enacted by the Lieutenant- Governoicr, Council and
Hepresentatives convened in General Assemhli/^ and by the authority
of the same,
1692-3 chap. 33. [Sect. 1.] That the before mentioned act, entituled "An Act for
the establishing of judicatories, and courts of justice within this
province," and all and singular the paragraphs, articles, clauses and
sentences thereof (except the paragraph for constituting a court of
chancery, and such other articles, clauses and sentences in the said act
as have been heretofore repealed, altered or otherwise provided for, in
and by any other act or acts of the general assembly of this province,
or which in and by this i^resent act shall be altered, otherwise provided
for, or declared to be null and void), be and hereby are revived and
continued, to abide and remain in full force and virtue until tlie end of
the first session of the general assembly, to be begun and held upon the
last Wednesday of the month of May next, in the year of our Lord,
one thousand six hundred ninety-seven, and no longer: j^rovided,
nevertheless, that the words (and no other) in the section or paragraph
of the said act providing for liberty of appeal unto his majesty in
council, be, and hereby are declared void and of none efiect.

Provided, also, that the courts of common pleas and general sessions
of the peace, appointed, in and by the said act, to be held for the
island of Martha's Vineyard, be there now held and kept for Dukes
County; the said island and adjacent islands being constituted a county
by the name of Dukes County, by a late act of the general assembly.

[2d Sess.] Province Laws.— 1696. 249

A?id lohereas, several courts to have been held and kept according to
the establishment in the said act, by reason of disallowance thereof
have been discontinued, —

£e it further enacted by the authority aforesaid^

[Sect. 2.] That all parties that had day, by any pleas, writs, bills,
actions, suits, plaints, process or other thing or things whatsoever, at any
court or courts to have been held and kept at the several dayes and
times according to the establishment by law, and that have been or
shall be discontinued by reason of the not holding any of the said
courts, shall respectively appear at such next court to be holden within
or for the same county, under the penalty of forfeiting any obligations
or recognizances conditioned for the appearance of the said parties at
the aforesaid courts, respectively, so discontinued, or vmder any other
penalty that might have incurred upon the said parties for not appear-
ing at any of the said courts, if the same had been holden and kept at
time or times as aforesaid.

Ami he it further enacted hy the authority aforesaid^

[Sect. 3.] That the act entituled "An Act for the establishing of ig92-3, chap. 36.
precedents and forms of writs and processes," and all and singular the
forms, articles, clauses, matters and things therein contained, with the
alterations and amendments heretofore made, and hereinafter men-
tioned, be and are hereby revived and continued, to abide and remain
in full force and virtue until the end of the first session of the general
assembly to be begun and held upon the last Wednesday of the mouth
of May next, in the said year of our Lord one thousand six hiindred
ninety-seven, and no longer : provided^ nevertheless^ that all writts and
process shall bear the style of the king and be issued in his name only.

Provided^ also^ Wxvit the words "forty pounds sterling "in the pre- Seei098,ch.4,
cepts to be issued by the sherifts or marshals, respectively, for electing "lote.posf.
of representatives to serve in general assembly, be, and hereby are
altered, and the words "fifty pounds sterhng" be inserted instead
thereof in the said precepts to be hereafter issued ; any former law,
usage or custom to the contrary notwithstanding. \_Passed and puh-
lished October 3.

" — Wc humbly represent to Your Excellencies that Whereas the Act entituled An Act of
Supplement and addition to several Acts therein mentioned, [1695-6, chap. 9] and the Act
entituled An Act for the reviving & establish^ of Judicatories and Courts of Justice and the
formes of Writts and Processes, do, the first of them add unto, and the other revive a former
Act entituled An Act for the establishing of Judicatories and Courts of Justice within this Prov-
ince, [1G92-3, ch. 33] which, with other Acts of Supplement thereunto, have already been
repealed, we are humbly of opinion that those be all repealed." — Eejiresentation of the Board
of Trade, Nov. 24, 1698, ut supra.

CHAPTER 6.

AN ACT FOR THE FURTHER CONTINUING OF AN ACT ENTITULED "AN
ACT TO PROHIBIT THE EXPORTATION OF GRAIN, &c.," AND TO PROHIBIT
THE MALTING OF BARLEY AND RYE.

Whekeas the present harvest, through the holy and righteous hand
of God has been much diminished and cut short, and will scarcely
supply the occasions of the province in the ensuing year, —

j5e it therefore enacted by the Jjieutenant-Governour, Council and
Hepi-esentatives in General Court assembled, and by the authority of
the same,

[Sect. 1.] That the act to prohibit the exportation of grain, bisket 1695-6, chap. 16.
and flower, made and passed at the session of the great and general
court or assembly in November, one thousand six hundred ninety-five,

250 Peoyince Laws.— 1696. [Chap. 7.]

in the seventh yeai* of his present majestie's reign, entituled " An Act
to prohibit exportation of grain, &c,," and all the branches, articles,
clauses, powers, penalties and proviso's therein contained, be and hei-eby
are revived and further continued to abide and remain in full force
during the continuance of this act.

A)id be it further enacted by the authority aforesaid,
[Sect. 2.] That from and after the publication hereof, no barley or
rye shall be malted, or wet in order to malting, Avithin this province,
on 2Dain of forfeiting the same ; two-thirds thereof unto the selectmen
or overseers of the poor in the town where it shall be seized, to the use
of the poor of such town ; and the other third to him or them that
shall seize, inform or sue for the same by bill, plaint or information in
any of his majesty's courts of record within the county where the same
shall be seized. And every justice of the peace, in the county where he
resides, upon complaint or information to him given of any malt made,
or barley or rye wet in order to malting, contrary to this act, is hereby
authorized to grant his warrant, directed unto the sheriff of the county
or constable of the town, to enter any house or houses in the day time
where the same shall be, and to cause seizure thereof to be made ; to be
proceeded against and disposed of as is before directed : provided,
nevertheless, that this act shall continue in force until the end of the
next sitting of the general assembly, and no longer. \Pa^sed and
published October 3.

CHAPTER 7.

AN ACT FOR A MORE SPEEDY SUPPLY OF THE TREASURY, UNTIL A TAX

CAN BE RAISED.

£e it enacted by the Lieutenant- Governour, Council and Represen-
tatives in General Court assembled, and by the authority of the same.

That the treasurer be and hereby is impowred to issue forth the sum
of two thousand pounds, in the endorst bills of publick credit, for the
answering of such j^ayments as shall be orderly demanded from the
1696, chap. 3. treasury, for the ends mentioned in the act for the tax granted by this
court at their session begun the twenty-seventh day of May last ; which
bills shall pass out of the treasury at the value therein expressed, the
treasurer to have credit in his accompt[s] after the rate of five pounds
per cent more for such sum in said bills as he shall so issue, having
been received into the treasury at that value ; and the said bills shall be
taken and accejoted in all publick joayments, with the advance of twelve-
pence on the pound over and above the sum therein exprest. And the
duties of impost, excise and tunnage of shipping are hereby granted as
a fund for the repayment of all such sums in said bills as shall be in
the hands of particular persons, in current money of this province.
\^^assed and published October 3.

[3d Sess.] Protince Laws.— 1696. 251

ACTS

Passed at the Session begun and held at Boston,
ON the Eighteenth day of November, A.D. 1696.

CHAPTER 8.

AN ACT FOR THE EQUAL DISTRIBUTION OF INSOLVENT ESTATES.

Be it enacted by the Lieutenant- Governou7\ Council and Represen-
tatives in General Court assembled, and it is enacted and ordained by
the authority of the same,

[Sect. 1.] That when the estate of any person deceased shall be Manner of dls-
msolvent or insufficient to pay all just debts which the deceased owed, 4''^"t*3"9
the same shall be set forth and distributed to and among all the cred-
itors in proportion to the sums to them respectively owing, so far as
the said estate will extend, saving that the debts diie to the crown, the
sickness and necessary funeral charges of the deceased are to be first
paid. And the executor or administrator appointed to any such insol-
vent estate, before payment to any be made (except as aforesaid), shall
represent the condition and circumstances thereof unto the judge for
probate of wills and granting of administrations; and the said judge Appraisers to
shall nominate and appoint two or more fit and indiffisrent persons to ^^ sworn,
make a true and equal apprizement of such estate, and administer an
oath unto them for that purpose ; and shall also nominate and appoint
two or more fit persons to be commissioners, with full powder to receive
and examine all claims of the several creditors, and how they are made
out. And such commissioners shall cause the times and place[s] of their commissioners
meeting to attend the creditors, for the receiving and examining of *^ receive the
their claims, to be made known and published by posting up the same
m some publick places in the shire town of that county where such
deceased pei'son last dwelt, and of the two next adjoyning counties.
And six, twelve or eighteen months' time (as the circumstances of any
estate may require), shall be allowed by the judge unto the creditors
for bringing in their claims and proving their debts; at the end of
which limited time, such commissioners shall make their report, and
present a list of all the claims unto the said judge, who shall order
them meet recompcnce out of the estate, for their care and labour in
that aflair ; and, the debts due to the crown, sickness and necessary
funeral charges, as is herein before provided, being first subducted, shall
order the residue and remainder of the estate to be paid and distributed
to and among the other creditors that shall have made out their claims,
in due proportion to the sums unto them respectively owing, according
as the estate will bear, saving unto the widow (if any be), her right of
dower, according to law, in the houses and lands of the deceased, the
widoAv's dower, at the expiration of her term, to be also distributed
among the creditors in a like proportion : provided, that notwith- Debts may be
standinor the report of any such commissioners, or allowance thereof ^°"!^,^i';*^i„^*
made, it shall and may be lawiul to and lor the executor or admmis- is Mass. 28.

252

Pbovince Laws. — 1696.

[Chap. 9.]

Process sus-
pended whilst
the commission
is depending.
1 Mass. 504.

Creditors ex-
chided that
bring not in
their claims.

Persons sus-
pected of con-
cealment or
imbezzlements
to be sworn.

Penalty for
refusing.

Appeal.

trator to contest the proof of any debt at the common law. And no
process in law (except for debts due to the crown, sickness and funeral
charges), shall be allowed against the executors or administrator of any
insolvent estate, so long as the same shall be depending as aforesaid ;
and whatsoever creditor shall not make out his or her claim with such
commissioners before the full expiration of the hniited time, such per-
son shall be forever after debarred of his or her debt, unless he or she
can find some further estate of the deceased's, not before discovered
and 2)ut into the inventory.

And be it further enacted hy the authority aforesaid,
[Sect. 2.] That every judge for probate of wills and granting
administrations within the respective counties, be and hereby is fully
authorized and impowred to call before him, and to require and admin-
ister an oath, unto any person or persons probably suspected by any
executor or administrator to have concealed, imbezelled or conveyed
away any of the money, goods or chattels left by the testator or intes-
tate, for the discovery of the same. And in case any such suspected
person was betrusted by the person deceased, attended upon, or was
otherwise conversant with or near unto him in the time of sickness, or
left in possession of the estate, whereby to strengthen and make the
suspicion more violent, and shall refuse to clear and acquit him or her-
self upon oath, it shall and may be lawful for, and the judge is hereby
impowred to commit such person so refusing to swear unto the goal of
the county, there to remain until he or she shall comply to discharge
him- or herself upon oath, as aforesaid, or be released by consent of
the executor or administrator : saving unto any person agrieved at any
sentence, order or decree made by the judge of probate, liberty of an
appeal unto the governour and council, such appellant giving bond in a
reasonable sum, with sufficient security, to prosecute his appeal with
ejffect, and to abide and perform the determination that shall be made
thereupon. [Passed November 26 ; published December 4.

CHAPTER 9.

AN ACT FOR THE DUE ASSIZE OF BREAD.

£e it enacted by the LieuUnant-Governour, Council and Hepresen-
tatives in General Court assembled, and by the authority of the sa^ne,

[Sect. 1.] That henceforth every loaf-bread baker shall have a dis-
tinct mark for his bread, and keep the due assizes hereafter expressed
as well for what he bakes for sale, as to be spent in his family ; that is
to say, the assize of bread shall be rated according to the middle price
of wheat, not to be altered but upon the increasing or decreasing of
sixpence in the sale of a bushel ; the penny loaf to weigh by avoirdu-
poiz weight as is hereafter mentioned, according to the different prices
of wheat by the bushel ; viz., —

[3d Sess.]

Province Laws. — 1696.

253

■Weight of

Weight of

Price of Wheat.

Penny White Loaf.

Penny Wheaten.

Penny Household.

Shillings. Pence.

Ounces. Drams.

At 3 0

11 4

17 2

23 0

3 6

10 2

15 3

20 4

4 0

9 2

13 7

18 4

4 6

8 3

12 5

IG 6

5 a

7 5

11 4

15 3

5 6

7 1

10 5

14 2

6 0

6 4

9 7

13 1

6 6

6 0

9 0

12 0

7 0

5 6

8 5

11 4

7 6

5 2

8 1

10 4

8 0

5 0

7 4

10 0

8 6

4 6

7 1

9 4

9 0

4 4

6 6

9 0

And so proportionably, under the penalty of forfeiting all siicli bread
as shall not be of the several assizes aforementioned, to the nse of the
poor of the town where the same shall be seized, and otherwise as is
hereafter expressed.

And for the better discovery and more effectual preventing of fraud
and deceit in the assize of bread, —

£e it enacted by the authority aforesaid^

[Sect. 2.] That the clerks of the market in each town within this Clerks of the
province, or any one of them, shall and are hereby impowred and ^mi'duty.^"^*^'"
required once every week or oftner as they shall see cause, to enter
into any shop or place where bread is usually sold or baked for sale and
to weigh the same ; and all such bread which they shall find under the
due assize according to the proportion before-mentioned, or not being
marked, to make seizure of and deliver two third parts thereof unto
the selectmen or overseers of the poor in such town for the use of the
poor within the same, the officer to have the other third for his pains ;
and the constable or constables of such town are hereby ordered to be
aiding and assisting unto such clerk or clerks of the market for the due
execution of their office when he or they shall be thereunto required.

And be it further enacted,

[Sect. 3.] That the selectmen in each town where bread is baked selectmen to
for sale, shall once a month, or oftner as they shall see cause, inquire, ^f^wheat ^"^
state and record the middle price of wheat, and cause the same to be
made known by posting it up in some publick place or places in such
town, and the bakers shall accordingly regulate the weight of their bread
after the assizes hereinbefore mentioned.

And be it further enacted by the authority aforesaid,

[Sect. 4.] That all bisket sold by tale shall be alike marked and Biscuit sold by
made of the same assize with the penny loaf, on pain of forfeiture as ^^lirked and of
aforesaid ; and the clerks of the market are hereby required and due assize.
impowred to weigh all such bisket and to make seizure of all that shall
be unmarked or under weight, to be imj^loyed and disposed of as afore-
said; and all bisket sold by weight shall be dried fit for the sea.
\_Passed December 3 ; published December 19.

254 Province Laws.— 1696. [Chap. 10.]

CHAPTER 10.

AN ACT FOR MAKING OF LANDS AND TENEMENTS LIABLE TO THE PAY-
MENT OF DEBTS.

Whereas the estates of persons within this province do chiefly con-
sist of houses and lands, which give them credit, some being remiss in
paying of their just debts and others hapning to dye before they have
discharged the same, —

Be it therefore enacted and ordained by the Lieutenant- Governour^

Council and Bej^resentatives in General Court assembled., and by the

authority of the satne,

Lands and ten- [Sect. 1.] That all lands or tenements belonging to any person in

toexecuti'on^ ^^^^ ^^^'^ proper right in fee shall stand charged with the payment of all

1 Mass. 47, ' just debts owing by such person as well as his personal estate, and shall

4 Mass. 657. he liable to be taken in execution for satisfaction of the same ; where

15 Mass 28. t]ie debtor or his attorney shall not expose to view and tender to the

ofiicer personal estate sufficient to answer the sum mentioned in the

execution, with the charges.

Execution duly [Sect. 2.] And all executions ducly served iipon any such houses

served and re- r^^^ lands, bciug returned into the clerk's office of the court out of

corded to make ■,.•,, ^ • -, ti ititi i -, • ■,

agood title. wlucli the sauic issucd and there recorded, shall make a good title to

15 Mass. 201. ^i^g party for whom they shall be so taken, his heirs and assigns for-

Justices of the ever. Also where the goods and chattels belonging to the estate of any

superior court person deceased shall not be sufficient to ansAver the just debts which

licenseYhe sale the deceased owed, or legacies given, upon representation thereof and

7 Mass^^^sH^'" making the same to appear unto the superiour court of judicature holden

for or within the county where such deceased jierson last dwelt, the

said court are hereby impowred to licence and authorize tlie executor

or administrator of such estate to make sale of all or any part of the

houses and lands of the deceased so far as shall be necessary to satisfy

the just debts wdiich the deceased owed at the time of his death, and

legacies bequeathed in and by the last will and testament of the

deceased ; and every executor or administrator being so licensed and

authorized as aforesaid, shall and may by virtue of such authority make,

sign and execute in due form of law deeds and conveyances for such

houses and lands as they shall so sell, which instruments shall make a

Debts to the good title to the purchaser, his heirs and assigns forever : provided, nev-

flrstTaid* ^^ erthelcss, that any debt ot debts due to the crown from any such estate

shall be first secitred and paid out of the same.

And be it further enacted by the authority aforesaid.
Fraudulent [Sect. 3.] That when any person or persons shall make sale or

deeds to be other alienation of any lands or tenements to hun of right belonging,
with intent to defeat and defraud his creditors of their just debts, not
bona fide for good and valuable consideration truly paid, all such sales
and alienations are to be deemed covenous and fraudulent, and shall be
of none effect to bar any creditor from such debt as is to him owing.
\I'assed December 16; published December 19.

[3d Sess.] Province Laws.— 1696. 255

CHAPTER 11.

AN ACT TO PREVENT THE DESTROYING AND MURTHERING OF BASTARD

CHILDREN.

Whereas, many lewd women that have been delivered of bastard
children, to avoid their shame and to escape punishment, do secretly
bury or conceal the death of their children, and after, if the child be
found dead, the said women do alledge that the said child was born
dead, whereas it falleth out sometimes (though hardly it is to be
proved), that the said child or children were nmrthered by the said
women their IcAvd mothers, or by their assent or procurement, —

J3e it therefore enacted by the Lieutenant- Governour^ Council and
Representatives convened in General Assembly, and by the authority
of the same.

That if any woman be delivered of any issue of her body, male or c Gray, 12.
female, which if it were born alive should by law be a bastard, and that
she endeavour jjrivately, either by drowning or secret burying thereof,
or any other way, either by herself or the procuring of others so to con-
ceal the death thereof that it may not come to light, whether it were
born aUve or not, but be concealed, in every such case the mother so
oflending shall suffer death as in case of murder ; except such mother
can make proof by one witness at the least that the child whose death
was by her so intended to be concealed was born dead. [Passed
Decetnber 2 ; published December 4.

CHAPTER 12.

AN ACT AGAINST HIGH TREASON.

jBe it enacted by the Lieutenant- Governour, Council and Mepresen-
tatives in General Court assembled, and by the authority of the same,

[Sect. 1.] That if any person or persons shall compass or imagine compassing or
the death of our soveraign lord the king, or of our lady his queen, or jj^^lj^^f^tu*®
of the heir apparent to the crown ; or if any jierson shall levy war king, &c.
against our lord the king, or be adherent to the king's enemies, giving Levying war
them aid and comfort in the realm or elsewhere, and thereof be prob- kfug?^* ^"^^^
ably attainted of open deed, by his peers, upon the testimony of two
lawful and credible witnesses, ujDon oath, brought before the offender
face to face, at the time of his arraignment, or voluntary confession of
the party arraigned ; or if any person or persons shall counterfeit the Counterfeiting
king's great \_seal^ or privy seal, or the seal of this province, and geai'^&f.'* ^^^^^
thereof be duly convicted as aforesaid, then every such person and
persons so as aforesaid offending, shall be deemed, declared and
adjudged to be traitors, and shall suffer pains of death, and also loose
and forfeit, as in cases of high treason.

And be it further enacted by the authority aforesaid^

[Sect. 2.] That the tryal of all and every person and persons what- Trials to bo rcg-
soever, accused, indicted and prosecuted for high treason and misprision "^t^'io the°iaw
of such treason, shall be regulated according to the act of parliament of" England in
made in the seventh year of his present majestie's reign, entituled sonr&c. ^"^"^"^
"An Act for regulating of tryals in cases of treason and misprision of '' ^^'- nr.,ch. 3.
treason," and the party so accused, indicted and prosecuted to be
allowed the benefits and priviledges in and by the said act granted and
declared. {Passed December 8 ; published December 19.

256 Province Laws.— 1696. [Chaps. 13,14.]

CHAPTER 13.

AN ACT IN ADDITION TO THE ACT FOR PREVENTING OF COMMON NU-
SANCES, ARISING BY SLAUGHTER-HOUSES, STILL-HOUSES, &c.

1692-3, chap. 23. FoR the better preventing of desolation by fire, that may happen by
drawing of spirits or melting down of tallow, —

JBe it enacted hy the Lieutenant- Governour, Council and Representa-
tives in General Court assonhled, and by the authority of the same..
Court of quar- That if any distiller or tallow chandler shall presume to set up any
empowered%o Still or stills for the drawing of spirits, coj^per or furnace for the melting
cause stills for of tallow, or make use of any still, copper or furnace for either of the
spMtsl^or' fur- Said cuds, in any house or place other than such as are or from time to
paces for melt- ^^^q ^i^^\\ j^q assio;ned for that purpose, by the selectmen of the town

mg 01 tallow, ., o. . r- .^ i iil-j_ij?j.l

set up without With two or more justices oi the peace, contrary to the intent oi the
takeu down.'^ said act, every person and persons so offending, and being thereof duly
convicted before his majestie's justices in the court of general sessions
of the peace within the same county, shall not only incur the penalty
or fine in the said act mentioned, but shall also enter into recognizance
to take down such stills, coppers or furnace ; and in default of entring
into recognizance as aforesaid, to be committed to prison until he do
cause the same to be taken down ; or else such stills, coppers or fur-
naces shall be taken down by order of the said court, and the charge
thereof to be levied by distress and sale of such offender's goods,
returning the overplus, if any be. [Passed December 10 ; published
December 19.

CHAPTER 14.

AN ACT IN ADDITION TO THE ACT FOR REGULATING FERRIES.

i69i-5, chap. 16, Wheeeas there is a constant recourse of travellers and others for
passage over the ferries betwixt Boston and Charlestown, and betwixt
Boston and Winisimet ; therefore, for prevention of the great inconven-
ience and damage that doth or may happen to persons by being hin-
dred and delayed at the said ferries for want of speedy transportation
over the same, —

De it enacted by the Lieutenant- Govemour, Council and Represen-
tatives in General Court assembled^ and by the authority of the same,
stated hours [Sect. 1.] That the person or persons that are, or from time to time
boat*spas^lnJat shall be imploycd for keeping Winisimet Ferry, shall constantly main-
winnis'immet taiii a good boat or boats in good repair, suitable for the said feny, on
^^"^* each side of the water, and that such boats, whether there be any pas-

sengers in the same or not, shall put off from their respective shoares
to go to the other side, upon each day in the week (the Lord's Day
excepted), at the hours of five, seven, nine and eleven a clock before
noon, and at one, three, five and seven of the clock after noon.
Penalty for throughout the wholc year, so as it be within daylight, on pain _ that
ferryman's every such ferryman or ferrymen, being complained of and convicted
^^^^'^ ' before any one or more of his majesty's justices of the peace of neglect

of his duty in not crossing the said ferry at the several times and hours
before-mentioned, shall forfeit and pay the sum of twenty shillings, one-
half to the informer or complainant, and the other half to the use of
the poor of the town of Boston. And such justice or justices may
• restrain the offender or offenders until he or thev shall pay the said sum.

[3d Sess.] Province Laws.— 1696. 257

And he it further enacted^

[Sect. 2.] That all posts and expresses for his majesty's service, Posts, &c,, be
and other persons having extraordinary business, as in cases concerning p^^ed.^ *'^^"^"
life and death, shall be speedily transported over the said ferry at any
time or season, without delay, on the i>enalty aforesaid, anything herein
before contained to the contrary notwithstanding : provided, neverthe- Saving for
less, that such ferryman or ferrymen shall not be obliged to put off from stormy seasons.
their respective shoares, and pass the said ferry at any of the times or
hours before stated, if it manifestly appear to be hazardous for them so
to do by reason of any storm or tempest, or that in the winter the ice
do hinder the passing of any boat across the said ferry.

And he it further enacted hy the authority aforesaid,

[Sect. 3.] That when and so often as it shall happen that the boats AtChariestown
imployed for the ferry betwixt Boston and Charlestown shall be on the not to*Ueont1ie
same shore, upon the landing of the second boat the first shall forthwith same shore,
put off and pass over to the other side, passengers or no passengers, on
the Hke penalty hereinbefore expressed, and to be disposed of as afore-
said, to the use of the poor of Boston or Charlestown respectively.
{Passed Decemher 17 ; published Decemher 19.

CHAPTER 15.

AN ACT* TO SUPPLY THE DEFECT IN THE LAW REFERRING TO THE
CHOICE AND POWER OF TYTHINGMEN, ENACTED AT THE SESSION OF
THE GENERAL COURT IN FEBRUARY, ANNO 1693.

Wheeeas it is provided in and by the said act, that if any person Preamble,
chosen to the office of tythingman shall refuse to take his oath, or
serve therein, he shall forfeit and pay the sum of forty shillings, the
said forfeiture to be levied by distress and sale of such person's goods ;
but no provision is made how to come at the said forfeiture, if no goods
of such persons can be found to distrain for the same, —

Be it therefore enacted and declared hy the Lieutenant- Governour,
Council and Representatives in General Court assembled, and by the
authority of the saine,

That in every such case, where no goods can be found whereon to Persons chosen
make distress, it shall and may be lawful to and for the officer to seise tytMngm^^to*^
the body of the offender, and him commit unto the prison, to be there be committed
kept until he shall answer and pay the said fine or forfeiture, with the Tan^befould'to
charges of levying the same ; and the wan-ant directed to the officer satisfy the fine..
for levying thereof shall contain in it such a command, any law or
usage to the contrary notwithstanding. [Passed and published
December 19.

CHAPTER 16.

AN ACT FOR GRANTING UNTO HIS MAJESTY A TAX UPON POLLS AND

ESTATES.

We, his majesty's loyal and dutifiil subjects, the representatives of
this his majesty's province of the Massachusetts Bay in New England,
convened in general assembly, for and towards the repair of his majes-

* " Which was disallowed, and not printed in the last editions."— ^o<e to theprinted act. And
see 1093-4, chap. 20, § 11, ante.

258 Province Laws.— 1696. [Chap. 16.J

tie's castle upon Castle Island near Boston ; for the making and erect-
ing such further addition as may be necessary in batteries and vaults
for defence and security of the same, and support of the garrison there ;
for the subsistence and paying of wages to seamen and souldiers, and
payment for vessels' hire, that have been, are, or shall be unployed in
his majesty's service for the defence of this his province and the vigor-
ous prosecution of the Avar against his majesty's enemies ; for the pro-
curing of ammunition and other stores of war ; for the payment of such
salaries, grants and allowances as have been or shall be made by the
general court or assembly, and all such allowances and payments as are
or shall be 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 or
intents whatsoever ; do unanimously grant unto his most excellent
majesty a tax of nine thousand six hundred and nineteen pounds ten
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- Governoiir, Council and Repre-
sentatives in General Court assembled, and by the authority of the saine,

[Sect. 1.] That the treasurer do seasonably send out his Avarrants
directed unto the selectmen, trustees or assessors of each respective
town or precinct within this province, reqixiring them to assess the
sums herein set and proportioned unto such town or precinct, upon all
rateable male polls above the age of sixteen years (except elders of
churches, settled ministers, the president, fellows and students of Har-
vard Colledge, grammar schoolmasters, and such who through age,
infinnity or extream poverty in the judgment of the assessors, select-
men or trustees are rendered incapable to contribute towards pubUck
charges), and upon all estates both real and personal, lying within the
limits and bounds of such town or precinct[s] and next unto the same
(not paying elsewhere), in whose hands or possession soever the same
shall be found, in just and equal pi-oportion, as near as may be, according
to their best judgment and discretion, making no difference as to the
sum set upon jdoIIs ; all Indian, molatto and negro servants to be esti-
mated as other personal estate ; and to make two distinct lists of the
assessment of said sum upon the polls and estates within such town or
precinct, each list containing one just half of the said town's or pre-
cinct's proportion to this tax, therein setting forth what each particular
person is to jDay towards the same against his or her name respectively ;
and the lists so perfected and signed by the said assessors, selectmen or
trustees, or the major part of them, to commit to the collector, constable
or constables of such town or precinct, as also to return a certificate of
the name or names of such collector, constable or constables, together
with the sum total of the Ust or lists to each of them respectively com-
mitted unto the treasurer some time before the tenth day of April next
ensuing. And the treasurer upon receipt of such certificate is hereby
impowred and ordered to issue forth his warrant or warrants to the
said collector, constable or constables, requiring him or them respec-
tively to collect the sum total of one of the said lists, and to pay the
same into the ti'easury and issue the accomjjts thereof, with himself or
his successors in said ofltice, at or before the last day of May next
ensuing ; also to collect the sum total of the other of [the'] said lists
and pay the same in, and issue the accompts thereof as aforesaid, at or
before the first day of August next following ; and the treasui-er is
hereby also directed to send liis aforesaid warrants inclosed to the
sheriff or marshal of each respective county, who is hereby required
immediately to disperse and transmit the same unto the selectmen,
trustees, assessors, constables or collectors of the several towns and pre-

[3d Sess.]

Province Laws. — 1696.

259

cincts, according to the directions thereof; and for his said service,
charge and expences therein, shall liaA'e a reasonable allowance ordered
him by the court of quarter sessions in such county, out of the county
treasury, upon his laying the accompt thereof before them.
And be it further enacted by the authority aforesaid,
[Sect. 2.] That each town and precinct within this province shall
be assessed and pay as its proportion to this present tax the sums here-
after following ; that is to say, —

IN THE COUNTY OF SUFFOLK.

Boston, [^one thousand'] eight[een] hundred and sixty
pounds, ......

Dorchester, one hundred ninety-five pounds,
Roxbury, one hundred fifty-nine pounds,
Milton, ninety-three pounds,
Brantrey, one hundred fifty-six pounds,
Weymouth, one hundred and five pounds,
Hingham, one hundred fifty-six pounds,
Dedham, one hundred and seventeen pounds.
Medfield, ninety pounds,
Wrentham, thirty pounds,
Mendon, eighteen pounds,
Hull, forty-eight j)ounds,

IN THE COUNTY OF MIDDLESEX,

Charlestown, three hundred pounds,
Cambridge, one hundred eighty-nine pounds,
Watertown, two hundred eighty-two pounds,
Newto[to]n, one hundred and five pounds, .
Sudbury, one hundred and twenty pounds, .
Marlboro [?^<//i], eighty-four pounds,
Medford, forty-two pounds, ....
Maiden, ninety pounds, ....

Woob[o]urn[e], one hundred forty-four pounds,
Reading, one hundred and two pounds,
Billerica, fifty-one pounds, ....
Chelmsford, seventy-two pounds, .
Concord, one hundi-ed and fifty pounds.
Stow, fifteen pounds, • . . . .
Grot on, thirty-three pounds, ....
Lancaster, twenty-seven pounds, .
Sherbourn[e], fifty-one pounds,

IN THE COUNTY OP ESSEX.

Salem, four hundred and twenty pounds,
Ipswich, four hundred and thirty-five pounds,
Newbury, three hundred and eighteen pounds,
Salisbury, seventy-two pounds,
Topsfield, seventy-eight pounds, .
Aimsbury, twenty-seven pounds, .
Haverhill, seventy-eight pounds, .
Andovcr, one hundred and fourteen pounds,
Bradford, thirty-six pounds, .
Boxford, fifty-four pounds,
Marbleliead, one hundred seventy-one jiounds,
Lynn, one hundred sixty-eight pounds,
Wenham, one hundred and eight pounds,
Beverly, one hundred and twenty pounds,
Glocester, seventy-eight pounds, .

£1,

860 05. Of?.

195 0 0

159 0 0

93 0 0

156 0 0

105 0 0

156 0 0

117 0 0

90 0 0

30 0 0

18 0 0

48 0 0

300 0 0

189 0 0

282 0 0

105 0 0

120 0 0

84 0 0

42 0 0

90 0 0

144 0 0

102 0 0

51 0 0

72 0 0

150 0 0

15 0 0

33 0 0

27 0 0

51 0 0

420 0 0

435 0 0

318 0 0

72 0 0

78 0 0

27 0 0

78 0 0

114 0 0

36 0 0

54 0 0

171 0 0

168 0 0

108 0 0

120 0 0

78 0 0

260

Province Laws. — 1696.

[Chap. 16.]

Manchester, eighteen pounds, ....
Rowley, one hundred and eight pounds,

IN THE COUNTY OF HAMPSHIRE

Springfield, one hundred and fourteen pounds,

Northampton, one hundred and tw
Hadley, seventy-eight pounds,
Hatfield, sixty-three pounds, .
Southfield, twenty-four pounds,
Westfield, thirty-nine pounds,
Enfield, six pounds,

0 pounds,

COUNTY OP YOEK.

IN THE

York, twelve pounds,

[ Wells,-]

Kittery, thirty-six pounds,

IN THE COUNTY OF PLYMOUTH

Plimouth, one hundred and eleven pounds,
Situate, one hundred sixty-two pounds,
Marshfield, eighty-seven jDounds, .
Duxb[ur?/][oro'], seventy-eight pounds,
Middleboro[?<^A], thirty pounds, .
Bridgwater, seventy-five pounds, .

£18 05. Od.
108 0 0

114 0 0

102 0 0

78 0 0

63 0 0

24 0 0

39 0 0

6 0 0

12 0 0
36 0 0

111 0 0

162 0 0

87 0 0

78 0 0

30 0 0

75 0 0

IN THE COUNTY OF BARNSTABLE.

Barnstable, one hundred twenty-six pounds,
Yarmouth, seventy-eight pounds, .
Eastham, eighty-four pounds,
Sandwich, ninety-six pounds,
Falmouth, twenty-one pounds,
Manomo[iY][y], twenty-one pounds,
Harwich, thirty-six pounds, .
Rochester, eighteen pounds, .

IN THE COUNTY OF BRISTOL

Bristol, sixty-six pounds,

Taunton, one hundred twenty-six pounds

Dartmouth, one hundred thirty-two j^ounds,

Freetown, fifteen pounds,

Rehoboth, one hundred and two pounds,

Attleboro[?<r77i], fifteen i^ounds,

Swansey, one hundred and five pounds.

Little Compton, sixty-six pounds, .

Tiverton, twenty-four pounds,

IN DUKES COUNTY,

Edgar Town, forty pounds ten shillings,
Tisbury, twenty-seven pounds,
Chilmark, twenty-seven pounds, .

Nantucket, ninety pounds,

126 0 0

78 0 0

84 0 0

96 0 0

21 0 0

36 0 0

18 0 0

66 0 0

126 0 0

132 0 0

15 0 0

102 0 0

15 0 0

105 0 0

66 0 0

24 0 0

40 10 0

27 0 0

90 0 0

Assessors to be
chosen at the
annual meeting
for choice of
town oflacers.

And be it further enacted by the authority aforesaid,
[Sect. 3.] That each town and precinct, at their next annual meet-
ing directed by law for the choice of town ofiicers, shall choose three,
five or seven able and discreet persons, being freeholders within the
same (each person, by common esteem, to be worth at least one hun-
dred and fifty pounds in real and personal estate), to be the assessors of

[3d Sess.] Province Laws.— 1696. 261

such town or precinct, for the sum proportioned and set upon them in
and by this act ; and all and every person and persons so chosen for
assessors, and accepting thereof, shall take the oath following ; [that is
to say'], [viz'], —

You, A. B., being chosen an assessor for the toAvn of C. for this present tax, do Oath.
swear that in the discharge of said trust, you will deal impartially and equally
therein, in proportioning the sum to be assessed upon the said town, after the best
of your discretion and judgment. So help you God, [§'c.]

Which oath the town clerk of each town or precinct, where there is Selectmen or
no justice of the peace, is hereby impowred to administer. And if the asses^sors^lu^^
inhabitants of any town or precinct shall not convene at the time case,
appointed by law for annual election of town officers, or, being so con-
vened, shall neglect or refuse to choose assessors as aforesaid, or that the
assessors so chosen shall refuse to accept of the said trust, the selectmen
or trustees for the time being of such town or precinct shall be and
are hereby declared the assessors of the same, and shall severally take
the oath before mentioned. And every assessor attending the service
aforesaid shall be paid by the town treasurer, or out of the town stock,
two shillings per diem for each day he necessarily attends said service.

And be it further enacted,

[Sect. 4.] That if the assessors of any town or precinct shall neg- Penalty for neg-
lect or refuse to perform the service required of them by this act, they it^„L^(*^"*^ ^"

J- .1 J ^'j assessors, con-

shall pay the sum set and proportioned upon such town or precinct in stables, &c.
and by this act, to be levied by distress and sale of the estates, real or
personal, of such defective assessors, by warrant from the treasurer,
directed to the sheriff or marshal of the county in which such town or
precinct lies, 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 hereby
respectively required, shall be liable and subject unto the like pains,
penalties and forfeitures, to be prosecuted and recovered of them in the
same way and manner as in and by any act or acts of the general
assembly, or any clause, branch or article thereof, are set, declared and
[c?is] [pre] scribed.

And he it further enacted hy the authority aforesaid,

[Sect. 5.] That where any person or persons, being inhabitants or persons about
dwellers in any town or precinct within this province at the time of *" '^'^^'^7^ ^^,,
making this present tax, and being assessed thereunto, shall be about to proportion to
remove themselves or estate from thence before the time herein pre- ^'*'* ''*'^^"
fixed for paying in the same into the treasury, it shall and may be law-
ful, to and for the constable or collector for the same town or precinct,
to demand and levy the whole sum and sums as such person or persons
shall be assessed at in the list and lists to him committed, notwith-
standing the time for collecting and paying in the second part of the
said tax may not then be come ; and in default of payment, to distrain
for the same, or to take any other way or course by law directed for
the obtaining thereof.

And xchereas there is owing unto the treasury, in part of the town of
Northampton's proportion to a tax granted in the year one thousand
six hundred ninety-one, the sum of seven pounds seventeen shillings
and ninepence, committed to John Clark, then constable of said town,
to collect, and afterwards by the selectmen abated out of the list to
him given, —

lie it enacted by the authority aforesaid,

[Sect. 6.] That the said sum of seven pounds seventeen shillings Northampton's
and ninepence be, and hereby is added unto the said town's proportion g^*^' ou„^f l^'.
herein mentioned, to this present tax ; which will make up their whole enteen shillings
sum one hundred and nine pounds seventeen shillings and ninepence, ^^^ muepence.

262 Province Laws.— 1696. [Chap. 16.]

to be assessed lapon the said town, as by this act is directed. And the
treasurer is ordered and authorized to issue out his warrants to said
John Clark town accordingly. And the said John Clark is hereby fully discharged
discharged. of ^^d from the said sum of seven j^ound seventeen shillings and nine-
pence ; and all j^rocess or executions heretofore granted by the treasurer,
and served upon him or his estate, for the same, are hereby declared to
be void and of none effect.

And for the better enabling the treasurer to enforce the bringing in
the moneys herein granted, or due from any toAvn or precinct, or in the
hands of any sheriff, constable or collector, —
Be it enacted by the authority aforesaidy

[Sect. 7.] That the treasurer be and hereby is impowred to take,
use and exercise as well all such rules, directions, powers and author-
ities as have heretofore been given him in and by any act or acts of the
general assembly, or in any clause, branch or article thereof, as in and
by this present act, for the obtaining and drawing into the treasury the
money herein granted, as also the arrears of all former rates, as fully
and effectually as if the same directions, powers and authorities had
herein been again particularly recited and re-enacted, and notwithstand-
ing any limitation or restraint thereof in or to the jiai'ticular act or acts
wherein the same are enumerated, set down and expressed.
A7id be it further enacted by the authority aforesaid^
Three thousand [Sect. 8.] That the treasurer be and hereby is impowred to issue
pounds in bills forth and pay a certain number of the bills of credit of the late colony
forth! ^^^"*^ of the Massachusetts, endorsed in manner as is directed by the act
1693-4, chap. 13- cntitulcd "An Act for a present supply of the treasury," to the sum of
three thousand pounds, and no more, toward [s] the uses for which this
present tax is granted ; which bills shall pass out of the treasury at the
value therein expressed, the treasurer to have credit in his accompts
after the rate of five pounds per cent more for such sum in said bills as
he shall so issue forth as aforesaid, having been received into the treas-
ury at that value ; and the said bills shall be taken and accepted in all
publick payments, with the advance of twelvepence on the pound over
and above the sum therein expressed. And this present tax to be a
fund for the repayment of all such sums in said bills as shall be in the
hands of particular persons, in currant money of this province. [Passed
December 18 ; published December 19.

Notes. — The engrossments of all the acts of this session, except chapter 3, are preserved.
Besides the chapters above printed, one private act was passed, at the third session, under the
following title: —

" An Act To enable Lj'dia Moore, Relict and sole Administratrix of the Estate of John
Moore, late of Boston, Tailer, deced, Intestate, to sell the right and priviledge of the said John
Moore, in a passage way lying at the North end of the said Town of Boston." — {Passed Dec.
10, 1696.

The acts of the first session were sent to the Solicitor-General, Dec. 12, 1696, and he reported
thereon to the Board of Trade the 13th of January following. In his opinion chapters 2 and 4
" are agreable to Law and Justice and do not containe any thing prejudicial! to His Majestie's
Eoyall Prerogative." Of chapter 1, he reports: " and having not seen the Acts intended to be
continued by the said [act] I am not able to give any opinion how farr it is fit to confirme the
said " act. Chapter 3 he omits to notice in his report.

The public acts of the second and third sessions were sent to Attorney-General Trevor and So-
licitor-General Hawles, Jan. 14, 1697-8; and, on the 19th of May, following, Sir Henry Ashurst
presented to the Board of Trade the report of the Solicitor-General thereon, dated JNIay 17, 1698,
in which he gives his opinion that chapters 7, 8, 9, 10, 11,. 12, 13, 14, 15 and 16 are all " agreable
to Law and Justice and do not contain any thing prejudicial to his Maj'J' Royall I'rerogative."
Of chapters 5 and 6 he reports that not having seen sundry acts therein intended to be continued,
he is unable "to give any opinion how farre it is fitt to confirme the said" acts, respectively.
On the 24th of November following, the Board of Trade made their " Representation," quoted
in the notes under chapters 1 and 5, respectively, in which they mark chapters 2, 3, 6, 7 and 16
as " expired," and chapters 1 and 5 " to be repealed," mentioning the rest by their titles with-
out comment.

The Board of Trade communicated the reasons for the repeal of chapters 1 and 5, in their
letter to the Earl of Bellomont, dated Feb. 3, 1698-9.

Chap. 1.—" These being the particular reasons for repealing each of the forementioned Acts
contained in one of the foresaid Orders of Council we shall, in the next place, acquaint j'ou with
•what we have occasionally observed in considering all the Acts contained in both the foresaid
Orders.

[3d Sess.] Province Laws.— 1696. 263

The practise of joining together diverse Acts or Clauses upon different subjects under the
same Title is a great in-egularity and in some occasions may tend to the prejudice of the Prov-
ince Whereof we judge they will find an instance in the Act of supplement and addition to
several Acts therein mentioned [1G95-6, chap. 9] in which some of those additions might have
been approved if they had been separately enacted without that which we have before men-
tioned as the reason for repealing the -said Act; And the like will undoubtedly be found in the
repeale of the forementioncd Act for continuing certain Acts thereinafter mentioned that are
near expiring, which could not but be repealed because it reinforces one Act that had before
been repealed. This is what the Governor and Council of that Province have formerly beea
particularly blamed for and directed to reform, by a letter from the Lords of the late Committee
for Trade and Plantations dated the 2G"' of December, 1695, And we desire Your Lordship,
therefore, now to take the more especial care that the like practice be no longer continued." —
Letter from the Board of Trade to Gov. Belhmoni, ut sujira.

Chap. 4. — " Having oft occasion to make enquiry concerning Pirates, and the methods of
prosecuting them in his Majesty's severall Plantations, it has been represented to us as a dis-
couragement to any persons from troubling themselves about the seizure of Pirates' Goods, in
the Province of the Massachusetts Baj', that the share of those who make such seizures is not
there fixed by law, but lefl to be as usual, which makes it ver}' uncertain and precarious. And
if that be so, we think it deserves your Lordship's care to get some more effectual provision
made in that case by ascertaining a considerable share of recompence to those who shall do anj'
such services. We write the more doubtfully in this matter because we have not any compleat
collection of the Laws of that Province by us, to have recourse rmto; But for that reason we
desire vour Lordship to give directions that such a Collection be sent us; And further also, that
in transmitting all future Acts of General Assemblies there be at least three or four copies
thereof sent us by different conveyances." — Ibid.

" June 3'* 1699. His Excellency Laid before the Board Two Several Bills, the One for
Restraining & punishing of privateers &c : The Other for Erecting & Establishing a Post office,
Both of them recommended by the Government of England, to be Enacted within this Prov-
ince which were Severally Read, and upon the Question put it was Resolved that they be both,
transcribed bj' the Secretary, and that the Bill for Restraining & punishing of privateers, and
Pirates Calculated for the Island of Jamaica be Adapted to this Province & that Both of them
be Brought in on Tuesday morning next & then Read." — Council Eecoi-ds, vol. VII., p. 8.

" June 29'\ 1699. The Question being put whither that Clause in the Bills for the restrain-
ing & punishing of privateers & Pyrates, providing that their Tryalls be had before the Judge
of the admiralty for the time Being & three or more substantial persons, to be commissiont'* by
the Governour, with the Advice & Consent of the Council, should stand? — It passed in the
nega.tixe."—Ibid., p. 27.

ACTS,
Passed 1697.

[266]

ACTS

Passed at the Session begun and held at Boston,
ON the Twenty-Sixth day of May, A.D. 1697.

CHAPTER 1.

AN ACT FOR PUTTING THE MILITIA OF THIS PROVINCE INTO A READINESS
FOR DEFENCE OF THE SAME.

Whereas the law has ah-eady provided, in case of alarm made, 1693-4, chap. 3,
either from a seaport town or other town lying frontier to or in dan- ^^*'
ger of the enemy, that the captain or captains of the adjacent towns
shall forthwith go or send such relief as they shall judge meet for the
offence of the enemy, and defence of themselves, &c. ; but forasmuch
as, in this time of danger, there may be occasion to call together, amie,
array and put into a posture for war the whole militia and forces
within the several counties, for the necessary defence of the province
in case of invasion, or sudden approach of the enemy, before the notices
thereof can reach the commander-in-chief, to have directions or orders
from him for the same, —

Me it therefore further enacted and declared by the Lieutenant-
Governour and Commander-in- Chief hy and with the advice and con-
sent of the Council and Representatives in General Court assembled,
and by the authority of the same,

[Sect. 1.] That all persons commissioned by the commander-in- commissioned
chief to bear office in any military regiment, company or troop within ^po'\vere^*to"
this province, be and hereby are impowred and authorized, by virtue encounter and
thereof (agreeable to instructions by him already given to the chief enemy .*^^
officer of the several regiments), as occasion shall require, in the cases
and to the intents and purposes abovesaid, to amie, array and weapon
the regiment, company or troop respectively under their command, or
part of them, and by force of annes to encounter, repel, pursue, kill
and destroy any of the French [an J] [or] Indian enemy, so always [as]
to be observant of such commands and orders as they shall receive from
their superiour officer, and to dispatch away to him speedy notice of
their motion, and the occasion thereof.

[Sect. 2.] And that the colonel or chief officer of each regiment Coionei oroth-
commissioned by the commander-in-chief, be and hereby is impowred of a regiment
and authorized, as occasion shall require in any of the cases and to the a^^ljl^j!**
intents before mentioned, from time to time to call together the Avholc ment, or part
militia of the regiment under his command, or such part \_of them'] peiung\n°dpur.
[thereof] as he shall think needful, and to arnie, array and put them suing the ene-
into posture for war, upon any alarm, invasion or notice of the appear- ™^' ^*
ance of the enemy, French or Indians, by sea or land, and the said regi-
ment, companies or troojjs, so armed, aiTayed and weaponed, or part of
them, to lead, conduct and imploy, or to appoint some other lit person,
by Avriting under his hand, to lead, conduct and imploy them, as well

268

Province Laws. — 1697.

[Chap. 2.]

Assistance to
be given unto
neighboring
towns, &c., at-
tacked by tire
enemy.

Intelligence to
be posted away
to the com-
mander-in-
chief.

In case of the
colonel's ab-
sence, the next
commissioned
officer to act.

Penalty for dis-
orderly shoot-
ing.

within the regiment and county whereto they belong, as into any other
county or place within this province, for the assisting, succouring and
relieving any of his majestie's subjects, towns or places that shall be
assaulted by the enemy, or in danger thereof, and with such party, com-
panies or troops to encounter, resist, repel, pursue, kill and destroy the
French and Indian enemy, or any of them, by all fitting wayes, enter-
prises and means whatsoever; the colonel or chief officer of such regi-
ment so taking to amies, or sending forth any party of men, forthwith
to post away the intelligence and occasion thereof unto the commander-
in-chief, and to attend and observe such directions and orders as he shall
receive from him. And in case it happen the colonel or chief officer of
any regiment be out of the limits or precincts of the regiment for
which he is or shall be commissioned, respectively, at the time of any
invasion, attack or appearance of the enemy, or alarm given from any
of the neighbouring towns or regiments, the next commission officer
then within the regiment shall have, use and exercise the same powers
and authorities herein before granted, until the return of the colonel or
other superiour officer ; the officer so acting to post away the intelli-
gence thereof, with the occasion for the same as aforesaid, unto the
commander-in-chief, and to attend and observe such directions and
orders as he shall receive from the commander-in-chief therein.

And for the better preventing of false alarms by disorderly shooting
off guns in the night, —

JBe it further enacted hy the authority aforesaid,

[Sect. 3.] That no person or persons whatsoever, in any town or
garrison, shall presume to discharge or shoot off any gun or guns after
the shutting in of the daylight in the evening, or before daylight in the
morning, unless in case of alarm, approach of the enemy, or other
necessary defence, on pain that every person so offending, and being
thereof convicted before one or more of his majestie's justices of the
peace, shall forfeit and pay the sum of ten shillings, one moiety thereof
to and for the use of the poor of the town where the offence is com-
mitted, and the other moiety to him or them that shall inform or pros-
ecute for the same. And in case such offender shall not have Avhere-
with to answer the said fine, or shall refuse or neglect to pay the same,
then to be set in the stocks, not exceeding two hours' time : provided,
that this act shall remain and continue in force during the present war,
and no longer. \_JPassed June 8 ; published June 19.

CHAPTER 2.

AN ACT FOR GIVING SUCCOURS AND ASSISTANCE TO THE RELIEF OF
HIS MAJESTIE'S SUBJECTS IN THE NEIGHBOURING PROVINCES OR COL-
ONIES.

Forasmuch as in this time of war, there may be occasion for the
raising of souldiers, and transporting or marching of them out of the
limits of this province into the neighbouring provinces or colonies, for
the defence of his majestie's subjects and interests, and the prosecution
of the French or Indian enemy, —

J5e it declared and enacted by the Xieutena7it- Governottr, Council
and Mepresentatives in Genercd Court convened, and by the authority
of the same.

That in the vacancy of the general assembly, it shall be in the liberty
of the governour and commander-in-chief for the time being, by and
with the advice and consent of the council, to raise and transport such
part of the militia of this province as they shall find needful, or oblige

[1st Sess.] Province Laws.— 1697. 269

them to marcli into any of tlie neighbouring pro\ances or colonies, for
the ends before mentioned, at any time or times until the end of the
next session of this present court, and at no time afterward, without
their free and voluntary consent, or the consent of the great and gen-
eral court or assembly, this act or any tiling therein contained to the
contrary thereof in any wise notwithstanding. [^Passed June 3 ; pub^
Ushed June 19.

CHAPTER 3

AN ACT FOR GRANTING UNTO HIS MAJESTY SEVERAL DUTIES OF IMPOST,
EXCISE, AND TUNNAGE OF SHIPPING.

We, his majestie's loyal and dutiful subjects, the representatives of
this his province of the Massachusetts Bay in New England, being
duely sensible of the great charges and expences which have already
arisen, and will be daily growing and increasing, for the defence of his
majestie's subjects and interests within this his province, and for a
vigoi'ous prosecution of the war against the French and other his
majestie's enemies ; for and towards the defraying of the charge of the
province gaily and fire-ship, and the fitting out and hire of such other
vessels as have been, are, or shall be taken up here and imployed in his
majestie's service, for the defence of the province ; for answering of the
necessary and contingent charges in and about the siipport of the gov-
ernment ; for payment of the salaries and allowances to the officers
imployed in and about the execution of this act, and such other grants,
salaries and allowances as have been or shall be made by the general
court or 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 men-
tioned 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,

[Sect. 1.] That from and after the twenty-ninth day of June, in
this present year of our Lord one thousand six hundred ninety-seven,
for and during the continuance of this act, there shall be paid by the
importer, for all wines, liquors and goods that shall be imported into
this province, the rates in and by this act hereafter mentioned and
expressed ; that is to say, —

For every pipe of common wine, of the Western Islands, the sum of Kates of wines,
one pound ten shillings.

For every pipe of Passad[o][a] wine, two pounds five shillings.

For every pipe of Madera wine, two pounds.

For every pipe of Canary, Malago or Sherry wines, two pounds ten
shillings.

For every pipe of Port wine, one pound fifteen shillings.

For every pipe of wine, not of any of the sorts before mentioned,
one pound.

And so proportionably for greater or lesser quantities ; and for every Rates of rum
gallon of rhum or other spirits imported as aforesaid, tcni)cnce. For ftg. °^ ^"■^Pi'""
all goods, wares and merchandizes that shall be imported as aforesaid
(salt, cotton wool, provisions, and every other thing of the growth
and product of New England only excepted), the several imposts and

270

Province Laws. — 1697.

[Chap. 3.]

Rates of mer-
chandises.

The whole duty
of goods to be
paid down, and
one-half for
wines and liq-
uors, the other
half to be se-
cured by bond.

Entries, where
the duty ex-
ceeds not four
shillings, to be
free.

Masters to
make report
before break-
ing bulk.

Masters to
make oath.

Penalty for
breaking bulk
before giving
an account
upon oath.

Bills of store
allowed.

Importers to
make entries
and pay the
duties, or se-
cure the same
before landing,

duties following ; that is to say, for every hvindrecT pound stei'ling in
English merchandizes, at the prime cost in England (the original
invoices Avhereof to be produced and shown), the sum of twenty
shillings.

For every hogshead of sugar, two shillings.

For every hogshead of molasses, one shilling.

For every hogshead of tobacco, two shillings sixpence.

For every ton of log[g]wood, three shillings.

[Sect. 2.] And for all other commodities, goods, wares and mer-
chandizes (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 and
expressed, or to his sub-receiver, the one-halfe thereof for wines and
liquors, and the whole for goods and merchandizes, to be paid 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 halfe
for wines and liquors, if he shall desire the same, and give bond, with
sufficient security, to the commissioner or such other person as he shall
appoint to be receiver, 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, and not
more than sixpence to be paid for any other single entry to what value
soever. And for every bond to be given as aforesaid there shall be
paid twelvepence, and no more.

And be it further enacted by the authority aforesaid,

[Sect. 3.] That all masters of ships or other vessels coming into
any of the harbours or ports within this province, before bulk be
broken, shall make [a] report to the commissioner for impost to be
appointed as is hereafter mentioned, or such as he shall substitute to
receive the same, of the contents of the loading of such ship or vessel,
without any charge or fee to be demanded or paid for the same. And
if there be on board such ship or vessel any goods, wines or liquors in
and by this act liable to pay impost, such master shall then also give an
accompt under his hand to the said commissioner or receiver, of all
such goods, wines and liquors liable to jDay impost, on board such ship
or vessel, with the quantities, species, and to whom the same are con-
signed, and the marks thereof, and shall make oath that the same is a
just and true accompt, to the best of his knowledge, of the whole
ladeing taken on board at the port or ports such vessel came from ;
which oath the commissioner or receiver respectively ai'e hereby
impowi'cd to administer. After which such master may unload, and
not before, on ])ain of fifty pounds to be forfeited and paid by each
master that shall neglect his duty in this behalfe. And the said com-
missioner is hereby impowred to allow bills of store to the masters of
any ships or vessels importing any wines or Hquors, for such private
adventures as shall belong to the master and seamen of such ship or
other vessel, at the discretion of the commissioner, 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.

xind be it further enacted by the authority aforesaid,
[Sect. 4.] That all merchants, factors or other person or persons
importers, being owners of or having any of the wines, liquors, wares or
merchandizes consigned to them, that by this act are liable to pay
impost or duty, shall, by themselves or order, make entry thereof, in
writing under their hands, with the said commissioner or receiver, and
pay the duty or secui'e the same to be paid as by this act is provided,

[1st Sess.] Province Laws.— 1697. 271

before such wines, liquors, goods, wares or merchandizes be landed or

put into any boat or vessel in order to be landed, on pain of forfeiting

all such wines, liquors, goods, Avares or merchandizes so landed or put

into any boat or vessel in order to be landed ; and that no wines, Goods to be

liquors, goods, wares or merchandizes that by this act arc hable to pay d^aytime'oniy.

impost or duty shall be landed on any wharfe or into any warehouse

or other place but in the daytime only, and that after sunrise and

before sunset, unless in the presence of and with the consent of the

officer appointed to inspect such affiiirs, on pain of forfeiting all such

wines, liquors, goods, wares and merchandizes ; and all manner of per- All persons to

sons are hereby i-equired to be aiding and assisting unto the commis- commisslonerl^

sioner and his agents, the informer, discoverer or seiz[?«'e][er] of such &c.

wines, liquors or goods so unloaden contrary to the true intent and

meaning of this act. And if the commissioner or receiver shall have

just reason to suspect that any merchant, factor or other person to whom

any 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 goods or merchandizes, or that the invoices of any

English merchandizes, produced and shown by any person or persons as

is by this act directed, are not really and bona fide the original invoices

of the goods and mei'chandizes such person or persons would then enter,

in every such case the commissioner or receiver resj^ectively are hereby An oath to be

ordered and directed not to admit such person or persons to an entiy unto persons

of the said goods and merchandizes until he or they shall have made suspected of

1 1°,^.,.. ..,,.•', , making short

oath to the truth oi said writing or invoice by him or them presented entries,
as aforesaid, which oath the commissioner or receiver are hereby respec-
tively impowred to administer.

And be it further enacted by the authority aforesaid.,

[Sect. 5.] That it shall and may be lawful to and for the said com- feaTch i*n ™^^^
missioncr or for any of the officers imployed under him in and about the houses, &c.
impost, by warrant from any two justices of the peace within this prov-
ince (to that purpose first obtained), with one constable or more, to
search all manner of houses, cellars and warehouses for such wines,
liquors, goods or merchandizes which they or any of them shall be
infoiTtned were there carried to be concealed in prejudice to the true
meaning of this act, and with intent to defraud his majesty of his
said dues ; and all such wines, liquors, goods and merchandizes so found
shall be seized and forfeited, to be disposed of as is hereinafter men-
tioned. And any two justices to whom comiDlaint of any such matter
shall be made are hereby impowred and required to make out their war-
rant to the constable, accordingly, and to break open the door or doors
of such houses, cellars and warehouses in which he shall be informed
any wines, liquors, goods or merchandizes are concealed as aforesaid, if
the owner or possessor of such houses, cellars or warehouses shall deny
entrance thereinto : ahcays j^^'ovided, that such search be made in the
day time, and wnthin the space of one month after the offence sujDposed
to be committed.

Provided, also, that if the information whereupon any house, cellar
or warehouse shall be searched prove to be false, that then and in such
case the party injured shall recover his full damages and costs against
tlie informer, by action of trespass.

And be it further enacted,

[Sect. 6.] That such officer or officers as shall be impowred and Power to search
aiijiointed by the said commissioner shall have power and are hereby [end^th^un-*^*'
authorized to enter on board any ship or vessel, there to make search lading,
or to attend the unloading of any such ship or vessel, the better to pre-
vent fraud and to secure the true pajTnent of the duties in and by this
act granted and expressed.

272 Province Laws.— 1697. [Chap. 3.]

And it is further enacted and provided hy the authority aforesaid^
Allowance of [Sect. 7.] That every merchant or other person unporting any
leLkage'fo/'^'^* wiues into this province shall be allowed twelve per cent for leakage :
wines. provided^ said wines have not been filled up aboard ; and that every

hogshead, butt or pipe of wine that hath three fourth parts thereof
leaked out shall be accounted for outs, and the merchant or importer
to pay no impost or duty for the same.
Wines decayed Provided^ also, that if it be made appear that any wines imported
ment *^ ^^"'^^' 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 said
commissioner or receiver that the same hath not been landed above
that time, the duties of impost for such decayed wine shall be abated.
And be it further enacted by the authority aforesaid^
Drawbacks ai- [Sect. 8.] That if all or any wines or liquors as aforesaid be landed
e^ortation. 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, two-thirds of what they paid
upon importation of the same, for so much as they shall so export :
provided, that no drawback shall be allowed for any wine, rhum or
other liquors which shall be laden or shipt ofi" to be exported out of this
jDrovince, unless certificate be first had for the same from the receiver
and it be shipped in the presence of a waiter, who shall endorse the ship-
ping upon the certificate, and return it into the ofiice before the draw-
Fee for certifi- back be allowed, for which certificate the receiver shall be paid sixpence,
back^""^ ^^^^' and the waiter for seeing the same shipt and endorsing it shall be paid
sixpence ; and no such certificate shall be granted before the importer
shall have made oath that the whole duty inward for such wine, rhum
or other liquors is paid or secured to be paid ; and the ship or vessel on
board which such wine, rhum or other liquors shall be shijjt in order to
master lomake exportation shall not be cleared at the impost-oftice before the master
oath. thereof hath made oath that he will land such wine, rhum or other

liquors, bona fide, out of the province, the danger of the seas only
excepted ; which oaths the commissioner or receiver are hereby respec-
tively impowred to administer.

A7id be it further enacted and ordained by the authority afoi'esaid,
Kates for ex- [Sect. 9.] That there shall be given, granted and paid unto his

'^^^^' majesty for the uses aforesaid, in currant money of this province, from

and after the said twenty-ninth day of June in this present year one
thousand six hundred ninety-seven, 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 tliat shall retail the same, in manner and
forme hereinafter mentioned and expressed ; that is to say, for every
gallon of common wine[s] of the Western Islands, the sum of sixpence ;
every gallon of Passado, Malago, Canary and Sherry, the sum of twelve-
pence ; every gallon of Madera, the sum of eightiDcnce ; every gallon of
rhum and all other sorts of distilled spirits, the sum of one shilling ;
every barrel of beer, ale, peny and cyder, the sum of one shilling and
sixpence ; and after the same rate for any greater or lesser quantities.

And for the due and orderly collecting and receiving of the excise
aforesaid, —

It is further enacted by the authority aforesaid,
Entry of wines, [Sect. 10.] That all retailers of wine, brandy, rhum and other dis-
be made^vith" tilled liquors, bccr, ale, perry and cyder, within this province, having
the commis- Qny of the said liquors in their respective houses or elsewhere, belonging
person to be unto them at the time of this act's taking place, shall make due entry
fPP^^"*®*^ '^y and pay the duties and excise aforesaid for the same, as is hereinbefore
mentioned, unto the commissioners for excise to be appointed as in and

[1st Sess.] Province Laws.— 1697. 273

by this act is hereafter directed, or such other jierson as they shall order
to receive the same ; and upon their further receipt or purchase of all or
any of the liquors before mentioned, shall, before they receive it into
their houses, cellars, shops, warehouses or other rooms or places, make
entry with the said commissioners or other person to be appointed by
them for that purpose, and pay the duties and excise aforesaid, imder
the penalty of forfeiture of all such liquors as shall be found in any
retailer's house, or other place or places thereto belonging, not being
duly entred and the excise not paid as aforesaid ; and every retailer
who shall make his own cyder, brew his own beer or ale, or distil strong
liquors, shall from time to time and at all times when he or they shall
make, brew or distil the same, make entry with the said commissioners, penalty for
or other person [s] to be appointed by them as aforesaid, of all such cyder, default,
beer, ale or distilled liquors by them made, brewed or distilled, and pay
the excise as aforesaid, under the like j^cnalty and forfeiture of all
such liquors as shall be found in such retailer's house, or other place or
places thereto belonging, not entred and the excise thereof not paid
in manner before expressed. And every retailer not making due entry
as is before required, upon conviction thereof, shall over and above the
penalty aforesaid also forfeit his or their license or licenses, not to be
renewed Avithin the space of three years ; and it shall and may be law-
ful to and for such officer or officers as by the said commissioners shall
be appointed and impowred, when and so often as he or they shall think
fit, in the daytime, to enter into any retailer's house, cellar or ware-
house, to search for such wines or liquors as are not dixely entred, nor
the excise paid for the same, and such wines or liqviors so found to seize
and secure in order to the tryal and conviction thereof, and to gage any
cask or casks for that end and purpose ; and the proofe Avhether the ^^{^^^^"^"^^
duties for such wines, liquors, beer or cyder be paid or secured to be ciaimer.
paid, shall lye upon the ciaimer, and shall not be incumbent on the
prosecutor or informer in behalfe of his majesty and himselfe : 2)rovided,
such seizure be made or action brought within twenty days after the
ground for such forfeiture or action did arise.

And be it further enacted,

[Sect. 11.] That no person or persons on any pretence or colour i'enaity onper-

tj in it* •11 ji»i sons tu£ir sn3,il

whatsoever shall or may take in, recen^e, harbour, entertain, keep or take in or keep
conceal in his or their dwelling-houses, cellars or warehouses, any quan- wines or liquors

I r- • , ° ,. 11. T "^ 1^ belonging to

tity or parcel ot wines or other liquors belonging to any licensed \^ev- licensed per-
son or persons, retailer or retailers, under the penalty of forfeiture of ®°°^'
twenty pounds for every such quantity or parcel of wines or other
liquors so taken or received, harboured, entertained, kept and concealed
as aforesaid.

And be it further enacted by the authority aforesaid,

[Sect. 12.] That when and so often as comjilaint shall be made to Search to be
any of his majestie's justices of the peace within this province, by the ifquors'con^
said commissioners or other person by them impowred to inspect the fnfgntt^^de-
excise, that they suspect wines, liquors, beer or cyder to be concealed fraud,
with intent to defraud his majesty of the duties laid by this act, in the
houses, cellars, vaults, rooms or other places belonging to any retailer,
and that such retailer refuses to open the doors of such their houses,
vaults, rooms or other places ; or upon information given to such
justice of any other person or persons suspected to receive, harbour,
entertain, keep or conceal in his or their dwelling-houses, cellars or
Avarehouses, any quantity or parcel of wines or other liquors for any
licensed person or retailer, in every such case it shall and may be
lawful to and for such justice, and he is hereby required to issue out a
warrant to such officer complaining, thereby to enable him, with the
assistance of a constable, in the daytime, to break open the doors of
such houses, cellars, vaults, rooms or other places of any such retailer

274

Province Laws. — 1697.

[Chap. 3.]

Commissioners
empowered to
farm out the
excise.

Commissioners
empowered to
sue.

Duties of ton-
nage.

where they are denied entrance, and finding any wines, liquors, beer
or cyder concealed that ought, but yet hath not been entred, and the
duty of excise not paid as this act provides, to seize and secure the
same in order to tryal and condemnation, or to break open the doors of
any dwelling-houses, cellars or warehouses of any other person or per-
sons suspected to conceal and harbour therein any liquors or wines of
any licensed person or retailer, and finding there any such liquors or
wines, the person harbouring or concealing the same shall be liable to
the action or suit of the informer for the penalty of twenty pounds
above mentioned : ^wovided^ nevertheless^ that if the information where-
upon the dwelling-house, cellar or warehouses of any person or persons
suspected to harbour or conceal any wines or liquors for any licensed
person or retailer shall prove to be filse, the ^^persoii^ [party] injured
shall recover his full damages and costs against the informer that
obtained such Avarrant as aforesaid, by action of trespass.

And he it further enacted and provided^ anything hereinbefore con-
tained to the contrary notwithstanding^

[Sect. 13.] That it shall and may be lawful to and for the said
commissioners to agree with any retailer for his excise for the whole
year in one intire sum, to be paid quarterly, as they in their discretion
shall think fit to agree for, without making any entry thereof as is before
directed, and that the said commissioners may Ictt or fanne the excise
or part thereof to any person or persons in any county, town or place
within this province, for the best profit and advantage of the publick
that they can, for the year ensuing. And the said commissioners, by
themselves or their lawful substitute, may sue for and recover in any
of his majestie's courts of record, or before any justice of the peace,
where the matter is not above his cognizance, any sum or sums of
money that is or shall grow due for any of the aforesaid duties of
excise, where the party or parties from whom the same is or shall grow
due, shall refuse or neglect to pay the same.

And he it further enacted hy the authority aforesaid^

[Sect. 14.] That from and after the said twenty-ninth day of June,
in this present year one thousand six hundred ninety-seven, during the
continuance of this act, there shall be paid by the masters or owners,
respectively, of all merchant ships or other vessels whatsoever (except
boats imployed for the fetching of wood, timbei-, stones or fish to be made
use of and sj^ent in the place only), that shall sail from any port, haven,
river or creek within this province, the sum of twelvepence per ton for
every ton such ship or other vessel doth measure, according to her
dimensions by the rule hereafter mentioned, for every time such ship
or vessel shall go forth. And that the master of every \sucli\ ship or
other vessel above twelve tons, coming into any jDort or jjorts of this
province to trade or traffick, the major part of the owners whereof are
not belonging to this province, shall (over and above the before men-
tioned du.ty of twelvepence per ton), every voyage they make, pay
twelvepence per ton more, or one pound of good and new gunpowder
[o/] [for] every ton such ship or vessel is in burthen according to the rule
of measuring hereafter set down and expressed, to be imployed for the
supply of his majesty's castle and forts within this province ; which
payments respectively are to be made unto the said commissioner for
impost, his deputy or deputies, who on receipt thereof shall give a cer-
tificate that the said duty is paid, and such certificate to be produced
and dehvered unto the naval ofiicer, before he grant any clearing for
such ship or other vessel : promded, nevertheless^ that no coasting ves-
sels within this province, or vessels arriving from the province of New
Hampshire, the colonies of Connecticut or Rhode Island, the provinces
of New York, or East or "West Jersey, shall be obliged to pay the said

[1st Sess.] Province Laws. — 1697. 275

sum of twelvepence per ton first mentioned more than twice in the
year.

And for the better ascertaining the tminage of any ship or other
vessel liable to the duty aforesaid, —

-Be it enacted by the authority aforesaid^

[Sect. 15.] That the tuimage of such ship or other vessel shall be Ju^/fn^^tonnTge.
computed by the breadth at the main beam within board, the depth to
be accounted halfe the said breadth, and the length three times so
much as the breadth, after the usual manner of midtiplying and dividing
the product by one hundred ; and every master or owner of such ship or
vessel, before any ladeing be taken on board her, shall give an accompt,
under his hand, of her dimensions as aforesaid unto the said commis-
sioner, his deputy or deputies ; and if such officer does apprehend and
suspect that the accompt given is short of the true dimensions, the said
officer repairing unto one of the next justices of the peace, such jus-
tice shall and hereby is impoAvred to grant his warrant to some able
ship-carpenter, requiring him to repair on board such ship or other ves-
sel, and to measure the same in manner as is before expressed, and to
make his report thereof unto the said commissioner, his deputy or dep-
uties ; and such justice is further impowred to adminstcr an oath unto
the measurer to deale truly and faithfully tlierein ; for which warrant
and oath adniinstred there shall be paid unto the justice two shillings ;
and the measurer, for his service, shall have and receive the sum of five
shillings ; all which charge shall be paid by the master or owner before
such ship or vessel be cleared, where the master or owner is found to
have given a short accompt of the dimensions, if otherwise, by the
officer for managing the impost-office, who is allowed to bring such
charge to accompt of the publick.

And be it further enacted by the authority aforesaid,

[Sect. 1G.] That there be one fit person, and no more, nominated Commissioners
and appointed by this court as a commissioner and collector, to have
the general inspection, care and management of the said office of
impost and tunnage of shipping, and whatsoever relates thereunto ; and
that there be three fit persons, and no more, nominated and appointed
by this court as commissioners and collectors, to have the general
inspection, care and management of the said excise office, and whatso-
ever relates unto the same, 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 majestie's province, he and they
shall think necessary for the well-ordering and managing of the affiiirs
relating to each of the said offices, and the better to prevent frauds, and
to grant them warrants for executing of the same ; and the said com-
missioner and commissioners, resioectively, and all other officers under
him and them, before their entring upon the execution of their respec-
tive offices, shall be sworn to deal truly and faithfully therein ; which
said commissioner and commissioners, respectively, shall keep fair
bookes 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 they
shall also accomj^t for all collections and payments, and pay in all such
moneys as shall be in his and their hands, as the treasurer shall demand
it. And the commissioner for impost and tunnage of shipping, and
commissioners for excise shall have and receive siich sum and sums as the
general assembly shall think fit to allow him and them respectively, for
their labour, care and expences in said affiiir. All other officers imployed
\mder the said commissioner and commissioners respectively, to be paid

276

Province Laws. — 1697.

[Chap. 4.]

Farmers of the
excise alike
empowered as
the commis-
sioners.

Penalties and
forfeitures, how
to be recovered
and disposed.

foi" tlicir service as he and they, with the treasurer, shall agree, upon
reasonable terms ; and all and every such person and persons to whom
the said excise, or any part thereofj shall be let or farmed by the said
commissioners, and the officers which they shall imploy under him or
them, shall have, use and exercise all such powers and authorities as in
and by this act is given, granted or committed unto the said commis-
sioners and their underofficers, for the better collecting said excise and
preventing frauds.

A?id be it further enacted hy the authority aforesaid,
[Sect. 17.] That all penalties and forfeitures accruing or arising by
virtue of this act, or any clause or article therein contained, shall be
one-halfe 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 halfe to him or them that shall seize, infoiTne and sue for
the same, by action, bill, plaint or information, in any of his majesty's
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
halfe belonging to the informer : promded, that 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-
seven, and no longer. \_Passed June 18 ; published June 19.

CHAPTER 4.

AN ACT RELATING TO TOWN KATES OR ASSESSMENTS.

Whereas divers constables and collectors of town rates or assess-
ments are defective and negligent of their duty, in not timely paying
of the same, as by the warrants or estreats to them committed they are
requii-ed ; for redress whereof, —

Be it enacted by the Lieutenant- Governour, Council and JRepresenta-
tives in Generall Court assembled, and by the authority of the same,
Constables or That the constablcs or collectors within the severall townes in this
towrfrates not proviucc who havc had or hereafter shall have any rates or assessments,
ac^counts^iiere- ^^^ ^^® defraying of towne charges, orderly made and committed unto
of by the time them to collcct, the accompts and payment whereof are not issued, or
wan-ants'to^be'^ that att any time or times hereafter shall not pay in and issue their
liable to suit, accompts thereof with the treasurer of such towne, or other person
appointed by the selectmen to be a receiver of the same, by the time
prefixt in the warrants to them respectively given for the collecting and
paying in thereof, or within the space of one month next after the expi-
ration thereof, every such defective constable or collector shall be lyable
to the action or suite of the treasurer or receiver of such towne ; and
such treasurer or receiver is hereby impowred and authorized to sue for
and recover all such rates and assessments, or any arrears thereof, of
and from the constables or collectors respectively to whome the same
were committed, and that have or shall neglect their duty in that
regard, by action, bill, plaint or infomiation, in any of his majestie's
courts of record ; any law, usage or custome to the contrary notwith-
standing. \_Passed and published June 19.

[1st Sess.] Province Laws.— 1697. 277

CHAPTER 5.

AN ACT TO RESTRAIN THE EXPORTATION OF PROVISIONS.

To the intent that his majesty's service be not disappointed for want
of necessary provisions for the victualUng and subsisting of seamen and
souklicrs that are or shall be hnployed "therein, provisions being very
scarce in these parts by reason of the two last harvests failing, —

I]eit enacted hr/ the Lieutenant- Governour, Council and Represen-
tatives in General Court assembled, and by the authority of the same,

[Sect. 1.] That, from and after the publication of^ this act, during
the continuance of the same, no beef, pork nor grain of any sort, bisket
or flower shall be exported out of this province by land or water, nor
be laden or put on board any ship or other vessel, or into any carriage
with intent to be exported or carried out of the province by land or
water (other than what shall be for the necessary victualling of outward
bound ships or vessels, having first obtained licence from the governour
and council for the same), on pain of foiieiting all such beef, pork and
grain of every sort, bisket and flower so laden or found on board any
ship or other vessel, or put into any carnage, or the value thereof; one
moiety to the selectmen or overseers of the poor in the town or place
where the same shall be seized, to the use of the poor there, and the
other moiety to him or them that shall inform or sue for the same in
any of his majesty's courts of record.

[Sect. 2.] And all ofticers imployed for the entring and clearing of
vessels, and for the inspecting and looking after the duties of impost,
and the observance of the acts relating to trade and navigation, are
hereby strictly commanded and required to see that this act be duely
observed, and to make seizure of any of the species of provisions above
enumerated, laden on board or found in any ship or other vessel, or in
any carriage, contrary to the true intent of this act, and all other per-
sons informing shall have the benefit of this act, saving a liberty to the
western towns on Connecticut River to transport their provisions from
thence to Hartford to be brought into these parts of this province : pro-
vided, nevertheless, that it shall be in the power of the governour and
council to grant licences to all such as shall ofier to export any of the
sorts of provisions herein before mentioned to Newfoundland for the
supply of his majesty's forces there ; such persons giving sufiicient bond
to carry the said provisions to Newfoundland, for the occasion aforesaid,
and to no other place whatsoever. And also to grant licence for pro-
visions to be exported to the province of New Hampshire for his
majesty's service there.

.Provided, also. That this act shall continue in force until the twen-
tieth day of September, next ensuing, and no longer. [Passed and
published June 19.

CHAPTER 6

AN ACT FOR GRANTING UNTO HIS MAJESTY A TAX UPON POLLS AND

ESTATES.

We, his majesty's loyal and dutiful subjects, the representatives of
this his majcstie's province of the Massachusetts Bay in New England,
convened in general assembly, for and toAvards the support of his
majesty's castle upon Castle Island near Boston ; for the subsisting and
paying of wages to seamen and souldiers, and payment for vessels' hire
that have been, are or shall be here taken up and imployed in his

278 Province Laws.— 1697. [Chap. 6.]

majestie's service, for the defence of this his province, and for the vig-
orous prosecution of the war against his majestie's enemies ; for the
equipping and maintaining of the province gaily and fire-ship ; for the
IDrocuring of ammunition and other stores of war ; for the payment of
such salaries, grants and allowances as have been or shall be made by
the general court or assembly ; and all such allowances and payments as
are or shall be directed by any act of this province, to be paid 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
or intents whatsoever ; do unanimously grant unto his most excellent
majesty a tax of four thousand seven hundred and nineteen pounds, 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.

A?id he it enacted hy the Lieutenant- Governour, Council and Hepre-
sentatives in General Court assembled, and by the authority of the same,

[Sect. 1.] That the treasurer do seasonably send out his waiTants,
directed unto the selectmen, trustees or assessors of each respective
town or precinct within this province, requiring them to assess the
sums herein set and proportioned unto such town or precinct, upon all
rateable male polls above the age of sixteen years (except elders of
churches, settled ministers, the president, fellows and students of Har-
vard Colledge, grammar-school masters, and such who, through age,
infinnity or extream poverty, in the judgment of the assessors, select-
men or trustees, are rendred incapable to contribute towards publick
charges), and upon all estates, both real and personal, lying within the
limits and bounds of such town or precinct, and next unto the same
(not paying elsewhere), in whose hands or occupation soever the same
shall be found, in just and equal proportion, as near as may be, accord-
ing to their best judgment and discretion, making no difference as to
the sum set upon j^olls ; all Indian, molatto and negro servants to be
estimated as other personal estate ; and to make a fair list of the assess-
ment of said sum upon the polls and estates within such town or jn-e-
cinct, therein setting forth what each particular person is to j^ay towards
the same, against his or her name respectively. And the said list, so
perfected and signed by them, the said selectmen, trustees or assessors,
or the major part of them, to commit to the collector, constable or con-
stables of such town or precinct, as also to return a certificate of the
name or names of such collector, constable or constables, together with
the sum total of the list, to each of them respectively committed, unto
the treasurer some time before the last day of August next ensuing.
And the treasurer, upon receipt of such certificate, is hereby impowred
and ordered to issue forth his warrant to the said collector, constable
or constables, requiring him or them resjiectively to collect the sum
total of the said list, and to pay the same into the treasury, and issue
the accompts thereof with himselfe, or his successors in said ofiice, at
or before the last day of October next following. And the treasurer is
hereby also directed to send his aforesaid warrants inclosed to the
sheriffe or marshal of each respective county, who is hereby required
immediately to disperse and transmit the same unto the selectmen,
trustees, assessors, constables or collectors of the several towns and
precincts, according to the direction [s] thereof; and for his said service,
charge and expences therein, shall have a reasonable allowance ordered
him by the court of quarter sessions in such county, out of the county
treasury, upon his laying the accompt thereof before them.

And be it further enacted by the authority aforesaid,

[Sect. 2.] That each town and precinct within this province shall
be assessed and pay as its proportion to this present tax the sum[s]
hereafter following ; that is to say, —

[1st Sess.]

Province Laws. — 1697.

279

IN THE COUNTY OF SUFFOLK.

Boston, nine hundred and ten pounds,
Roxbury, seventy-eight pounds,
Dorchester, one hundred and ten pounds,
Milton, forty-six pounds ten shillings,
Brantrey, seventy-eight pounds,
Weymouth, fifty pounds,
Hingham, seventy-eight pounds,
Dedham, fifty-eight pounds ten shillings,
Medfield, forty-two pounds, .
Wrentham, twelve pounds,
Mendon, nine pounds,
Hull, twenty-five pounds,

IN THE COUNTY OF ESSEX.

Salem, two hundred pounds, .

Ipswich, two hundred and fifteen pounds,

Newbury, one hundred and fifty pounds,

Salisbury, thirty-four pounds, .

Aimsbury, twelve pounds,

Haverhill, thirty-six pounds, .

Andover, fifty-three pounds, .

Bradford, eighteen pounds,

Topsfield, thirty-six pounds, .

Marblehead, eighty pounds,

Lynn, eighty-four pounds,

Wenham, forty pounds, .

Beverly, sixty pounds,

Glocester, thirty-nine pounds,

Manchester, nine pounds,

Rowley, fifty-foure pounds

Boxford, thirty pounds, .

IN THE COUNTY OF MIDDLESEX

Charl[e]stown, one hundred and forty pounds,

Cambridge, ninety-five pounds,

Watertown, one hundred thirty-one pounds,

Newto[io]n, fifty-two pounds,.

Sudbury, sixty pounds, .

Marlborough, forty pounds,

Medford, eighteen pounds,

Ma[u]lden, forty-five pounds, .

Woob[o]urn[e], seventy-two pounds,

Reading, fifty pounds,

Billerica, twenty-five pounds, .

Chelmsford, thirty-five pounds,

Concord, seventy pounds,

Stow, six poimds, ....

Groton, sixteene pounds,

Lanc[Ae][a]ster, thirteene pounds, .

Sherbo[?<]rn[e]), twenty-fire pounds,

Framingham, eight pounds,

IN THE COUNTY OF HAMPSHIKE

Springfield, fifty-three pounds,
Northampton, fifty-one pounds,
Hadley, thirty-six pounds,
Hatfield, thirty-one pounds,
Southfield, tenn pounds,

£910 05. Od.

78 0 0

110 0 0

46 10 0

78 0 0

50 0 0

78 0 0

58 10 0

42 0 0

12 0 0

9 0 0

25 0 0

200 0 0

215 0 0

150 0 0

34 0 0

12 0 0

36 0 0

53 0 0
18 0 0
36 0 0
80 0 0
84 0 0
40 0 0
60 0 0
39 0 0

9 0 0

54 0 0
30 0 0

140 0 0

95 0 0

131 0 0

52 0 0

60 0 0

40 0 0

18 0 0

45 0 0

72 0 0

50 0 0

25 0 0

35 0 0

70 0 0

6 0 0

16 0 0

13 0 0

25 0 0

8 0 0

53 0 0

51 0 0

36 0 0

31 0 0

10 0 0

280

Province Laws. — 1697.

[Chap. 6.]

Westfiekl, nineteene pounds, £19 Os. Oc7.

Enfield, three pounds, 3 0 0

IN DUKES COIINTT.

Edgartown, twenty-two pounds, 22 0 0

Tisbuiy, fourteen pounds, . . . . . . 14 0 0

Chilmark[e], fourteen poimds, 14 0 0

Nantuckett, fifty pounds, 50 0 0

IX THE COU?<rTY OF Pl[ r][l]MOIJTH.

Pl[y][i]mouth, fifty-five pounds, 55 0 0

Situate, eighty pounds, 80 0 0

Marshfield, forty-three pounds, 43 0 0

Duxb['?«'y][or6], thirty-nine pounds, . . . . 39 0 0

Bridge water, thirty-seven pounds, 37 0 0

Middlebor[o!^^^][6], thirteene pounds, . . . . 13 0 0

IX THE COUNTY OP BARNSTABLE.

Barnstable, sixty-five pounds, 65 0 0

Yarmouth, forty-one pounds, 41 0 0

Eastham, forty-two pounds, 42 0 0

Sandwich, fifty pounds, 50 0 0

Falmouth, twelve pounds, 12 0 0

Manamo[?'i5][y], twelve pounds, 12 0 0

Rochester, eight pounds, . . . . . . 8 0 0

Harwich, twenty pounds, 20 0 0

IN THE COUNTY OF BRISTOL.

Bristol, thirty-five pounds, 35 0 0

Taunton, sixty-five pounds, 65 0 0

Dartmouth, sixty pounds, 60 0 0

Freetown, eight pounds, 8 0 0

Rehoboth, fifty-one pounds, 51 0 0

Swan[s][z]ey, forty-eight pounds, 48 0 0

Little Compton, thirty-eight pounds, . . . . 38 0 0

Tiverton, twelve pounds, 12 0 0

Attleborough, eight pounds, . . • . . . 8 0 0

IN THE COUNTY OF YOEK[e].

York[e], three pounds, 3 0 0

Wells, three pounds, 3 0 0

Kittery, twenty pounds, 20 0 0

And be it further enacted hy the authority aforesaid^
[Sect. 3.] That the selectmen or trustees in each and every of the
respective towns and precincts before mentioned shall be the assessors
of the same for the sum proj^ortioned and set ujDon them in and by this
act, and shall take the oath following ; that is to say, —

You, A. B., being an assessor for the town of C. for this present tax, do swear
that in the discharge of said trust you will deal impartially and equally tlierein,
in proportioning the sum to be assessed upon the said town, after the best of your
discretion and judgment. So help you God, &c.

"Which oath the toAvn clerk of each town or precinct, when there is
no justice of the peace, is hereby impowred to administer. And if in
any of the tOAvns, precincts or places above mentioned, there are no
selectmen or trustees, the inhabitants thereof are hereby required forth-
with to choose selectmen or assessors for the proportioning and assessing

[1st Sess.] Province Laws.— 1697. 281

the sum in and by this act set upon such town, precinct or place, who
shall also take the oath above mentioned. And every assessor attend-
ing the service aforesaid shall be paid by the town treasurer, or out of
the town stock, two shillings i^r dietn for each day he necessarily
attends said service.

And he it further enacted by the authority aforesaid,

[Sect. 4.] That if the selectmen or assessors of any town or pre-
cinct shall neglect or refuse to perform the service required of them by
this act, they shall 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 assessors, by warrant from the treas-
urer directed to the sheriff or marshal of the county in which such town
or precinct lies ; 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 respec-
tively hereby required, shall be liable and subject unto the like pains,
penalties and forfeitures, to be prosecuted and recovered of them in the
same way and manner as in and by any act or acts of the general assem-
bly, or any clause, branch or article thereof are set, declared and pre-
scribed.

And he it further enacted hy the authority aforesaid,

[Sect. 5,] That the assessors in each town or precinct shall assess
the estates lying within the same by one general rule as near as may
be ; and if any person shall be agrieved at the sum set upon him as his
proportion towards this tax, such person making application unto the
assessors and demonstrating that he is rated more than his proportion
to the sum set upon their town, said assessors [shall] ease him, and if
they refuse so to do, then the person agrieved, complaining unto the
next general sessions of the peace within that county, and making
ai)pear that he is assessed more than his proportion as aforesaid, shall
be heard and relieved by the justices in said sessions, and be reimbursed
out of the town treasury so much as they shall see cause to abate him.

And for the better enabling the treasurer to enforce the bringing in
the moneys herein gi'anted, —

J5e it enacted hy the authority aforesaid,

[Sect. 6.] That the treasurer be and hei*eby is impowred to take,
use and exercise as well all such rules, directions, powers and authori-
ties as have heretofore been given him in and by any act or acts of the
general assembly, or in any clause, branch or article thereof, as in and
by this present act, for the obtaining and drawing into the treasury the
money herein granted, as fully and effectually as if the same directions,
powders 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. \_Passed June 16 ; puhlished June 19.

CHAPTER 7

AN ACT FOR THE FURTHER CONTINUING OF THE ACT FOR WRITTS AND

PROCESSES.

Be it enacted and declared hy the Lieutenant- Governour, Council and
Representatives in Genercd Court assemhled, and hy the authority of
the scon e, 1602-3, chap. 36.

[Sect. 1.] That the act entituled "An Act for the establishing of The act for
presidents and formes of writts and processes," and all and singular'the pVJces'^e^con-
formes, articles, clauses, matters and things therein contained, "with the tinued.

282

Province Laws. — 1697.

[Chap. 8.]

Writs to bear
the style of the
king, and to be
issued in his
name only.

SeelC98,ch.4,
note, post.

Continuance of
writs.

Concord court
adjourned.

alterations and amendments heretofore made, and such other as are
hereinafter mentioned, be and hereby are further revived and continued
to abide and remaine in full force and virtue untill the tenth day of
December next ensuing, and no longer : lyrovided., nevertheless^ that all
writts and processes shall bear the stile of the king, and be issued in
his name only.

Promdec\ also, that the words "forty pounds sterling" in the precept
to be issued by the sheriffs or marshals respectively for electing of
rei^resentatives to serve in the generall assembly be and hereby are
altered; and that the words "fifty pounds sterling" be inserted instead
thereof in the said precepts to be hereafter issued, any foi-mer law,
usage or custom to the contrary notwithstanding.

And be it further declared and enacted by the authority aforesaid,
[Sect. 2.] That all pleas, writts, actions, suits, recognizances,
plaints, processes, precepts and other things whatsoever that were or
are returnable, had or have day or dayes in any of the inferiour courts
of common pleas or courts of generall sessions of the peace within this
province, or in the superiour court of judicature, court of assize and
generall goal delivery, not yett determined, shall be and are hereby
revived and continued to abide and remaine in full force and virtue, the
act for establishing of courts since anew made notwithstanding ; and
all partys haveing day by any such pleas, writts, bills, actions, suits,
plaints, process, precepts or recognizances at or in any of the said
courts shall respectiA'cly appear at such court, under the penalty of for-
feiting any obligations or recognizances conditioned for the apjicarance
of the said parties at such court, or under any other penalty that might
have incurred upon the said parties for not appearing at the said court,
the said act for establishing of courts since ancAV made notwithstanding :
•provided, that the court of general sessions of the peace, and inferiour
court of common pleas to have been holden at Concord, for the county
of Middlesex, on the second Tuesday of this present month of June,
and was adjourned unto Tuesday, the twenty-second day of the same
month, be and hereby is further adjourned unto the second Tuesday in
July next, then to be held and kept for this time. [ Passed and pub-
lished Ju7ie 19.

CHAPTER 8.

Justices of the
peace to grant
summons,
capias or at-
tachment for
matters triable
before them.

Fee for a writ
and serving.

AN ACT IMPOWRING JUSTICES OF THE PEACE TO DECIDE DIFFERENCES
NOT EXCEEDING FORTY SHILLINGS.

J3e it enacted and ordained by the Lieutenant- Governour, Council
and Representatives convened in Genercd Assembly, and it is hereby
enacted and ordained by the authority of the same,

[Sect. 1.] That all manner of debts, trespasses and other matters,
not exceeding the value of forty shillings (wherein the title of land is
not concerned), shall and may be heard, tryed, adjudged and deter-
mined, by any of his majestie's justices of the peace within this prov-
ince, in their respective precincts, who are hereby impowred, upon
complaint made of any such debt[s], trespass or other matter, as afore-
said, to grant summons, capias or attachment against the party com-
plained of, directed to the sheriiF or marshal of the county, or either
of their deputies, or constables of the town wherein such party lives ;
for which summons, capias or attachment the justice shall be paid one
shilling, and the ofiicer for serving the same one shilling, and no more.
And in case of non-appearance upon summons duely served, being so

[1st Sess.] Province Laws.— 1697. 283

returned by the officer, such justice may issue out a warrant of con-
tempt, directed to the sheriff", or marshal, or other officer, as aforesaid,
to bring the contemner before him, as well to answer the said contempt
as the plaintiff''s action, and may (if he see cause) fine such contemner Fine for con-
not exceeding ten shillings, to be accounted for to the treasurer of the appear^g upon
county towards defraying of county charges; and after judgment given summons,
in any case, may grant an execution or Avarrant of distress, directed to
the sheriff", [or] marshal or other officer as aforesaid, to levy the said fine,
debt or damage, with charges upon the defendant's goods or chattels.
And such officer, by virtue thereof, shall expose the same to sale,
returning the overplus (if any be) to the defendant, and for want of
such distress, to take the body of the defendant, and him to carry and
convey to the common goal of the county or precinct, there to remain
until he hath satisfied the said fine, debt or damage, with charges.
And in case such complainant be nonsuited, or judgment jiass against
him, then the said justice is hereby impowred to assess to the defend-
ant reasonable costs against such complainant, to be levied and recov-
ered in manner and form above expressed : provided, ahcays. that all Writs to be
summons, capias or attachments before such justice of the peace shall days before
be served and executed at least seven days before the time of tryal or *"'^'-
hearing.

Provided, also, that the party agrieved sliall have liberty to appeal ^"jp^^'glf^ ^
to the next inferiour court of common pleas to be holden for the pcaitotue
same coimty, he entring into recognizance, with one sufficient surety, i'Massf458"'^*'
in the value of the debt or damage sued for, and sufficient to answer note.
all costs, to prosecute the said appeal there with effect, and to abide ^^^'
the order of [the'] said court, where such case shall be tryed and receive
a final issue and determination.

[Sect. 2.] And the party appealing shall bring the copies of the ?arty appeal-
whole case to the courts ajipealed to, where each party shall be allowed tuf whole case,
the benefit of any further plea or evidence ; and if, upon such new plea
or evidence, the judgment happen to be reversed, the appellant shall
have no costs granted for the first tryal ; and such appellant shall also Reasons of ap-
give in the reasons of his appeal unto the justice appealed from, in fn sev'eu dlyV
writing, seven days inclusively before the sitting of the court appealed before the trial,
to. And all justices are hereby required to keep fair records of all
their proceedings from time to time.

And be it further enacted by the authority aforesaid,

[Sect. 3.] That the clerk of any toAvn within this province, may Clerks of towns
and hereby is impoAvred to grant replevins, summons or attachments in,^&cf * "^^^ ^^'
for any matter or cause tryable before any justice of the peace, and 8 Alien, 40i.
summons for witnesses, and to direct the same to the constables of such
toAvn, or to the party to be summoned for witness respectively ; and
the constable or constables are hereby required to execute such replev-
ins, summons or attachments accordingly, and to make due return
thereof. [Passed June 18 ; jmblished June, 19.

CHAPTER 9.

AN ACT FOR ESTABLISHING OF COURTS.

For tlie establishment of courts of justice throughout this proA'ince, Disallowed by
as well in respect of the times and places for holding of the same as cn*^ ^oV ^'a" '^*
for the orderly regulating the proceedings therein, — 1698.

Be it enacted and ordained by the Lieutenant-Qovernour, Council see 1692-3,
and Pepreseiitatives convened in General Assembly, and it is hereby chap. 33.
enacted and ordained by the authority of the same^

284

Province Laws. — 1697.

[Chap. 9.]

Times and pla-
ces for holding
of the general
sessions of the
peace.

Times and
places for
holding infe-
rior courts of
pleas.

Appeals al-
lowed to the
superior court.

Liberty of re-
view in eigh-
teen months
next, and not
afterwards.

Review in the
inferior court.

Writ of error
afterwards.

Party appealing
or taking out a
writ of error to
give security.

[Sect. 1.] That there shall be held and kept in each respective
county within this province, yearly, at the times and places hereafter
named and expressed, a court of general sessions of the peace, by the
justices of the jDcace of the same county, or so many of them as shall
be limited in the commission for the peace, who are hereby impowred
to hear and deteiinine all matters relating to the conservation of the
peace, and punishment of offenders, and whatsoever is by them cogni-
zable according to law, and the times and places for the holding and
keeping the said courts within the respective counties, shall be as fol-
lowetli ; that is to say, for the county of Suffolk, at Boston, on the first
Tuesdays in July, October, January and April; for the county of
Essex, at Salem, on the last Tuesdays in June and December, at New-
bury, on the last Tuesday in September, and at Ipswich, on the last
Tuesday in March ; for the county of Middlesex, at Cambridge, on the
second Tuesday in September, at Charl[e]stown, on the second Tuesday
in December and March, and at Concord, on the second Tuesday in
June; for the county of Plimouth, at Plimouth on the third Tuesdays
in September, December, March and June ; for the county of Barn-
stable, at Barnstable on the first Tuesdays in July, October, Jantiary
and April ; for the county of Bristol, at Bristol on the second Tuesdays
in July, October, January and April ; for the county of York, at Wells
on the first Tuesday in July, and at York on the first Tuesday in Jan-
uary; for the county of Ham [p] shire, at Northampton on the first Tues-
day in September, and at Springfield on the first Tuesday in March ;
for Dukes County, at Edgartown on the first Tuesday in October, and
on the last Tuesday in March ; and for the Island of Nantucket, at said
island on the first Tuesday in October, and on the last Tuesday in
March yearly, from time to time.

And be it further enacted hy the authority aforesaid,
[Sect. 2.] That at the times and places before mentioned, there
shall be held and kept in each of the said respective counties, and Island
of Nantucket, an inferiour court of common pleas, by four of the jus-
tices of and residing within the same county, and island, respectively,
to be appointed and commissionated thereto, any three of whom to be
a quorum, for the hearing and determining of all cIatlI actions arising or
happening within the same, tryable at the common law, of what nature,
kind or quality soever, and upon judgment given therein to award
execution.

And he it further enacted hy the authority afwesaid,
[Sect. 3.] That it shall be in the liberty of the party agrieved at
any judgment given in any of the said inferiour courts, to appeal there-
from unto the next superiour court to be held within or for the same
county; and upon judgment given at the said superiour court upon such,
action of appeal it shall be lawful for either party apjoellant or defend-
ant, within the space of eighteen months next after such judgment
given, and not afterwards, to review such action by process out of the
same court once, and no more, the case upon such action of review to
be finally issued and determined ; or otherwise the party agrieved at
any judgment given in any of the said inferiour courts may, by a new
process, once and no more, \to'\ review the said case in the same court
where it was first tryed, and within the space of one year next after
judgment given upon such tr^^al by review, the party agrieved may
bring his writ of error for a tryal of the said case at the superiour
court to be held within or for the same county, there to receive a final
issue and determination : provided, that the party appealing or bring-
ing any writt of error as aforesaid, shall first enter into recognizance,
with sufiicient sureties, if upon appeal, before one or more of the justices
of the court appealed from, in a reasonable sum, that he will prosecute
such aj)peal with effect ; and if ujjon a writ of error, before one or more

[1st Sess.] Province Laws. — 1697. 285

of the justices of the superiour court, in the value of the debt or dam-
age recovered, that he will prosecute such writ of error with effect and
abide the order of the court thereupon.

Provided^ also, that no appeal shall be admitted after the time of the ^{.fg^^i^ ^%
court's sitting, nor after execution granted, and that the party appealing the court's sit-
shall bring copies of the whole case unto the superiour court appealed tion'cranfed"'
to, where each party shall be allowed the benefit of any new and farther
plea and evidence ; and if upon such new pica and evidence the judg-
ment happen to be reversed, the aji^^ellant shall have no costs granted No costs grant-
him for the first tryal ; and further, that every aj^jpellant as aforesaid tri.ai"wherethe
shall give in a declaration briefly setting forth the- reasons of his appeal judgment is re-
unto the clerk of the court appealed from, fourteen days, inclusively, pfeaOT evi-"^*^^
before the sitting of the court where such apj^eal is to be tryed. cience.

Atid be it further enacted hj the authority aforesaid,

[Sect. 4.] That there shall be a superiour court of judicatui-e, court Superior court
of assize and general goal delivery, over this whole province, to be held and'court'o/
and kept, annually, at the respective times and places hereinafter men- assize,
tioned, by one chief justice and four other justices to be appointed and
commissionated for the same, any three of whom to be a quorum, who
shall have cognizance of all pleas, real, personal or mixt, as well in all
pleas of the crown, and in all matters relating to the conservation of
the peace, and punishment of offenders, as in ci\Til causes or actions
between party and party, and between his majesty and any of his sub-
jects, whether the same do concern the realty, and relate to any right
of freehold and inheritance, or whether the same do concern the per-
sonalty, and relate to matter of debts, contract, damage or personal
injury, and also in all mixt actions which concern both realty and per-
sonalty ; and after dehberate hearing, to give judgment and award
execution thereon.

And be it further enacted by the authority aforesaid,

[Sect. 5.] That the justices in any of the courts aforesaid, where Po^er to chan-
the forfeiture of any penal bond shall be found, shall be and are hereby auy penal bond,
impowred, in the entring up of judgment in such case, to chancer the
same unto the just debt and damages : provided, alicays, that when Liberty of ra-
the original j^rocess in civil causes is made out of the superiour court, pjfri^j'court!'^"
the party agrieved at the judgment thereon given shall have liberty to
revicAV his case in the said superiour court once and no more, and that
all persons which shall bi'ing any action of review to the superiour or
inferiour court respectively shall lay the whole case before the court
where such action of review is to be tryed.

Provided, also, that either party not resting satisfied with the judg- Appeal to hia
ment or sentence of any of the said judicatories or courts of justice in council,
personal actions, w^here the matter in difference doth exceed the value
of three hundred pounds sterling, may appeal unto his majesty in
council, such appeal being made in time, and security given according
to the directions in the charter in that behalf.

And be it further enacted by the authority aforesaid,

[Sect. 6.] That the said superiour court of judicature, court of JeTof iioidiu^^
assize and general goale delivery shall be lield and kept at the times the superior °
and places within the respective countys as followeth ; that is to say, ^°^^^'
within and for the county of Suffolk, at Boston, on the last Tuesdays in
October and April; within and for the county of Essex, at Salem, on
the second Tuesday in November, and at Ipswich, on the third Tues-
day in May ; Avithin and for the county of Middlesex, at Cambridge on
the last Tuesday in July, and at Charlstown on the last Tuesday in
January ; for the counties of Plymouth, Barnstable, Bristol and Dukes
County, at Bristol on the second Tuesday in September, and at
Plimouth on the second Tuesday in March.

286

Province Laws. — 1697.

[Chap. 9.]

Appeals from
Hampshire,
York and Nan-
tucket to be at
Boston or
Charlestowu.

Court of assize
to be liekl in
the said places,
as occasion
shall be.

Plaintiff's lib-
erty to begin
his suit eitlier
in the inferior
or superior
court.

Processes and
writs to issue
out of the
clerk's office.

Such process to
run through
the province.

Town clerks
may grant sum-
mons for wit-
nesses.

Judgment to
be entered up
upon default.

Matters and is-
sues in fact to
be tried by a
jury.

Jurors, how to
be chosen.

And be it further enacted,

[Sect. 7.] That the tryal of all civil causes by appeal, from any
of the inferiour courts within the respective county s of York[e] and
Hampshire, and the Island of Nantucket, or by writt of error, shall be
in the superiour court to be held at Boston or Charl[e]stown, and that
there be held and kept a court of assize and general goale delivery for
the respective counties and places of York[e], Hampsliire, and the Island
of Nantucket aforesaid, within the same, from time to time, as the gov-
ernour and council, advising with the justices of the said court, shall
direct and appoint, according as occasion may be.
A7id be it further enacted by the authority aforesaid,
[Sect. 8.] That it shall be in the liberty of any plaintiff to begin
his suit either in the inferiour or superiour court, at his pleasure : 2yro-
vided, nevertheless, that no action under the value of forty shillings
shall be brought into any of the inferiour courts, nor any action under
the value of ten pounds into the su23eriour court, unless where freehold
is concerned, or upon appeal.

And be it further enacted by the authority aforesaid,
[Sect. 9.] That all processes and writts shall issue out of the
clerk's office of the said respective courts in his majesty's name,
under the seal of the said office, to be signed by the clerk, and directed
to the sheriff or marshal of the county, his undersheriff or deputy, and if
such writt or process be against the sheriff or marshal, to be directed
to the coroner of such county, who is hereby impowred to execute the
same ; and where the sum sued for is under ten pounds, may be also
directed to the constables of the towne. And writts, as well original
as judicial, issuing out of the clerk's office of the superiour or inferiour
courts respectively, shall run into any county within this province, and
be there executed by the officer or officers of such county to whom
they are directed : 'provided, nevertheless, that the clerk of each town
respectively within this province, as well as the clerk of the said
respective courts, may and hereby is impowred to grant summons for
witnesses in civil cases, directed to the party to be summoned for wit-
ness, requiring him or them to appear at the superiour or inferiour
court respectively. And all processes for appearance, as well in the
inferiour court of pleas, as the suiDcriour court of judicature, shall
be served and executed fourteen days before the sitting of the court
wherein such writ or process shall be returnable. And all j^roper
original processes in the said courts shall be summons, capias or attach-
ment. And in case upon any such process duely served, and return
thereof made into court, the defendant do not appeare, by himselfe or
his attourney, his default shall be recorded, and judgment entred up
against him thereupon, unless before the jury be dismist he shall come
into court and move to have a tryal ; in which case he shall be admit-
ted thereunto, first paying down unto the adverse party double the
costs he has then been at so far, and the plaintiff shall make a new
entry.

And be it further enacted by the authority aforesaid,
[Sect. 10.] That all matters and issues in fact arising or happening
in any county or place within this province shall be tryed by twelve
good and lawful men of the neighbourhood, to be chosen in manner
following ; that is to say, that the clerk of each court respectively, in
convenient time before the sitting of such court shall issue out warrants
directed to the constables of the several towns within the count}*, or
jurisdiction of said court, or the most principal of them, requiring them
to assemble the freeholders and other inhabitants of such town, quali-
fied as in and by his majesty's royal charter is directed, to elect and
choose so many good and lawful men as the warrant shall direct, to
serve as jurors at such com-t, and the constable shall summon the per-

[1st Sess.] Province Laws.— 1697. 287

sons so chosen, to attend accordingly at the time and place appointed, Penalty on con-
and make timely retuni of his Avarrant imto the clerk that granted the making return
same, on pain that every constable failing of his duty herein shall forfeit Pfj^js"^*^^^ ^°'"
and pay as a fine unto the county treasurer for the ixse of the county
the sum of forty shillings. And no person serving as a justice, juror, ceremony to
witness or otherwise, shall be obliged to use any other ceremony in 3^"^^^^^^
taking of their respective oaths, than lifting up the hand, as has been
accustomed.

And be it further enacted by the authority aforesaid,

FSect. 11.1 That the iustices of the said several courts be and are Courts to make

11-Tx 1 1 iix-xi, necessary rules

hereby mipowred to make necessary rules and orders tor the more and orders.

orderly practising and proceeding in said courts : provided, they be not

repugnant to the laws of this province, and that no summons, process,

writt, judgment or other proceeding in courts or course of justice

shall be abated, arrested or reversed upon any kind of circumstantial No process,

ei-rors or mistakes, where the person and case may be rightly under- Tbat'ed °for°cir^-

stood and intended by the court, nor through defect or want of forme cumstantiai

* . • error*

only. And all writts, processes, declarations, indictments, pleas, an-
swers, replications and entries in all the said courts shall be in the ^ be^in tiie''''
English tongue, and no other. And it shall be in the liberty of the English tongue,
plaintiff or defendant in any of the said courts to jDlead or defend his
own cause in his own proper person, or with the assistance of such
other as he shall procure, being a person not scandalous or otherwise
offensive to this court. And attourneys' fees to be allowed at the supe- Attorneys' fees.
riour court of judicature shall be twelve shillings, and at the inferiour
court, ten shillings, and no more ; and but one attoumey to be paid for
in any case.

And be it further enacted,

TSect. 12.1 That two shillings per diem shall be accounted due witnesses ai-

>: r. ,. ,-^ ., /« 1 • i 1 J 1 allowances per

satisiaction to any witness tor his travel and expences, and no more, diem.
to be allowed in civil causes. And if such witness live within three
miles of the place of the court's sitting wdiereto he is summoned,
and be not to pass any ferry, then one shilling and sixpence ^:)er diem
shall be accounted sufficient. And if any person or persons upon wdiom Penalty for
any lawful process or summons shall be served to testify, depose or give appearing,
evidence concerning any cause or matter depending in any of the said
courts, and having tendred unto him or them such reasonable sums of
money for his or their costs and charges as, having regard to the dis-
tance of the places, is necessary to be allowed in that behalfe do not
appear according to the tenour of the process or summons, having no
lawful or reasonable let or impediment to the contrary, that then the
party so making default shall, for every such offence, lose and forfeit
forty shillings, and shall yield such further recompence to the party
agrieved, according to the loss and hindrance that he shall sustain by
reason of the non-appearance of the said witness or witnesses ; the said
several sums to be recovered by the party so agrieved against the
offender or offenders by action of debt, bill, plaint or information in
any of his majesty's courts of record, wherein no essoign, protection
or wager of law to be allowed. \_Passed and published Jime 19.

" The Act entitulcd An AH for estahlisliing of Courts, providing, amongst other things, that all
matters and issues in fact shall be trj-ed by a jury of Twelve men, has, in that particular, been
looked upon to be directly contrary to the intention of the Act of Parliament, passed here in the
7tii ^ gtb years of his Majesty's Reign, entituled An Act for preventing frauds and regulating
abuses in the Plantation Trade, by which it is provided that all causes retating to the breach of
the Acts of Trade may, at the pleasure of the Officer or Informer, be trj'ed in the Court of Ad-
miralty, to be held in any of his Majesty's Plantations, respectively, where such Offence shall
be committed ; Because the method of tryal in such Courts of Admiralty is not by Juries of
twelve men, as by the forementioned Act for establishing of Courts is directed ; Upon which
occasion we further add that it is necessary }'our Lordship take especial care that the intent of
the forementioned Act of Parliament relating to Courts of Admiralty in the Plantations, be duly
complied with in that Province of the Massachusetts Bay." — Letter from the Board of Trade
to Bellomont, Feb. 3, 1698-9.

288 Province Laws.— 1697. [Chap. 10.]

CHAPTER 10.

AN ACT FOR INCORPORATING HARVARD COLLEDGE, AT CAMBRIDGE,
IN NEW ENGLAND.

Disallowed by "Whereas there liath been for many years in the town of Cambridge,
di! November^" i^ the county of IVIiclcllesex, within his majesty's province of the Mas-
24, 1098. sacliusctts Bay, in New England, a society commonly known by the

See 1092-3, name of Harvard Colledge, wliere many persons of known wortli have,
chap. 10. by the blessing of Almighty God, been educated and the better fitted

for pnblick employments, both in the church and in the civil state ; and
whereas due encouragement of good literature, arts and sciences will
tend to the honour of God, the advantage of the Christian protestant
religion, and the great benefit of his majesty's subjects inhabiting this
province, both in the jiresent and succeeding generations ; and consid-
ering that many persons have bestowed legacies, gifts, hereditaments
and revenues on the said college, —

-Z?e it enacted and ordained hy the Lieutenant- Governour, Council and
Representatives in General Court assembled^ and hy the cmtJiority of the
same,

[Sect. 1.] That the said colledge at Cambridge, in the county of
Middlesex, aforesaid, shall henceforth be a corporation consisting of
seventeen persons ; that is to say, a president, vice-president, fourteen
fellows, and a treasurer. And that Increase Mather shall be the first
president, Charles Morton, vice-president, and James Allen, Michael
Wigglesworth, Samuel Torrey, Samuel Willard, Nehemiah Hobart,
Peter Thachcr, John Danforth, Cotton Mather, John Leveret, William
Brattle, Nchemiah Walter, John White, Paul Dudley, and Benjamin
Wadsworth, masters of art, shall be the fourteen fellows, and Thomas
Brattle, master of art, the treasurer ; all of them inhabitants within
the said jDrovince, and the first seventeen persons whereof the said cor-
poration shall consist ; which said Increase Mather, Charles Morton,
James Allen, Michael Wigglesworth, Samuel Torrey, Samuel Willard,
Nehemiah Hobart, Peter Thacher, John Danforth, Cotton Mather, John
Leveret, William IBrattle, Nehemiah Walter, John White, Paul Dudley,
Benjamin Wadsworth, and Thomas Brattle, and their successors, shall
forever hereafter be one body politick and corporate in fact and name,
to all intents and purposes in law, by the name of the President and
Fellows of Harvard Colledge in New England, and that by that name
they shall have perpetual succession, and by the same name they and
their successors shall and may be capable and enabled as well to implead
as to be impleaded, and to iDrosecute, demand, and answer, and be an-
swered unto, in all and singular suits, causes, quarrels, and actions, of
what nature and kind soever ; and also to have, take, acquire, and pur-
chase, or receive upon free gift or donation, any lands, tenements, or
hereditaments, within the province aforesaid, not exceeding the value
of three thousand pounds per annum, and any goods, chattels, sum or
sums of money, whatsoever, to the use and behoofe of the said corpo-
ration ; and the same to lease, grant, demise, im2)loy and dispose, and
the revenues, issues, and profits thereof, for the encouragement of learn-
ing, and of the president, fellows, schollars and officers of the said col-
ledge, as also for accommodation of buildings, books, and all other
necessary provisions and furniture as may be for the advancement and
education of youth in all manner of good literature, arts and sciences :
provided, that all the said disposals be according to the will of the
donors.

[Sect. 2.] And the said president and fellows and their successors
may have forever one common seal, to be used in all causes and occa-

[1st Sess.] Province Laws.- 1697. 289

sions of the corporation ; and the same seal may alter, change, break,
and new-make from time to time, at their pleasure.
And be it further enacted and declared hy the authority aforesaid^
[Sect. 3.] That the said corporation shall be and hereby are au-
thorized and impowred to elect a new president, vice-president, fellows
and treasurer when and so often from time to time as any of the said
persons shall dye or bo removed. The president, vice-president, fellows
and treasurer, or any of them being removable for disability or misde-
meanour, and may be displaced by the corporation ; saving to the party
grieved his appeal to the visitors. A vice-president to be annually
elected, althougli not occasioned by death or removal, as aforesaid.
And when any of the members of the said corporation shall settle him-
selfe without tlie bounds of this province, he shall be ipso facto dismist,
and no longer continue to be of the corporation, and his place be sup-
plied by the election of a new member.

[Sect. 4.] And the president for the time being, or in case of his
death or absence the vice-president, shall and may from time to time
appoint and order the assembling and meeting together of the said cor-
poration to consult, advise of, debate, and direct the affairs and businesses
of the said corporation, to choose officers and menial servants for the
said colledge, and them also to remove, and upon death or removal to
choose such others, and to make statutes, orders and by-laws for the
better ordering the affiiirs and government of the said colledge or accad-
emy, so as such orders, statutes and by-laws be not repugnant to the
laws of this province. And any nine or more of the members of said
corporation, together with the president or vice-i^resident being so assem-
bled, shall be taken, held and reputed to be a full, sufficient and lawful
assembly, for the handling, ordering and directing of the affiiirs, busi-
nesses and occurrences of the said corporation. And, in case of the
death, removal or absence of the president and vice-president, the senior
fellow, for the time being, may call and hold a corporation meeting,
until the return or new election of a president or vice-president : pro-
vided, nevertheless, that no meeting shall be held for the displacing or
new election of any member or members of the corporation, fellows of
the house, or the making of statutes, orders or by-laws, for ordering of
the affiiirs and government of the said colledge, without summoning a
general meeting, as aforesaid, for such purj^ose, each member of the
corporation to be notified, cither verbally or in writing, eight days at
least beforehand, of the time and occasion of calling such meeting.
And in the passing of all votes and acts of the said corporation, in any
of their meetings, the determination shall be made by the major part,
the i^resident to have a casting voice in case of an equivote.
And it is further declared hy the authority cforesaid,
[Sect. 5.] That, after this act shall be confirmed, the president, as
well as all the fellows receiving salary, shall reside at the colledge, and
that no one shall enjoy a fellowship with salary for more than seven
years, except continued by a new election. And that the liousing and
lands in Cambridge aforesaid, belonging to the said corporation, and
being in the personal occupation of the president and fellows residing
at the colledge, shall be free from all province or county rates and taxes.
And that the president, fellows and schollars, with the servants and
necessary officers to the president and schollars appertaining, who shall
reside at or be constantly imployed in services for the colledge (which
servants and officers are not to exceed ten ; viz., three to the president,
and seven to the colledge belonging,) shall be exempted from all per-
sonal civil offices, military exercises, watchings and wardings.

A7id ichereas it is a laudable custom in universities, whereby learning
has been encouraged and advanced, to confer accademical degrees or
titles on those who, by their good manners and proficiency as to knowl-

290 Peovince Laws.— 1697. [Chap. 11.]

edge in tlieology, law, physick, mathematicks, or philosophy, have been
judged worthy thereof, —

JBe it further enacted by the authority aforesaid,

[Sect. 6.] That the president and fellows of the said colledge shall
have power, from time to time, to grant and admit to accademical de-
grees, as in the universities in England, such as in respect of learning
and good manners they shall find worthy to be promoted thereunto.

And ichereas there have been at sundry times and by divers persons
gifts, grants, devises, of houses, lands, tenements, goods, chattels, lega-
cies and conveyances, heretofore made unto the said colledge, or to the
president or fellows thereof successively, —

[Sect. 7.] The said gifts, grants, devises, legacies and conveyances
are hereby forever ratified and confirmed according to the true intent
of the donor or donors, grantor or grantors, devisor or devisors.

And, in order to the preventing of irregularities, and for the more
assurance of the well government of said colledge, we pray his majesty
that it may be enacted ; and, —

It is hereby enacted and declared,

[Sect. 8.] That his majesty's governour and commander-in-chief of
this province, and the coinicil for the time being, shall be the visitoES
of the said colledge or accademy, and shall have, use and exercise a
power of visitation as there shall be occasion for it. \Passed June 4.

"Amongst the Acts repealed you will find thatyo;- incorporating Earvard Colledge at Cam-
bridge in New England ; And we having thereupon been particularly directed to signify to the
Government of that Province the reason why the said Act has been repealed: We desire your
Lordship to inform the Council and General Assemblj', when there shall be occasion, that it is
because an Act formerly past in that Province to the same purpose having (upon the Report of
the Lords of the late Committee for Trade and Plantations) been repealed, And the reason
thereof signifyed to the Lt. Governor and Council of the sd Province (viz', Because no power
was therein reserved to his Majestic to appoint Visitors for the better regulating of the said Col-
lege, with further intimation to them that the General Assembly might renew the same Act with
a power of visitation reserved to his Majestie and the Governor or Commander-in-Chief of that
Province) Yet, nevertheless, in the passing of this said Act, that direction has not been observed;
But instead thereof the power of visitation is not placed in his Majestie nor singly in his Maj'J'
Governor or Commander-in-Chief, but onely in his Majesty's said Governor or Commander-in-
Chief together with the Council of that Province for the time being; Which is very different
from what was proposed to them to be observed." — Letter fi-om Board of Trade to Bellomont,
ut supra.

[2d Sess.] Province Laws.— 1697. 291

ACT

Passed at the Session begun and held at Boston,
ON THE Eighth day of September, A. D. 1697.

CHAPTER 11.

AN ACT FOR REVIVING OF THE ACT FOR GIVING SUCCOURS AND AS-
SISTANCE TO THE RELIEF OF HIS MAJESTIE'S SUBJECTS IN THE
NEIGHBOURING PROVINCES OR COLONIES.

J3e it enacted by the Lieutenant- Governour, Coimcil and Representa-
tives in General Court assembled., and by the authority of the same.,

That the s*^ act, entitulecl "An Act for givmg succours and assist- 1697, chap. 2.
ance to the relief of his majesty's subjects in the neighbouring prov-
inces or colonies," made and passed by the general assembly at their
session begun and held the twenty-sixth day of May last past, to con-
tinue in force until the end of this present session, be and hereby is
revived and further continued, to abide and remain in full force until
the end of the session of the general assembly in May next, and no
longer, anything in this or the s'* before recited act contained to the
contrary thereof in any wise notwithstanding. \_Passed September 10.

292

Province Laws. — 1697.

[Chap. 12.]

ACTS

Passed at the Session begun and held at Boston
ON the Thirteenth day of October, A.D. 1697.

Fifty pounds
reward for an
Indian scalp.

Ten pounds for
a child under
ten years, be-
sides plunder
and prisoners.

Cure and pen-
sion.

Penalty for pro-
ducing a false
scalp.

CHAPTER 12.

AN ACT FOR ENCOURAGEMENT OF THE PROSECUTION OF THE INDIAN
ENEMY AND REBELS.

Fob encouragement of such as shall voluntarily go forth, in greater
or lesser j^arties, by commission from the governour and commander-in-
chief for the time being of this his majesty's province, in the discovery
and pursuit of the Indian enemy and rebels, —

JBe it enacted by the Lieutenant- Governour, Council and Hepresenta-
tives convened in Genercd Assembly, and by the cmthority of the same,

[Sect. 1.] That there shall be paid out of the publick treasury of
this province unto any party or parties that shall voluntarily go forth
at their own charge, by commission as aforesaid, in the discovery and
I3ursuit of the said Indian enemy and rebels, for every man or woman
of the said enemy that shall be by them slain, the sum of fifty pounds ;
and for every child of the said enemy under the age of ten years that
shall be by them slain, the sum of ten jjounds ; and that such party or
parties shall also liave and keep unto their own use all plunder and pris-
oners by them taken of the enemy ; and that there shall be likewise j^aid
out of the publick treasury for every man or woman of the said enemy
that shall be slain in the defence of any house or garrison attacked or
otherwise, the sum of five pounds ; all which aforesaid payments shall
be made by order of the governour and council, upon producing before
them the scalp of any Indian slain as aforesaid, and ujion oath made of
the time, jjlace and other circumstances relating thereto, and that it is
the scalp of the Indian that was then so slain. And in case any person
or persons shall be wounded in the aforesaid service, he or they shall
be cured at the charge of the publick ; and if maimed or otherwise dis-
abled shall have such stipend or pension allowed unto him or them as
the general court or assembly shall think meet. And the reward
herein before granted shall be equally shared and distributed to and
among all the persons of any party or parties that shall be in company
at the killing any Indian as aforesaid, only the captain to have two
shares and the lieutenant one share and halfe thereof; and the plunder
and prisoners that shall be taken to be distributed in like shares and
proportion, unless where any party or parties shall otherwise agree
among themselves.

And be it further enacted by the authority aforesaid^

[Sect. 2.] That if any person or persons shall produce any scalp not
being an Indian scalp, or that shall not be the scalp of any Indian bona
fide slain in service as aforesaid, with intent to deceive and obtain the
reward herein before granted, and be thereof legally convicted, every

[3d Sess.] ' Province Laws.— 1697. 293

person and persons so offending, if convicted before the payment of the
reward granted by this act for an Indian bona fide slain as aforesaid be
ordered, shall forfeit and pay the full value of such rcAvard, one moiety
thereof unto his majesty for and towards the support of the govern-
ment, and the other moiety to him or them that shall informe and
sue for the same in any of his majesty's courts of record. And if such
person or persons so offending shall have payment made of the said
reward unto him or them, and be afterwards convicted as afoi'esaid, then
such person or persons shall forfeit and pay double the value of the
reward paid for such scalj:), three fourth parts thereof unto his majesty
for and towards the support of the government, and the other fourth
part to him or them that shall informe and sue for the same as before
mentioned. And every person and persons offending and convicted as
aforesaid shall likewise suffer three months' imprisonment without baile
or mainprizc.

Provided^ alioays, and he it further enacted^

[Sect. 3.] That the commission to be granted unto any person or be nS^e^duf ***
persons to go forth upon the said encouragement shall be limited to a time,
certain time, and that no person or persons so commissionated shall
have or claim any exemj^tion or priviledge allowed by law to persons
that have borne commissions.

[Sect. 4.] And all Indians that shall be taken or found on the north limits to in-
side of the road leading from Marlborough to Springfield or within halfe
a mile on the south side thereof, or within twenty miles on the westerly
side of Connecticut River, shall be deemed enemies and treated as such :
provided^ also, that this act shall continue in force until the last day of
June next (if the war so long continue), and not afterwards. [^Passed
Octoher 20 ; publisJied October 21.

CHAPTER 13.

AN ACT FOR REVIVING THE ACT TO PREVENT THE DESERTING OF THE

FRONTIERS.

Whebeas the act entituled " An Act to prevent the deserting of the
frontiers," made and passed by the great and general court or assembly
at the session thereof by adjournment the twenty-seventh day of Feb-
ruary, which was in the year of our Lord one thousand six hundred
ninety-four, expired the twenty-ninth day of June last past, and it being
judged necessary for his majesty's service that the said act be revived
and further continued, —

Pe it therefore enacted by the Lieutenant- Governour, Council and
Pepreseyitatives convened in General Assembly, and by the authority of
the same,

That the said aforementioned act, entituled " An Act to prevent 1094-5, cUap. 25.
the deserting of the frontiers," and all and singular the paragraphs, sen-
tences, clauses and ai'ticles therein contained, bo and hereby are revived
and further continued to abide and remain in full force during this war
and not afterwards, anything in this or the said act contained to the
contrary thereof notwithstanding. [Passed and published October 21.

294

Province Laws. — 1697.

[Chap. 14.]

CHAPTER 14.

AN ACT FOR EASING THE CHARGE, AND THE RELIEF OF PRISONERS

OF WAR.

No French pris-
oners of war to
be landed but

Penalty for
landing any
without such
license.

Forasmuch as a considerable charge has been drawn upon his majes-
ty's subjects within this iDrovince for the rehef and support of French
prisoners of war that liave been brought into the same by his majesty's
shi23S and by private men of war, and divers others that have been
obtruded upon this province from the neighbouring governments,
besides the inconvenience and danger attending by many of the said
French going at large ; for prevention whereof and to the intent that
such prisoners may be sutably relieved and provided for, —

-Se it enacted and declared by the Lieutenant- Gov ernom\ Council
and JRepresentatives in General Court assembled, and by the authority
of the same,

[Sect. 1.] That no commander of any of his majesty's ships or of
any private man of war, or master of any other ship or vessel, bringing
by license from any Freucli prisoners of war into this province shall permit or suffer
le governor. ^^^ ^^ them to comc Oil shore or be landed Avithin the same until such
commander or master hath first waited upon the governour and com-
mander-in-chief for the time being, and obtained his permission and
licence so to do. And if any commander of any private man of war or
merchant ship or vessel shall presume to act contrary hereunto, he shall
forfeit and j^ay the sum of five pounds for every such prisoner that
shall be landed or put on shore out of any such ship or vessel without
IDcrmission and licence as aforesaid, one moiety thereof unto his majesty
for and towards the support of the government of this jorovince, and
the other moiety to him or them that shall informe and sue for the same
in any of his majesty's courts of record ; and all such prisoners shall be
Commanders of remanded on board again. And every commander of any private ship
warf&c!*!"©^ °^ of '^•'^i' oi' merchant ship or vessel before licence be granted him for the
give security landing of his prisoners shall give sufiicient security for their subsisting
and maintenance during their abode in the province, and to answer the
necessary charges for their transportation according as the governour
and commander-in-chief with the advice and consent of the council
shall direct and appoint.

And be it further enacted by the authority aforesaid,
[Sect. 2.] That all masters of merchant ships or other vessels sail-
ing out of this province from time to time for such ports and places in
Europe or elsewhere as the governour and commander-in-chief may
think loroper to send any French prisoners unto, in order to their get-
ting to some of the French dominions, before the granting of their clear-
ings in order to saile, shall be obliged to receive on board such ship or
vessel so many and such prisoners as the governour and commander-in-
chief by order in writing under his hand shall direct and cause to be
sent on board for transportation : provided, the number so ordered do
not exceed one-sixth part of the company improved for the sailing such
shijD or vessel, and that they have their passage for their labour if capea-
ble of service at sea, but if otherwise any such prisoners be impotent,
are gentlemen, merchants, or were commanders of ships at the time of
their caption, the passages of such to be paid for after the usual and
accustomed rate out of the publick treasury of the province for so many
as were brought in by his majesty's ships or other vessels under his
Penalty for per- majesty's pay, and for others by them that brought them in. And if
^meim'shore ^^^Y commander or master of any merchant ship or vessel, after such
after being sent prisoners being sent on board, shall permit or suffer any of them to
on board. come on shore or to be landed in any part of this province, such com-

for the charge
of their pris-
oners.

Merchant ships
to transport
prisoners of
war as the gov-
ernor shall or-
der.

[3d Sess.] Province Laws. — 1697. 295

mancler or master shall forfeit and j^ay for such his contempt and neg-
lect the sum of five pounds for every person put or suffered to come on
shore, to be recovered, imployed and disposed of in manner as is herein
before directed.

And be it further enacted by the authority aforesaid,

[Sect. 3.] That if any French prisoners that have been or shall be P'^^i*'^^".^"™'
brought into any of the neighbouring governments shall travel or come other govern-
by land or water into this province or any part thereof without licence jfc^en*^eTo*be'^*
first obtained in writing from the governour and commander-in-chief, seized and re-
and bearing the same with them, it shall be lawful for any person or ^^^^^^ ^^'^•
persons whatsoever to seize and take up such Frenchmen and every of
them, and him or them to carry to the next constable, who is hereby
required to convey them before the next justice of the peace, and such
justice by Avarrant under his hand and seal shall cause such prisoners
to be sent from town to town, and from constable to constable, until
they be returned into the government or place from whence they came :
provided, that this act shall continue in force during the present war
with France and no longer. [Passed October 29 ; 'published Octo-
ber 30.

CHAPTER 15.

AN ACT FOR THE REVIVAL AND FURTHER CONTINUING OF THE ACT FOR
ESTABLISHING OF PRECEDENTS AND FORMES OF WRITTS AND PRO-
CESSES.

"WiiEEEAS the act entituled "An Act for the establishing of prece-
dents and formes of writs and processes," and all and singular the
formes, articles, clauses, matters and things therein contained, with the
alterations and amendments heretofore made, and such other as are
contained in an act of this present general assembly, passed at their first
session begun and held the twenty-sixth day of May last past, entituled
" An Act for the further continuing of the act for writts and processes,"
are by the said act last mentioned, further revived and continued, to
abide and remain in full force and virtue until the tenth day of Decem-
ber next and no longer ; to the intent, therefore, that the precedents and
formes of writts and processes established by the afore-recited act, with
the amendments and alterations of the same, made as aforesaid, may be
further continued in force until other provision be made, —

It is hereby enacted and declared by the Lieutenant- Gov er7ioicr,
Council and Representatives convened in General Assembly, and by
the authoi'ity of the same,

That the said act entituled " An Act for the establishing of prece- I692-3, chap 36.
dents and formes of writts and processes," and all and singular the
formes, articles, clauses, matters and things therein contained, Avith the
alterations and amendments heretofore made either by the said after
act, entituled " An Act for the further continuing of the act for writts loo?, c-iiap. 7.
and processes," or by any other act or acts of the general assembly, be
and hereby are further revived and continued, to abide and remain in
full force and virtue until the end of the session of the general court or
assembly to be begun and held on the last Wednesday in May next,
which will be in the year of our Lord one thousand six hundred ninety-
eight, and no longer. [Passed October 27 ; published October 30.

296 Peoyince Laws.— 1697. [Chaps. 16, 17, 18.]

CHAPTER 16,

AN ACT FOR ASCERTAINING THE VALUE OF COYNS CURRANT WITHIN

THIS PROVINCE.

Whereas, for many years past the money coynecl in the late Massa-
chusetts colony hath passed currant at the rate or value it was stampt
for, and good Sevil pillar or Mexico pieces of eight of full seventeen
pennyweight have also passed currant at six shillings per piece, and
halfe pieces of proportionable weight ^^ro ratol^ quarter pieces of the
same coyn at sixteen-pence per piece, and reals of the same coyn at
eightjDence per piece, —

Be it therefore enacted and declared by the Lieutenant- Oovernour^
Council and Representatives convened in General Assembly, and by the
authority of the same.

That all and every the coynes before mentioned shall still be and
continue currant money within this province, and shall be accepted,
taken and received at the respective values aforesaid, according as hath
heretofore been accustomed : provided, always, that such of the said
coynes as pass by tale, be not diminished by washing, clipping, round-
ing, filing or scaling. \_Passed and published October 21.

CHAPTER 17.

AN ACT AGAINST MURDER.

J3e it enacted by the Lieutenant- Governour, Council and Representa-
tives in General Court assembled, and by the authority of the same,
1692-3 chap. 19, That whosoever shall commit wilful murder, upon premeditated malice
§5. or hatred, and be thereof convicted, the person or persons so offending

shall be put to death. \_Passed and p\d)lished October 23.

CHAPTER 18.

AN ACT AGAINST RAVISHMENT OR RAPE.

9 Gray, 617.

1692-3 chap. 19, -^6 «^ enacted by the Lieutenant- Governour, Council and Representa-
§ 11- tives in General Court assembled, and by the authority of the same,

\ rrav kW That if any man shall ravish any woman, committing carnal copula-

tion with her by force, against her will, or if any man shall unlawfully
and carnally know and abuse any woman child under the age of ten
years, every person and persons offending, in either of the cases before
mentioned, being thereof convicted, shall be accounted felons, and shall
be adjudged to suffer the pains of death as in cases of felony. [^Passed

and published October 23.

*s%c.

[3d Sbss.] Province Laws.— 1697. 297

CHAPTER 19.

AN ACT FOR THE PUNISHMENT OF BUGGERY.

For avoiding of the detestable and abominable sin of buggery with
mankind or beast, which is contrary to the very light of nature, —

JBe it enacted and declared by the Lieutenant- Governour^ Council and
Mepresentatives in General Court assembled, and by the authority of
the same it is enacted.

That the same offence be adjudged felony ; and such order and form 1692-3, chap. 19,
of process therein to be used against the offenders as in cases of felony. §§8and9.
And that every man being duly convicted of lying with mankind as he
lyeth with a woman, and every man or woman that shall have carnal
copulation with any beast or bruit creature, the offender and offenders
in either of the cases before mentioned shall suffer the pains of death ;
and the beast shall be slain and burned. [Passed and published Octo-
ber 23.

CHAPTER 20.

AN ACT AGAINST ATHEISME AND BLASPHEMIE.

Be it declared and enacted by the Lieutenant- Governour, Council
and Iiep>resentatives co7ivened in General Court or Assembly, and it is
enacted by the authority of the same,

That if any person shall presume wilfully to blaspheme the holy name i692-3, chap, w,
of God, Father, Son, or Holy Ghost, either by denying, cursing or§^-
reproaching the true God, liis creation, or government of the world ; or
by denying, cursing or reproaching the Holy Word of God, that is the
canonical Scriptures contained in the books of the Old and New Testa-
ments; namely. Genesis, Exodus, Leviticus, Numbers, Deuteronomy,
Joshua, Judges, Ruth, Samuel, Samuel, lungs, Kings, Chronicles, Chron-
icles, Ezi-a, Nehemiah, Esther, Job, Psalms, Proverbs, Ecclesiastes, The
Song of Solomon, Isaiah, Jeremiah, Lamentations, Ezekiell, Daniel,
Hoseah, Joel, Amos, Obadiah, Jonah, Michah, Nahum, Habbakkuk,
Zephaniah, Haggai, Zechariah, Malachi, Matthew, Mark, Luke, John,
Acts, Romans, Corintliians, Corinthians, Galatians, Ephesians, Philip-
pians, Colossians, Thessalonians, Thessalonians, Timothie, Timothie,
Titus, Philemon, Hebrews, James, Peter, Peter, John, John, John, Jude,
Revelation ; every one so offending shall be punished by imprisonment
not exceeding six months and until they find sureties for the good
behaviour, by setting in the pillory, by whipping, boreing through the
tongue with a red hot iron, or setting upon the gallows with a rope
about their neck, at the discretion of the court of assize and general goal
delivery before which the tryal shall be, according to the circumstances
which may aggravate or alleviate the offence : provided, that not more
than two of the afore-mentioned punishments shall be inflicted for one
and the same fact. [Passed and published October 30.

298 Province Laws.— 1697. [Chap. 21.]

CHAPTER 21.

AK ACT FOR REGISTRING OF DEEDS AND CONVEYANCES.

Foe the prevention of clandestine and uncertain sales of houses and
lands, and to the intent it may be the better known what right, title or
interest persons have in or to such estates as they shall offer to sale, —

Be it enacted and declared by the Lieutenant- Governour^ Council and

Representatives in General Court assembled., and by the authority of

the same,

Deeds executed [Sect. 1.] That henceforth all deeds or conveyances of any houses

seaiingl ac- or lands withiu this province, signed and sealed by the party or parties

knowiedgment granting the same, having ajood and lawful right or authority thereto,

£111(1 rGCOrQGQ to ^^ 'OO <^ •/■'

be valid. and acknowledged by such granter or granters before a justice of the

4 Mass. 542-545, pg^ce aud rccordcd at length in the registry of the county where such

5 Mass. 449, 457. houscs or lauds do lye, shall be valid to pass the same without any

3 pick^. 52.3, 525. otlicr act or ccremony in the law whatsoever.

4 AUen, 441. [Sect. 2.] And that from and after three months next after publi-
saie'^'&c'^^made nation of this act, no bargain, sale, mortgage or other conveyance of
three months liouscs Or lands, made and executed Avithin this province, shall be good
acuo'be^good ^''^^ effectual in law to hold such houses or lands against any other per-
against any son Or persons but the granter or granters and their heirs only, unless the
withoufbeing'^' deed Or dccds thereof be acknowledged and recorded in manner as is
^ndnT'^^d^d* before expressed : provided, nevertheless, that when and so often as it
3 Pick. 152. shall happen any granter to live in parts beyond sea, or to be removed
Proof of a out of this proviucc, or to be dead before any deed or conveyance by him
nes^esfin^case, ^r her made be acknowledged as aforesaid, in every such case the proof
to be equivalent of such deed or Conveyance, made by the oaths of two of the witnesses
ment. ^°^ ^ ^' thereto subscribed, before any court of record within this province, shall

be equivalent to the partie's own acknowledgment thereof.
And be it further enacted by the authority aforesaid.
Penalty for ^ [Sect. 3,] That if any granter or vender of any houses or lands
?ng to^Icknowi- shall rcfusc to acknowledge as is aforesaid any grant, bargain, sale or
defds*'^^"^ mortgage by him or her signed and sealed, being thereunto required by
the grantee or vendee, his, her or their heirs or assigns, it shall be law-
ful for any justice of the peace within the county where such granter
or vender lives, upon complaint made, to send for the party so refusing,
and if he or she persist in such refusal, to commit him or her to prison
without bail or mainprize until such party shall acknowledge the same ;
it being first made appear and proved to be the act and deed of the
same party by the oath of one or more of the witnesses thereto sub-
scribed. And such grantee or vendee filing a copy of his deed so proved
in the register's office, shall thereby secure his title in the mean time ;
and the same shall be accounted sufficient caution to every other per-
son and persons against purchasing the estate in such deed mentioned
dowef ^^^ *^ ^ granted : provided that nothing in this act shall be construed,
7 Mass. 20. deemed or extended to bar any widow of any vender or mortgager of
33 M^neflos. lauds Or tenements, from her dower or right in or to such lands or tene-
ments, who did not legally joyn with her husband in such sale or mort-
gage or otherwise lawfully bar or exclude herself from such her dower
or right.

And it is further enacted by the authority aforesaid.

How mortgages [Sect. 4.] That any mortgagee of any lands or tenements, his or

charged. ^" her hcirs, executors or administrators, having received full satisfaction

17 Mass' 426 and payment of all such sum and sums of money as are really due to

him by such mortgage, shall at the request of the mortgager, his heirs,

executors or administrators, acknowledge and cause such satisfaction

and payment to be entred in the margent of the record of such mort-

[3d Sess.] Province Laws.— 1697. 299

gage in the register's office, and shall sign the same ; which shall forever
thereafter discharge, defeat and release such mortgage and perpetually
bar all actions to be brought thereupon in any court of record. And if
such mortgagee, his or her heirs, executors or administrators shall not
Avithin ten days next after request in that behalf made, and tender of
his, her or their reasonable charges, repair to the register's office and
there make and sign such acknowledgment as aforesaid, or otherwise
sign and seal a discharge of the said mortgage, and release and quit
claim to the estate therein mentioned to be granted, and acknowledge
the same before a justice of peace, he, she or they so refusing shall be
liable to make good all damages for w\ant of such discharge or release,
to be recovered by action or suit in any court of record ; and in case
judgment pass against the party so siied, he, she or they so cast shall
pay unto the adverse party treble costs arising upon such suit.

And be it fnHher enacted and declared by the authority aforesaid.,
[Sect. 5.] That the clerk of the inferiour court of pleas in each Clerk of the in-
respective county shall also be the register of deeds and conveyances ; be"egister of°
and shall fliirly enter and record at length all deeds, conveyances and deeds;
mortgages of any lands, tenements, rents or other hereditaments lying
and being Avithin the same county, made, executed, acknowledged or
proved in manner as is aforesaid, which shall be brought to him to
record, and shall on receipt thereof into the office note thereupon the
day, month and year Avhen he received the same, and the record shall
bear the same date ; and every such register before he execute the —to be eworn.
said office vshall be SAVorn before one or more of the justices of such
court, well, truly and faithfully to execute the same. And it shall and Kegister's fees,
may be laAvful to and for every register aforesaid to ask and receive for
entring and recording any deed, conA^eyance or mortgage, tweh-epence
for the first page, and eightpence a page for so many pages more as it
shall contain, and no more, accounting after the rate of twenty-eight
lines, of eight Avords in a line, to each page, and proportionably for so
much more as shall be under a page, and sixpence for his attestation on
the original of the time, book and folio Avhere it is recorded ; and for
discharge of a mortgage as aforesaid, one shilling and no more.
And be it further enacted and declared by the authority aforesaid^
[Sect. 6.] That all deeds of bargain, sale or moi'tgage heretofore Deedsexecuted
made and executed according to former laws and usage shall be valid fMmerhfws*
and effectual. {Passed and published October 30. vaUd ^^^^

CHAPTER 22.

AN ACT OF LIMITATION FOR QUIETING OF POSSESSIONS.

Whereas a good and beneficial act was made by the late govemour
and company of the colony of the Massachusetts Bay, in the year of
our Lord God one thousand six hundred fifty-seven, in the words fol-
lowing ; that is to say, —

That any person or persons that hath., either himself or by his gran-
tees or assigns., before the Icnc made for direction about inheritances,
bearing date October the nineteenth., one thousand six hundred and
ffty-ttco., 2)0ssessed and occiqncd as his or their oicn proper right., in fee
simjilc, cmy houses or lands within this jioisdiction, and shcdl so con-
tinue., ichether in their own 2)ersons, their heirs or assig7is, or by any
other person or persons from., by or under them, without disturbance,
lett, stiit or denial legally made, by having the claim of any person
thereto entred with the recorder of the coutity where such houses or

300

Province Laws. — 1697.

[Chap. 22.]

Quiet posses-
sion from the
first of October,
1692, until tlie
first of October,
1704, to give a
right.
10 Allen, 563.

Saving for the
king's right.

Other savings.

Five years'
time allowed,
from and after
the ending of

lands do lye^ loith the names of the persons so claiming, and the quan-
tity, hounds of the lands or houses claimed, and such claim prosecuted
to effect toithin the term of five years next after the ttoentieth of May,
one thousand six hundred and fifty-seven ; every such proprietor, their
heirs and assigns, shall forever after enjoy the same without any lavful
lett, suit, disturbance or denial by any after claim of any person or per-
sons lohatsoever, any law or custom to the contrary notioithstanding ; —
which afore-recited act, having by experience been found to be of great
benefit and service to his majestie's subjects within the said colony, and
prevented many contests and lawsuits, which otherwise would have
arisen by reason of a neglect in many persons to observe a legal course
and method for the passing and confirmation of sales and alienations ;
and loJiereas, sundry jjersons, having a just and equitable right and title
unto estates in housing or lands, either acquired by purchase or other-
wise, accruing unto or settled upon them since the passing of the afore-
recited act, may want formal conveyances and assurances in the law for
the same, or the deeds, instruments or other writings concerning such
estates may be defective, or imjDcrfectly made and executed, whereby
such persons may be in danger of being deprived and evicted out of
their honest and just rights and possessions ; for prevention whereof
and for the further quieting of possessions and setling of titles, —

-Be it enacted and declared by the Lieutenant- Governour, Council and
Representatives in Genercd Court assembled, and by the authority of
the same,

[Sect. 1.] That every person and persons who were possessed in
his and their own proper right of any houses or lands within this prov-
ince upon the first day of October, in the year of our Lord God one
thousand six hundred ninety-two, and all others deriving from, by or
under him or them, continuing the possession of such houses or lands
until the first day of October, which will be in the year of our Loi"d
God one thousand seven hundred and four, without molestation or dis-
turbance, by claim made thereto and action brought and prosecuted for
the same with efiect, shall, by virtue of such possession, have, hold and
enjoy such houses or lands unto him or them, his and their heirs and
assigns, forever, in fee ; and all actions and process to be thereafter
brought for the same are hereby excluded and forever debarred : pro-
vided, always, that there shall be a saving of his majesty's rights, and
all publick lands belonging to the province not orderly disposed of.

Provided, also, that this act shall not be understood to bar the title
of any infant, feme covert, or person no7i compos mentis, imprisoned, or
in captivity, who shall be allowed the term of seven years next after
such imjDerfection removed to pursue their claim or challenge to any
houses or lands wherein they have interest or title. And the like time
of seven years shall be allowed to persons having an estate in reversion
in any houses or lands, from the time such reversion falls, to recover
their right ; and persons beyond sea shall be allowed the term of ten
years from the publication of this act to pursue their claim or challenge
to any houses or lands as aforesaid.

And forasmuch as divers towns and settlements in the eastern parts
of this province have been deserted and broken ujd by reason of the
rebellion and war made by the Indians, and sundry persons in other the
frontier towns, particularly enumerated in an act of the general assem-
bly, have, by means thereof, been driven from their habitations and
improvements, —

JBe it therefore further provided and declared by the authority afore-
said,

[Sect. 2.] That the limitation of time for the continuance of pos-
session by this act prefixed shall not extend or be understood to extend
unto any houses or lands lying to the eastward of Piscataqua River, or

[3d Sess.] Province Laws.— -1697. 301

in other the frontiers ; but the same shall be and hereby is enlarged and the war with
lengthened out for the space of five years next after the ending of the f^^ ciafm to ^^
war with the Indians, during which space all persons may pursue their lands lying to
right and claim to any houses and lands lying in those parts and places plscataqua'^'* °^
and every of them : and that no person or persons pretending right or ^^|,^|J'tJ^j° f/"^
title in or to any lands lying Avithin this province, purchased of any tiers.
Indian or Indians, without orderly allowance and confirmation thereof Lands pur-
had, according to former laws and usage of the several late colonies of ^/ans without
Massachusetts and New Plimouth, and province of Main respectively, orderly aiiow-
shall have or receive any benefit by this act with reference to such confirmeii by
lands. [^I^assed and published October 30. ^^^^ ^^-

CHAPTER 23

AN ACT FOR GRANTING UNTO HIS MAJESTY A TAX OF SIX THOUSAND AND
FORTY POUNDS TEN SHILLINGS, UPON POLLS AND ESTATES.

Upon consideration of the great charge and expence which has neces-
sarily accrued and arisen in the year last past, and this present year, in
providing for the safety and defence of his majesty's subjects and inter-
ests in this province ; for repairing and setting in order the castle and
fortifications about the same, and farther strengthning and enforcement
thereof; the purchasing of provisions, ammunition and other stores of
war ; the fitting, victualling and manning of the province gaily and fire-
ship ; the hire of transports and other vessels that have been here
taken up and imployed in his majesty's service ; the wages become due
unto the commanders, oflicers, souldiers and seamen that have been
imployed in the said service ; the subsisting of seamen and souldiers
posted in garrisons and sent forth in pursuit of the enemy ; and for the
support of the government, and answering of the incident and contin-
gent charges in and about the same, we, his majesty's loyal and dutiful
subjects, the representatives of this his majesty's province of the Mas-
sachusetts Bay in New England, convened in general assembly, for and
towards the defreying of the before-recited several charges and expen-
ces, and of other the just debts due from this province ; for the pay-
ment of such salaries, gratuities and allowances as have been or shall
be made by the general assembly ; and all such allowances and payments
as are directed by any act of this province to be paid out of the pub-
lick treasury ; and for the further support of the government, defence of
the province and prosecution of the war against his majestie's enemies ;
and for no other ends or uses whatsoever, do unanimously grant unto
his most excellent majesty a tax of six thousand and forty pounds ten
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- Governow\ Council and Repre-
sentatives in General Court assembled, and by the authority of the same^

[Sect. 1.] That the treasurer do forthwith send out his warrants,
directed unto the selectmen, trustees or assessors of each respective
town or precinct within this pi'ovince, requiring them to assess the sum
herein set and proportioned unto such, town or precinct, upon all rate-
able male polls above the age of sixteen years (except elders of churches,
setled ministers, the president, fellows and students of Harvard Col-
ledge, grammar-schoole mastei-s, and such who through age, infiiTnity
or extream poverty, in the judgment of the assessors, selectmen or
trustees, are rendred uncapable to contribute towards publick charges),
and upon all estates, both real and personal, lying within the limits and

302 ' Province Laws.— 1697. [Chap. 23.]

bounds of such to^vn or precinct, and next unto the same (not paying
elsewhere), in whose hands, possession or occupation soever the same
shall be found, in just and equal proportion, as near as may be, accord-
ing to their best judgment and discretion, making no difference in the
sum to be by them sett upon polls, and having due regard to persons'
faculties and personal abilities, and to estimate all Indian, molatto and
negro slaves as other personal estate ; and to make a fair list of the
assessment of the said sum upon the polls and estate within such town
or precinct, in three distinct columns, and therein to set forth what
each particular person is to pay towards the same, against his or her
name respectively ; the first column to contain the number of polls for
which such person is assessed and the sum set upon each of them, the
second column to contain the housing, land or other real estate for
which such person is assessed and the sum sett thereupon, and the third
column to contain the sum by them set upon such person for his or her
personal estate and faculty ; and also requiring the said selectmen,
trustees or assessors to commit the said list, so perfected and signed by
them, or the major part of them, unto the collector, constable or con-
stables of such town or precinct, and also to return a certificate of the
name or names of such collector, constable or constables, together with
the sum total of the list, to each of them respectively committed, unto
the treasurer some time before the last day of November next ensue-
ing. And the treasurer, upon receipt of such certificate, is hereby
impowred and ordered to issue forth his Avarrant to the said collector,
constable or constables, reqxiiring him or them respectively to collect
the sum total of the said list, and to pay the same into the treasuiy,
and issue the accompts thereof with himselfe, or liis successors in said
office, at or before the last day of January next following.

[Sect. 2.] And the treasurer is hei-eby also directed to send his
aforesaid warrants inclosed to the sheriff or marshal of each respective
county, who is hereby required immediately to disperse and transmit
the same unto the selectmen, trustees, assessors, constables or collectors
of the several towns a,nd precincts according to the directions thereof;
and for his said service, charge and expences therein, shall have a rea-
sonable allowance ordered him by the court of quarter sessions in such
county, out of the county treasury upon his laying the accompt thereof
before them.

And be it further enacted by the authority aforesaid,
[Sect. 3.] That each town and precinct within this province shall
be assessed and pay as its proportion to this present tax the sums here-
after following ; that is to say, —

IN THE COUNTY OF SUFFOLK.

Boston, eleven hundred and seventy pounds,
Roxbury, ninety-six pounds, ....

Dorchester, one hundi*ed thirty-two pounds,
Milton, sixty pounds, ......

Brantrey, ninety-six pounds, ....

Weymouth, sixty-one pound ten shillings, .
Hingham, one hundred and two pounds,
Dedham, seventy-five pounds, ....

Wrentham, fifteene pounds,

Medfield, fifty-foure pounds, ....

Mendon, nine pounds, ......

Hull, thirty-six pounds,

IN THE COUNTY OF ESSEX,

Salem, two hundred fifty-two pounds, .... 252 0 0
Ipswich, two hundred seventy-four pounds ten shil-

hngs, 274 10 0

.£1,170

.Od.

. 132

. 102

[3d Sess.]

Province Laws. — 1697.

303

Newbury, one hundred eighty-three pounds,

SaHsbury, forty-three pounds ten shillings,

A[i]msbury, twelve pounds,

Haverhill, forty-five pounds,

Andover, seventy-two pounds,

Bradford, twenty-four pounds,

Topsfield, forty-eight pounds,

Marblchead, ninety pounds, .

Lynn, one hundred and two pounds,

Wenham, forty-two pounds,

Beverly, seventy-five pounds,

Gloccster,*fifty-one pounds, .

Manchester, twelve pounds .

Rowley, sixty-six pounds,

Boxford, forty pounds ten shillings.

IN THE COUNTY OF inDDLESEX

Charlstown, one hundred seventy-four pounds,
Cambridge, one hundred twenty-three pounds,
Watertown, one hundred fifty-four pounds ten shil

lings, ....

Newto['Wj]n, sixty pounds,
Sudbury, seventy-eight pounds,
Marlboro'[w^A], forty-nine pounds ten shillin
Medford, twenty-two pounds ten shillings,
Ma[u]lden, fifty-seven pounds,
Woob[o]urn[e], ninety pounds,
Reading, sixty-six pounds, .
Billerica, twenty-seven jDounds,
Chelmsford, thirty-six pounds,
Concord, ninety pounds.
Stow, six pounds,
Groton, fifteene jDOunds,
Lancaster, tenn pounds ten shillings,
Sherbo[w]rn[e], thirty -six pounds,
Framingham, twelve pounds,

IN THE COUNTY OF HAMPSHIRE

Springfield, seventy-two pounds,
Northampton, sixty-nine pounds,
Hadley, forty-eight pounds, .
Hatfield, forty-two pounds, .
S[oi<^/i]iuf]field, twelve pounds,
Westfield, twenty-five pounds ten shillings,
Enfield, foure pounds ten shillings.

£183 Os. Qd.

43 10 0

12 0 0

45 0 0

72 0 0

24 0 0

48 0 0

90 0 0

102 0 0

42 0 0

75 0 0

51 0 0

12 0 0

66 0 0

40 10 0

174 0 0

128 0 0

154 10 0

60 0 0

78 0 0

49 10 0

22 10 0

57 0 0

90 0 0

66 0 0

27 0 0

36 0 0

90 0 0

6 0 0

15 0 0

10 10 0

36 0 0

12 0 0

72 0 0

69 0 0

48 0 0

42 0 0

12 0 0

25 10 0

4 10 0

IN DUKES COUNTY.

Edgar[t][r]own, thirty-six pounds, . . . . 36 0 0
Chilmark[e] alias the [manner^ [mannor] of Tisbury,

thirty pounds, 30 0 0

Tisbury, twelve pounds, 12 0 0

Nantuckett, sixty-nine pounds, 69 0 0

IN THE COUNTY OF PL[f][i]mOUTH.

Plimouth, seventy-three pounds ten shillings . . 73 10 0

S[c]ituate, one hundred and eight pounds, . . . 108 0 0

Marshfield, fifty-seven pounds, 57 0 0

Duxb[wr^][or6], forty-two pounds, . • . . 42 0 0

304

Province Laws. — 1697.

[Chap. 23.]

Bridg[e] water, fifty-foure i^ounds, .... £54 Os. Od.

Midcllebor6[r<^A], eighteen j^ounds, . . . . 18 0 0

IN THE COUNTY OF BARNSTABLE.

Barnstable, eighty-one pounds, 81 0 0

Yarmouth, fifty-foure pounds, 54 0 0

Eastliam, sixty-nine pounds, 69 0 0

Sandwich, sixty-foure pounds ten shilhngs, . . . 64 10 0

Fahnouth, eighteene pounds, 18 0 0

Manan^o[^■^!][y], eighteene pounds, . . . . 18 0 0

Rochester, eighteene pounds, 18 0 0

Harwich, twenty-foure pounds, 24 0 0

IN THE COUNTY OF BEISTOL.

Bristol, fifty-two pounds ten shillings, . . . . 52 10 0

Taunton, eighty-one pounds, 81 0 0

Dartmouth, eighty-one pounds, 81 0 0

Freetown, twelve pounds, 12 0 0

Rehoboth, sixty-nine pounds, 69 0 0

Swan[5][z]ey, sixty pounds, 60 0 0

Little Compton, fifty-foure pounds, . . . . 54 0 0

Tiverton, twenty-one pounds, 21 0 0

Attlebor6[t<^A], twelve pounds, 12 0 0

IN THE COUNTY OF Y0RK[e].

York[e], foure pounds ten shillings, . . . . 4 10 0

Wells, foure pounds ten shillings, . . . . 4 10 0

Kittery, twenty-foure pounds, 24 0 0

And be it further enacted by the authority aforesaid,
[Sect. 4.] That the selectmen or trustees of each of the said towns
and precincts before mentioned shall forthwith grant their warrants for
the convening the inhabitants of such town or precinct, to choose three,
five or seven able and discreet persons, being freeholders within the
same (each person by common esteem to be worth at least one hundred
and fifty pounds in real and personal estate), to be the assessors of such
town or precinct for the sum j^roportioned and set upon them by this
act ; and all and every person and persons so chosen for assessors and
accepting thereof, shall take the oath following ; that is to say, —

You, A. B., being chosen an assessor for tbe town of C, for this present tax, do
swear, tliat you Avill impartially and equally discharge the said trust, in jDropor-
tioning the sum to be assessed upon the said town, after the best of your discretion
and judgement. So help you God, &c.

Which oath the clerk of each town or precinct where there is no jus-
tice of the peace, is hereby impowred to administer. And if the select-
men or trustees of any town or precinct shall not convene the inhabi-
tants thereof, for the choosing assessors as aforesaid, within the space
of seven days next after receipt of the treasurer's wan-ant, or the inhab-
itants being so convened, shall refuse to choose any, or that if the
assessors chosen by any town or precinct, shall refuse to accept of the
said trust, the selectmen or trustees for the time being, of such town or
precinct, shall be and are hereby declared the assessors of the same,
and shall severally take the oath before mentioned. And every assessor
attending the service aforesaid shall be paid by the town treasurer, or
out of the town stock, two shillings per diem for each day he necessa-
rily attends said service.

Provided ahoays, and he it further enacted hy the authority aforesaid,

[Sect. 5.] That as well the sum hereinbefore set and proportioned to

the farmes or precinct called Framingham, as the sum of eight pounds

[3d Sess.] Province Laws.— 1697. 305

set and proportioned to said precinct by the act for granting unto his
majesty a tax upon polls and estates, j^assed by this court at their ses-
sion in May last (which is yet unassessed and not collected), shall be
assessed upon the polls and estates in said precinct, by the assessors of
the adjacent town of Marlborough ; and that the inhabitants of said
faiines or precinct shall have liberty and are hereby impowred to
choose one assessor from amongst themselves, to joyne with the asses-
sors of said town of Marlborough in assessing and proportioning the
aforesaid sums set ujDon said precinct, and also to aj^point a collector
for the gathering in and collecting of the same. And the treasurer is
hereby ordered and directed, in his warrant to be sent to the assessors
of Marlborough aforesaid, to require them to assess as well the sum.
herein set upon said town, as the above-mentioned sums set vipon Fra-
mingham aforesaid, and to make return as above directed, with the
name likewise of the collector to be appointed by said precinct, whom
the treasurer shall impower, to collect and pay in the said sums in man-
ner and time as is before expressed for this present tax. And in case
the inhabitants of said precinct shall not appoint a collector as afore-
said, for collecting the sums set upon said precinct, the same shall be
committed unto the constable or collector of the said town of Marlbo-
rough, who shall be impowred by the treasurer for the collecting thereof;
anything herein contained to the contrary notwithstanding.
Afid be it further enacted by the authority aforesaid,
[Sect. 6.] That the assessors in each town or precinct shall assess
the estates l}dng within the same, by one general rule as near as may
be ; and if any person be agrieved at the sum set upon him as his pro-
portion towards this tax, such jDcrson making application unto the as-
sessors, and demonstrating that he is rated more than his proportion to
the sum set upon their town, said assessors shall ease him ; and if they
refuse so to do, then the person agrieved, complaining unto the next
general sessions of the peace within that county, and making appear
that he is assessed more than his proportion as aforesaid, shall be heard
and relieved by the justices in said sessions ; and such person shall be
reimbursed out of the town treasury, so much as the said justices or
assessors respectively shall see cause to abate him. And the fermer or
occupier of any houses, lands or other real estate, shall be allowed and
paid by the landlord or owner thereof, one halfe part of all such sum
and sums of money as he shall pay for the said houses, lands, or other
real estate, towards this present tax, upon certificate from the assessors,
how much the same are assessed or rated at thereto, unless where there
is any agreement to the contrary between any landlord and tenant.
And be it further enacted by the authority aforesaid,
[Sect. 7.] That all selectmen, trustees, assessors, sheriffs, constables
or collectors, failing of performing the duty and service of them re-
spectively 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 hke
cases set and declared, to be prosecuted and recovered of them in the
same way and manner as in and by such act or acts is directed and
prescribed ; and that the treasurer be, and hereby is also imjiowred,
to take, use and exercise all such rules, directions, poAvers and author-
ities, for enforcing the collecting and paying in this present tax, as is
unto him given and granted by the act of this present general assem-
bly, made and passed at the first session thereof, begun and held the
twenty-sixth day of May last, entituled " An Act for granting unto his i697, chap.e.
majesty a tax upon polls and estates," to enforce the collecting and pay-
ing in of the tax therein granted. \Passed October 29 ; published Oc-
tober 30.

306 Peovince Laws.— 1697. [Chap. 24.]

ACT

Passed at the Session begun and held at Boston,
ON THE Fifteenth day of December, A.D. 1697.

CHAPTER 24.

AN" ACT PKOHIBITING THE EXPORTATION OF MONEY AND BULLION.

TJpoN consideration of the scarcity of money within this province
and the many difficulties arising thereby, not only with respect to trade
and commerce, but also for carrying on the publick afiaires of the
government, necessary for his majesty's service, more especially during
the rebellion and troubles with the Indians, —

£e it enacted by the Lieutenant- Governour, Council and Representa-
tives in General Court assembled, and by the authority of the same,

[Sect. 1.] That no person or persons whatsoever, shall or may ex-
port, lade or put on board any ship or other vessel in order to export
out of this province, any coyne or silver money currant within the
same, or bullion, over and above the sum of five pounds for such per-
son's necessary expenses, on pain that all such money or bullion, ship't
or put on board any ship or other vessel for exportation contrary to the
true intent and meaning of this act, shall be Uable to seizure and be-
come forfeit ; and the shipper to forfeit the like sum or value over and
above.

[Sect. 2.] And if it happen any money as aforesaid, or bullion
(except to the value above said, for any particular person's own expeuce),
to be exported out of this provmce before seizure thereof be made, or
carried into any of the neighbouring governments, and exported from
thence, the person or persons that ship't or caused such money or bul-
lion to be carried out of the province, laden or jDut on board any ship
or other vessel, or the person or persons that knowingly carried out or
exported the same, being thereof convicted, shall incur the penalty and
forfeiture of double the sum or value of the money or bullion so ex-
ported : provided, that information, suit or prosecution for the same be
had and made within the sjDace of eighteen months next after the ofience
committed and not afterward.

[Sect. 3.] The aforementioned several forfeitures to be recovered
by action, bill, plaint or information in any of his majesty's courts of
record within this province, and to be imployed and disposed of, two-
thirds thereof for and towards the support of his majesty's govern-
ment within the same, and the other third to him or them that shall
informe and sue for the same.

[Sect. 4.] And it shall and may be lawful to and for every justice
of the peace, upon infoimation given of any money or bullion put on
board any ship or other vessel for exportation or carrying out of the
province to be exported, by warrant under his hand and seal to cause
the same to be seized and secured in order to tryal. And all ofiicers

[4th Sess.] Province Laws.— 1697. 307

imployed in and about the customs or imposts are hereby impowred

and required, ex officio^ to cause seizure to be made as aforesaid.
And be it further enacted by the authority aforesaid^
[Sect. 5.] That every master of any ship or other vessel, before

such ship or vessel be cleared at the impost-office, shall make oath in

manner following ; that is to say, —

I, A. B., do swear that neither mj'selfe, nor any of the company belonging
unto the ship or vessel whereof I am now master, nor passengers going upon the
same, have or shall, by my knowledge, privity or consent, take on board or ex-
port in the said ship or vessel, any bullion, coyne or silver money currant within
the province of the Massachusetts Bay, over and above the sum or value of five
pounds, for my own or any of my mariners' or passengers' particular expences.
So help me God.

Which oath the commissioner for impost, or receiver, are hereby re-
spectively authorized and impowred to administer : provided, this act
shall remain in force until the end of the session of the general assem-
bly to be held upon the last Wednesday in May, which will be in the
year of our Lord one thousand seven hundred, and not afterwards.
\_Passed and published December 22.

Notes. — The original engrossments of all the acts of this year are preserved, and all were
printed except chapters 10 and 11 and the only private act passed this year, which bears the
following title: —

" An Act To enable Benjamin Allin of Rehoboth and Hopestil, his Wife, to have a rehearing,
at the next Court of Assize and General Goale Delivery to be held at Bristol, of a Judgement or
sentence given against the said Hopestil by the Court of Quarter Sessions held at Bristol afore-
said the IS'i- day of April 1697."— [PassecZ October 30, 1697.

The acts of the tirst session were referred to the Attorney- and Solicitor-General Jan. 14,
1697-8; and the Solicitor-General reported thereon to the Board of Trade on the seventeenth of
May following. Of chapters 1, 2, 3, 4, 5, 6, 8, 9 and 10 he reports that he conceives that they
are "agreable to Law and Justice, And do not containe anything prejudicial! to his Majesty's
Royall Prerogative." Of chapter 7 he reports that " not having seen the Act intended to be
continued by the said Act I am not able to give any opinion how farr it is fitt to confirme the
said Act."

The acts of the second and third sessions were referred by the Board of Trade to Attorney-
General Trevor, April 19, 1698, and he reported thereupon, ten days later, that he found in
chapters 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23 (mentioning them in order by their
titles), " nothing contraiy to Law nor prejudicial to his Maj''" Royal Prerogative." As to chap-
ter 14 he further reported that " having a continuance only during the War with France, [it]
is determined and therefore needs no confirmation."

Chapter 24, the only act passed at the fourth session, was forwarded by Mr. Secretary Adding-
ton in a letter dated April 1, 1698, and was sent to Attorney-General Trevor and Solicitor-Gen-
eral Ilawles, May 26, 1698 ; it having been " received and read " by the Board of Trade the day
previous. A report was made upon this act by the Solicitor-General, Aug. 9, 1700; and the
Board of Trade reported thereon to the Lords Justices in Council Oct. 9, 1700. — See note to this
chapter, post.

In the representation of the Board of Trade to the Privy Council, dated Nov. 24, 1698, chap-
ters 1, 2, 3, 5, 6, 11, 12, 13, 14, 15 and 23 are marked " expired," and chapters 9 and 10 are
marked " to be repealed." Their reasons for the repeal of chapter 9 are, substantially, as
expressed in their subsequent letter to the Earl of Bellomont, an extract from -nhicli is given at
the end of that chapter. To chapter 10 they make the objection stated in their letter above
mentioned, but do not directly recommend its repeal. — See notes to these chapters, ^jos?.

The Order in Council, which passed the same day, follows the recommendations of the Board
of Trade, and expressly disallows chapter 10, as appears more fully in the note to that chapter.

Chap. 9. " — Because the method of tryal in such Courts of Admiralty is not by Juries of
twelve men as by the forementioned Act for establishing of Courts is directed; And we having
formerlv represented our opinion to their Excellencies the then Lords Justices, in concurrence
with a proposal made by the Comiss" of his Majes'= Customes for the erecting of such Courts
that we conceived the doing of it would conduce to the due execution of the Penal Laws for the
good of the Plantation Trade, upon which His Majesty was pleased to give directions that such
Courts of Admiraltj' should be erected in each of his respective Plantations, We, therefore, now
most humbly offer unto j'our Excellencies our opinion that this forementioned Act be also
Repealed." — Repi-esentation of the Board of Trade to the Lords Justices in Council, Nov. 24,
1698.

Chap. 10. " — Wee humbly beg leave to represent to your Excell"^' that the addition made
unto this Act in pursuance of that direction does import that the power of visitation be in His
Maj'J' Govern'' and Commander-in-Cheif together w"' the Councill of that Province for the time
being, which being not exactly conformable to what was directed W^ee humbly submit the same
and have otherwise no objection why your Excellencies may not be pleased to allow the said
Act."— /6m?.

308 Province Laws. — 1697. [Notes.]

" — That the Act incorporating Harvard Colledge at Cambridge in New England be also
Repealed, the same not being framed according to His Majesty's former Order in Council, And
the Right Honom-able the Council of Trade are to signify to the Government of N. England the
reasons [for] which the said Act relating to Har^-ard Colledge has been repealed by their Excel-
lencies."— Order in Council, dated at Whitehall, Nov. 24, 1698.

"30"" May 1698. Letter (received) from M' Increase Mather to M' Blathwa}'t, desiring that
the Act about Harvard Colledge may not be considered till his arrival (which he expects in July
or Aug. next)— Dated at Boston, the 28"' of March, 1698."— -RecortZs of Board of Trade (New
England) vol. XXXI., p. 1, in Public Record Office,

" July 18"" 1699. — The Bill for Incorporating Harvard Colledge at Cambridge was read & His
Excellency objected to one Clause or paragraph therein, that none should be presedent Vice
President or a Fellow of s* Corporation but such as should declare themselves & continue to be,
as to their Perswasion in matters of Religion, such as are known by the name of Congrega-
tional or Presbyterian, And the. Question being put to the Board whither they Could Consent to
pass the s* Bill, Leaving out that Paragraph i It was carried in the Negative. Then William
Stoughton Elisha Cooke Samuel Sewall Esq" and the Secretary were nominated, and appointed
to Acquaint the House of Representatives, that His Excellency Could not Consent to the s"* Bill,
with the aforesaid Clause therein, & that he Rather Advised to Address his Majesty for a Royal
Charter of IncoriTOration. — Records of Governor and Council, vol. VIf.,]}.39. And see Quin-
cy's Hist, of Harvard University, vol". I., chapters 4, 5 and 6, and appendix.

" I have desired S' Henry Ashurst to wait on your Lordships, fi'om time to time, & receive
your directions towards carrying on the Colledge Charter. The Generall Assembly do not de-
sire there should be any clause in the Charter exclusive of Members of the Church of England ;
But they desire the power of visitation may be lodged in the Governor & Council, ana not in
the Gov singly; and they give this reason for it; viz', That as this Countiy is very remote from
England, a Governor that were a violent man and an enemy to their religion, might, probably,
vex and disturb the whole People of this Province by an attempt upon their Colledge, in order
to innovate in matters of discipline or religion, and that before they could make their complaint
to the King and be relieved against such a Governor. I hope your Lordships will gratifie 'em
in this point, which I humbly conceive is reasonable enough, as it is consonant with the liberty
of conscience which the Act of Tollcration allows, with his Majestie's generous temper and sin-
gular moderation, and with the wisdome of the Government of England, which, I am apt to
believe, will think it safest and best to cramp these people (as often as they deserve it) in their
Trade, rather than to abridge or disturb their consciences. If it be objected that the lodging of
the visitation in the Governor and Councill is derogatory to the King's prerogative, I answer:
'tis not so great a condescention in the King, as the Constitution of his Majesty's Councill in
this Province, who, by an expresse Clause in their charter, are annually chosen by the House of
Representatives. There is this to be considered, too, that whenever these people abuse the
King's grace and favour, a Writt of Quo Tr«rr«?!to, or an Act of Parliament will reach 'em."
— Letter from Bellomont to the Lords of Trade, July 15, 1700.

Chap. 24. " — Which Act I humbly conceive is agreeable to Law, But having heard M'
Brenton, in behalf of the Commissioners of the Customes, who affirms that the said Act will be
very prejudiciall to the trade of England, miless there be a Clause for excepting the exportation
of Money & Bullion in order to be imported into England ; Therefore how far it is titt to con-
firme the said Act is humbly submitted to your Lordships' judgment." — Repm-i of Solicitor-
General IJawles to the Board of Trade, Aug. 9, 1700.

" — We humbly crave leave to lay them before j'our Excellencies under the following distinc-
tions; viz', 1st Those Acts that are temporary & have alreadj' had their effect, and which, there-
fore, in our humble opinion, require nothing fiirther to be done upon them; viz', —

An Act prohibiting the exportation of money and bullion" &c. — Representation of the Board
of Trade to the Lords Justices, Oct, 9, 1700.

" This Act ought not to be revived, nor any other such Act made, without a clause for per-
mitting Monj' and Bullion to be brought to England." — "J?eOT«?-A-s" by the Board of Trade
sent laith their letter to Bellomont, Oct. 30, 1700.

" There is another undue practice grown also now too common in the Assemblies of the Mas-
sachusetts Bay, which is the making of several Laws temporaiy, and renewing the same from
time to time; Whereas they ought either to be made indefinite, if they are good, or if otherwise
not made at all. This practice having groAvn to a great abuse in some other Colonies, His
Majesty has thereupon given to the Governors of such Colonies where it was judged necessary,
the following instruction ; viz'. It is his Majestn's express Will and Pleasure that all Laws what-
soever for the good fjovei-nment and sujport of the said Colony be made indefinite and ivithoui lim-
itation of time except the same be for a temporary end, andirhich shall expire and have its effect
ivithin a certain time ; And therefore you shall not enact any Law which shall have been once
enacted by you., except upon very urgent occasions; but in no cases more than once tcithout his
Majesty^ s eocpress coi7seni. And as we obsen'e the same method to grow too much in use in the
Province of the Massachusetts Bay we cannot but recommend the observation of the foregoing
instruction to Your Lordship's care." — Letter from (he Board of Tirade to Bellomont, Feb, 3,
1698-9.

ACTS,

Passed 1698.

[909]

ACTS

Passed at the Session begun and held at Boston,
ON the Twenty-fifth day of May, A.D. 1698.

CHAPTER 1.

AN ACT FOR REVIVING AND FURTHER CONTINUATION OF SEVERAL
ACTS THAT ARE EXPIRED AND NEAR EXPIRING.

FoRASMiTCH as, notwithstanding the peace lately ratifyed and con-
filmed betwixt the crowns of England and France, the Indians in these
his majestie's territories do still lye out in rebellion and continue their
hostilities, and to make incursions, and commit outrages and murders
upon his majestie's subjects; for the suppressing of which rebels, and
the defence and security of his majestie's 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 to his
majestie's neighbouring governments, —

Be it enacted mid declared by the Lieutenant- Governour, Council and
Assembly, in General Court convened, and by the authority of the samCy

That the several acts and laws, hereinafter mentioned ; that is to say,
an act entituled "An Act for levying souldiers," made and passed in 1693-4, chap. 4.
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 sue- lOQ^. chap. 2.
cours and assistance to the relief of his majestie's subjects in the neigh-
bouring provinces or colonies;" an act entituled "An Act for putting 1697, chap. 1.
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 1697, chap. 13.
deserting of the frontiers ; " (these three last made and passed in the
ninth year of his present majestie's 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 fur-
ther 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 if the before recited acts,
and every of them, had been particularly re-enacted. [^JPassed June 7.

CHAPTER 2.

AN ACT TO PREVENT INCROACmiENTS UPON HIGHWAYS, STREETS, &c.

Forasmuch as divers incumbrances and incroachments have been
made in and upon the common roads, highways and streets heretofore
laid out in several towns within this province ; for redress whereof, —

312

Province Laws. — 1698.

[Chap. 3.]

Common-wealth
V. Manning,
Essex, 179i; 3
Dane's Abr.,cb.
71, Art. 5, §§
8-10.

]^e it enacted by the Lieutenant- Governour, Council and Represen-
tatives in General Court assembled, and by the authority of the satne,

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,
highways, streets, lanes or alleys, in any town within this province, or
any part of any of them, whereby to streighten 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, highway,
street or alley, contrary hereunto, every such edifice, building or fence
shall be deemed and held to be a common nusance ; and the court of
general sessions of the peace for the county in which such town doth
lye, upon complaint, and making out the same before them, are hereby
impowred 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, highway 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 satisfy the same : provided, never-
theless, 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.
'[.Passed (/■line 7; published June 11.

CHAPTER 3.

No.butcher,
currier or shoe-
maker to be a
tanner.

No tanner to
use tlie trade
of butcher, cur-
rier or shoe-
maker.

No tanner to
offer or put to
sale any leather
insufficiently
tanned.

No unkind
heats to be
used in tanning.

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, —

JBe it e7iacted by the Lieutenant- Governour, Council and Represen-
tatives in General Court assembled, and by the authority of the same,

[Sect. 1.] That no person or persons whatsoever using or occupying
the feat or mystery of a butcher, currier or shoemaker, 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 eightpence for every hide or skin
by him or them so tanned whilst he or they shall use or occupy any of
the mysteries aforesaid. 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 shoemaker, 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 flea-
ing thereof or otherwise, whereby the same shall be imi^aired or dam-
aged, on pain of forfeiting twelvepence for every gash or cut in any such
hide and skin.

Arid be it further enacted by the authority aforesaid,

[Sect. 2.] That no person or persons whatsoever using, or which
shall use the mystery or faculty of tanning, shall, at any time or times
hereafter, ofier or put to sale any kind of leather which shall be insufii-
ciently tanned, or which hath been over-limed, or burnt in the limes, or
which shall not have been, after the tanning thereof, well and thoroughly
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 ofiered or jout to sale. And no person or persons
whatsoever using, or that shall hereafter use the mystery or faculty of
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

[IstSess.] Phovince Laws.— 1698. 313

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,

[Sect. 3.] That no person or persons whatsoever using or occupy- ^e° curried that
ing, or that shall hereafter use or occupy the mystery or faculty of is not sealed,
currying, shall or may curry any kind of leather except it be sealed as
is hereinafter provided; nor shall curry any hide being not thoroughly
dried after his wet season, in which wet season he shall not use any stale
urine, or any other deceitful or subtile mixture, thing, way or means to
corrupt or hurt the same, nor shall curry any leather meet for outer
soale leather with any other than good hard tallow, nor with any less
of that than the leather will receive, nor shall curry any kind of leather
meet for upper leather and inward soales, but with good and sufficient
stuff, being fresh and not salt, and thoroughly liquored till it will receive
no more, nor shall burn or scald any hide or leather in the currying, but
shall work the same sufficiently in all points and respects ; on pain of renaity on cur-
forfeiting for every such offence or act done contrary to the true intent ring or hurting
and meaning hereof, every such hide marred or hurt by his evil work- ^^7^ workman-
manship or handling. ship.

A:nd be it further enacted by the authority aforesaid,

[Sect. 4.] That no person or persons using or that shall hereafter Penaityon
use or occupy the mystery or faculty of a shoemaker or cordwainer, for working up
shall work up into shoes, boots or other wares, any leather that is not leather ^'^^
tanned and cunied in manner as aforesaid, nor shall use any leather
made of horse's hide for the inner soales of any such shoes or boots, on
pain of forfeiting all such shoes, boots or other wares made or wrought
up of such insufficient leather.

And for the more effectual execution of this act, —

]3e it enacted by the authority aforesaid,

[Sect. 5."| That all leather that is or shall hereafter be tanned or au leather to
cuiTied, shall, before the same pass out of the tanner's or currier's yard, fore it pass out
house or place respectively where it was wrought, be viewed by the gfon^onanners
sworn searchers and sealers of leather, by law directed to be annually or curriers,
chosen in such towns where there shall be need, who shall have two
several marks or seals, to be prepared by each town for that purpose,
with one of which they shall seal all such leather as they shall find well
and sufficiently tanned in all respects as aforesaid, and with the other,
all such leather as they shall find well and sufficiently curried, as is
before mentioned, and no other. And the said searchers and sealers Sealers ex
shall, and hereby are authorized and impowered, ex officio, to make and'viewTeaUi-
search and view in any house, shop, warehouse or other place within ^^>
the limits of their respective jii-ecincts where they conceive any leather
to be, whether wrought into shoes, boots or other Avares, or not, as oft
as they shall think meet, or as there shall be need. And if the said
searchers and sealers, or any of them, shall find any leather sold or
offered to be sold, brought or offered to be searched and sealed which
shall be tanned, citrried, handled or used contrary to the true intent
and meaning of this act ; or shall find any leather in whole sides out of
the possession of a tanner, not being sealed with the mark or seal to be
used for leather only tanned, or out of the possession of a currier not
being sealed Avith the mark or seal to be used for leather when curried:
in every such case it shall and may be lawful for the said searchers and
sealers, or any of them, to seize all such insufficient or unsealed leather,
whether it be wrought up into wares or not. And if the owner or —to seize all
claimer thereof shall not submit to the judgment of the officer or offi- L'ns^^ied^kath-
cers that seized the same, such officer or officers shall retain such leather c-
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 offi- Triers to be
cers shall within three days next after such seizure, infonn some justice appointed.

314

Province Laws. — 1698.

[Chap. 3.]

Penalty for re-
sisting the
searchers.

Fee for sealing.

Penalty on
sealers for
neglect of duty.

Fines and for-
feitures, how
to be disposed.

Curriers liable
to make good
the value of all
leather seized
for ill work-
manship.

of the peace thereof, who shall thereupon appoint four or six men, honest
and skilful in leathei*, 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 forth-
with discharged from the seizure made by such officer or officers.
And be it further enacted by the authority aforesaid,
[Sect. 6.] That no person or jDcrsons whatsoever shall or may with-
stand or resist the searchers and sealers in the due execution of their
office, nor in the seizing of any insuflacient 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 penny per hide for any
parcel less than five, and for all other parcels, after the rate of sixpence
\_per'] [a] dickar ; which fee the tanner and currier respectively shall
pay upon sealing of the said leather from time to time ; and shall also
pay threepence per mile for every mile any sealer or searcher shall
travel above one, for which he is not to be allowed anything.

And no sealer or searcher of leather shall refuse, within convenient
time, to do his office, or shall allow any leather or wares which are not
sufficient, on pain of forfeiting forty shillings ; nor 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,
[Sect. 7.] That all fines, 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 defreying of county charges ; one third part thereof to the
treasurer or selectmen 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 insufficient leather, or to him or them that shall
inform and sue for the said fines, penalties or forfeitures ; to be recov-
ered by action, bill, plaint or information in any inferiour court of com-
mon pleas, or before any justice of [the] jjeace, when the matter doth
not exceed the value of forty shillings.

And be it further enacted by the authority aforesaid,
[Sect. 8.] 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, 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 inferiour court of common pleas, or before
any justice of [the] peace, if the value exceed not forty shillings ; for the
better asceitaining of which value, the persons to be appointed as afore-
said for viewing the defects in leather, shall (when the same is seized
for being marred or sjDoyled 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. \_Passed
June 7 ; 'published June 11.

[1st Sess.] Province Laws. — 1698. 315

CHAPTER 4.

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 Jjieutenant-Governour, Council
and Representatives convened in General Assembly, and it is hereby
enacted and ordained by the authority of the same.

That the writt to be at any time hereafter issued by the goveniour or
commander-in-chief of this province for calling a great and general
court or assembly, as also the precept to be issued by the sheriff or
marshal, in observance thereof, to the selectmen of the several towns,
and their return thereupon (when any person or persons shall be chosen
to represent them in said com-t), shall be in the formes following; that
is to say, —

William the Third, by the grace of God, of England, Scotland, France and Writ for calUng
Ireland, king, defender of the feith, &c. _ _ leSl court

To our sheriff or marshal of our county of S., within our province of the or assembly.
Massachusetts Bay in New England : Greeting.

Wee command, that upon receipt hereof, you forthwith make out your precepts,
directed unto the selectmen of each respective town within your precinct,
requiring them to cause the freeholders, and other Inhabitants of their several
towns, duely qualified as in and by our royal charter is directed, to assemble at
Buch time and place as they shall appoint, to elect and dejiute one or more persons
(being freeholders, and resident in the same town), according to the number set
and limited by an act of the great and general court or assembly of our aforesaid
province, to serve for and represent them respectively in a great and general
court or assembly by us appointed to be convened, held and kept for our service,
at the town-house in Boston, upon the day of next ensueing

the date of these presents, and to cause the person or persons so elected and
deputed by the major part of the electors present at such election, to be timely
notified and summoned by the constable or constables of such town, to attend our
service in the said great and general court or assembly, on the day above pre-
fixed, by nine in the morning, and so de die in diem during their session and ses-
sions, and to return the said precepts with the names of the person or persons so
elected and deputed unto yourselfe, whereof you are to make return, together
with this writt, and of your doings therein under your hand, into our secretary's
office at Boston, one day at the least before the said court's sitting. Hereof you
may not faile, at your peril. Witness and commander-in-

chief, in and over our province of the Massachusetts Bay aforesaid. Given at
Boston under the publick seal of our said province, the day of

in the year of our reign, annoque Domini

By command of I. A., Secr'y,

Suffolk, ss.
In observance of his majesty's writt to me directed, these are in his majesty's Precept to the
name to will and require you forthwith to cause the freeholders and other inhab- selectmen for
itants of your town that have an estate of freehold in land within this province or gentatives.
territory of forty shillings per annum, at the least, or other estate to the value of
fifty pounds sterling, to assemble at such time and place as you shall appoint,
then and there to elect and depute one or more persons (being freeholders, and
resident in the same town), according to the number set and limited by an act of
the general assembly, to serve for and represent them in a great and general court
or assembly, appointed to be convened, held and kept for his majesty's service at
the town-house in Boston, upon the day of next ensueing

the date hereof, and to cause the person or persons so elected and deputed by the
major part of the electors present at such election, to be timely notified and sum-
moned by one or more of the constables of your town to attend his majesty's
service in the said great and general court or assembly, on the day above prefixed,
by nine in the morning, and so de die in diem during their session and sessions.
Hereof faile not, and make return of this precept, with the names of the person
or persons so elected and deputed with their being summoned, unto myselfe

316

Province Laws. — 1698.

[Chap. 5.]

Return to be
endorsed on
the precept.

Given under my hand
year of his majesty's

dayes at least before the said day of next,

and seal at B., the day of , in the

reign, annoque Domini

A. B.,
of the county of Suffolk.
To the selectmen of the town of B., in the county abovesaid : Greeting.

Pursuant to the precept within written, the freeholders and other inhabitants of
the town of B., qualified as is therein directed, upon due warning given, assembled
and met together the dixy^ of and then did elect and depute

to serve for and represent them in the session and sessions of the great and gen-
eral court or assembly appointed to be convened, held and kept for his majesty's
service at the town-house in Boston, upon the day of ,

the said person being chosen by the major part of the electors present at said
meeting. Dated in B. aforesaid, the day of , anno Domini

A. B.,)

C. C, >- Selectmen of B.

E. F.,i
The person chosen as abovesaid, notified thereof, and summoned to

attend accordingly, by me, A. B., constable of B. \_Passed June 7 ; published
June 11.

CHAPTER 5.

Disallowed by
the privy coun-
cil, October 22,
1700.

AN ACT FOR THE ESTABLISHING OF PRECEDENTS AND FORMES OF
WRITTS AND PROCESSES IN CIVIL CAUSES.

J5e it enacted and ordained hy the Lieutenant- Qovernour, Council
and JRepresentatives convened in General Assembly, and it is hereby
enacted and ordaitied by the authority of the same,

[Sect. 1.] That the several formes of writts and processes in civil
causes hereunder written, be and hereby are established to be the
formes which the respective officers that are or shall be appointed to
grant the same, shall observe and use ; that is to say, —

Essex, ss.
Summons for To the sheriff or marshal of the said county of E., or either of their deputies or

for^^aju^tfce of Constables of the town of S., within the said county, or to any or either of them,
the peace. greeting :

In his majesty's name you are required to summon and give notice imto T. P.

of S. aforesaid, addition (If he may be found In your precinct), that

he appear before me, J. H., Esqr., one of his majesty's justices of the peace for the

county aforesaid, at my dwelling-house in S., on the day of at

of the clock in the noon, then and there to answer to E. L. of M.,

addition in an action or plea of which Is to the damage of the said

E. L. the sum of shillings, as shall then and there appear, with other due

damages. You are also hereby further required to signify unto the said T. P. that

he may not faile in the premises, as he will answer the contempt at the peril of

the law In this case made and provided ; and of this writt, with your doings

therein, you are to make true return unto myselfe at or before the said day of

Dated at S., the day of , in the year of his

majesty's reign, annoque Domini. J. H.

Warrant for
contempt.

Essex, ss.

To the sheriff or marshal of the said county of E., or either of their deputies
or constables of the town of S., within the said county, or to any or eltlaer of
them, greeting :

Whereas T. P. of S. addition was served with summons granted by

me, J. H., Esqr., one of his majesty's justices of the peace for the county afore-
said, for his appearance before me on the day of to answer
E. L. of M. addition in an action or plea of , and whereas
the said T. P. hath made default In his said appearance, these are therefore in his
majesty's name to will and require you to take the body of the said T. P. (if he
may be found In your precinct), and him safely keep, so that he may be had

[1st Sess.] Province Laws. — 1698. 317

before me the said J. H. at my dwelling-house in S., on the day pf

, at of the clock in the noon, as well to answer the said

E. L. of his plea aforesaid, as for his said contempt ; and make true return of this
writt, with your doings therein, unto myselfe, at or before the said day of

Dated at S. the day of , in the year of his

majesty's reign, annoque Domini J- H.

Essex, ss.

To the sheriff or marshal of the said county of E, or either of their deputies or Attachment
constables of the town of S. within the said county or to any or either of them, ^1^°^!^ ^°®**''®
greeting :

In his majesty's name you are required to attach the goods or estate of T. P. of
S. addition to the value of shillings, and for

want thereof to take the body of the said T. P. (if he may be found in your pre-
cinct), and him safely keep, so that he may be had before me, J. H., Esqr., one of
his majesty's justices of the peace for the county aforesaid, at my dwelling-house in
S. on the day of , at of the clock in the

noon, then and there to answer to E. L. of M. _ addition in an action

or plea of which is to the damage of the said E. L. the sum of

shillings as shall then and there appear with other due damages. Hereof faile
not, and make due return of this writt with your doings therein unto myselfe at or
before the said day of Dated at S., the day of , in the

year of his majesty's reign, annoque Domini J. H.

Essex, ss.
William the Third by the grace of God of England, Scotland, France and Ire- Execution
land. King, Defender of the Faith, &c., to the sheriflF or marshal of our said county j^'^ft^ce of peace
of E. or either of their deputies or constables of the town of S. within our said
county, or to any or either of them, greeting : Whei-eas E. L. of M. addition

on the day of , before J. H., Esqr., one of our justices of the peace for
our county aforesaid, recovered judgement against T. P. of S. addition

for the sum of shillings debt or damage, and shillings and pence for

charges of suit as to us appears of record, whereof execution remains to be done,
wee command you therefore that of the money of the said T. P. or of his goods
or chattels within your precinct, at the value thereof in money you cause to be
levied, paid and satisfied unto the said E. L. the aforesaid sums, being pounds

shillings and pence in the whole, and also that out of the said money, goods
or chattels, you levy two shillings more for this writt together with your own fees ;
and for want of such money, goods or chattels of the said T. P.'s, to be by him
shewn unto you or found within your precinct to the acceptance of the said E. L.,
for satisfying the aforesaid sums, wee command you to take the body of the said
T. P. and him commit unto the keeper of our goal in S. in our county aforesaid
within the said prison, whom wee likewise command to receive the said T. P. and
him safely keep until he pay unto the said E. L the full sums above mentioned,
and be by him released, and also satisfy your fees. Hereof fail not, and make
due return of this writt with your doings therein unto our said justice within sixty
days next coming. Witness our said justice at S. the day of in the

year of our reign, annoque Domini J. H.

Suffolk, ss.
William the Third by the grace of God of England, Scotland, France and Ire- Attachment to
land. King, Defender of the Faith, &c , to the sheriff or marshal of our said county inferio^^com-r
of S., his undersherifF or deputy, greeting : Wee command you to attach the respectively,
goods or estate of D. T. of B. addition to the value of pounds, and for

want thereof to take the body of the said D. T. (if he may be found in your pre-
cinct), and him safely keep, so that you have him before our justices at our next
court of to be holden at B. within or for our county aforesaid, on

the Tuesday of , then and there to answer unto C. L. of R. addition

in an action of which is to the damage of the said C. L. the sum of
pounds, as shall then and there appear with other due damages, and have you
there this writt with your doings therein. Witness E. H., Esqr., at B., the
day of , in the year of our reign, annoque Domini J. W., Cler.

Suffolk, ss.
William the Third by the grace of God of England, Scotland, France and Ire- Summons to
land. King, Defender of the Faith, &c., to D. T. of B. additicm greeting : the party whose

Wee command you that you appear at our court of to be holden at B. fached?'^^ * "

318

Province Laws. — 1698.

[Chap. 5.]

Execution out
of the superior

within or for our county of S. aforesaid, on tlie Tuesday of , to answer

unto C. L. of R. addition in an action of , which action the said C.

L. hath commenced, to be heard and determined at the said court, to respond
which your goods or estate are attached to the value of pounds, the damage

laid in the said action being pounds. Hereof faile not at your peril. Wit-

ness E. H., Esqr., at B., the day of , in the year of our reign, annojtie
Domini J. w., Cler.

Suffolk, ss.
William the Third by the grace of God of England, Scotland, France and Ire-

infer^o?court ^^"^' -^j^S' defender of the Faith, &c., to the sheriff or marshal of our said county
respectively. of S,, his undersheriff or deputy, greeting : Whereas C. L. of R. addition

recovered judgement against D. T. of B. addition before our jus-

tices of our court of holden for or within our county aforesaid, on the

Tuesday of , for the sum of pounds debt or damage, and

pounds shillings and pence costs of suit as to us appears of record,

whereof execution remains to be done, wee command you, therefore, that of the
goods, chattels or lands of the said D. T. within your precinct, you cause to be
paid and satisfied luito the said C. L. at the value thereof in money the aforesaid
sums, being pounds shillings and pence in the whole, with two shil-

lings more for this writt, and thereof also to satisfy yourselfe for your own fees ;
and for want of such goods, chattels or lands of the said D. T.'s to be by him
shewn unto you or found within your precinct to the acceptance of the said C. L.
to satisfy the aforesaid sums, wee command you to take the body of the said D. T.
and him commit unto the keeper of our goal in B. in our county aforesaid within the
said prison, whom wee likewise command to receive the said D. T. and him safely
to keep until he pay unto the said C. L. the full sums above mentioned and be by
him released, and also satisfy your fees. Hereof fail not, and make return of this
writt with your doings therein unto our said court of to be holden at

B. upon the Tuesday of next. Witness E. H., Esqr., at B., the day of
, in the year of our reign, annoque Domini J. W., Cler.

Writ oi facias
habere posses-
sionem, and
writ of fieri
facias for dam-
ages and costs
out of the su-
perior or infe-
rior court re-
spectively.

Writ of scire
facias out of
the superior
or inferior
court respec-
tively.

Suffolk, s?.
William the Third by the gi'ace of God of England, Scotland, France and Ire-
land, King, Defender of the Faith, &c., to the sheriff or marshal of our said county
of S., his undersheriff or deputy, greeting : Whereas A. B. of C. addition

befoi'e our justices of our court of holden for or within our county

aforesaid at B. upon the Tuesday in by the consideration of our said

court recovered judgement for his title and possession of and in a certain messuage
or tenement with the appurtenances, or acres of land, &c., lying and being in
the town of D., against E. F. of G. addition who had unjustly put out and

amoved the said A. B. from his possession thereof, and also at the said court recov-
ered judgement for pounds shillings and pence for costs and damages
which he has sustained by reason of the said offence and ejectment and expended
for the removal thereof, as to us hath been made to appear of record, wee com-
mand you therefore that without delay you cause the said A. B. to have possession
of and in the said messuage or tenement with the appurtenances or said
acres of land, &c. Wee also command you that of the goods, chattels or lands of
the said E. F.'s within your precinct at the value thereof in money you cause the
said A. B. to be paid and satisfied the aforesaid sum of pounds shil-

lings and pence, which to the said A. B. was adjudged for his costs and

damages with two shillings more for this writt, and thereof also to satisfy yourselfe
for your own fees ; and for want of such goods, chattels or lands of the said E. F.
to be by him shewn unto you or found within your precinct to satisfy the afore-
said sum, we then command you to take the body of the said E. F. and him com-
mit to the keeper of our goale in B. in our county aforesaid within the said prison,
whom we likewise command to receive him the said E. F. and him safely to
keep until he pay unto the said A. B. the full sum above mentioned, and be by
him released, and also satisfy your fees. Hereof faile not, and make return of
this writt with your doings therein unto our said court of to be holden

at B. upon the Tuesday in next. Witness T. D., Esqr., at B., the

day of , in the year of our reign, annoque Domini

A. D., Cler.

Suffolk, ss.
William the Third by the grace of God of England, Scotland, France and Ire-
land, King, Defender of the Faith, &c., to the sheriff or marshal of our said county
of S., his undersheriff or deputy, greeting : Whereas C. D. of B. addition

[1st Sess.] Province Laws.— 1698. 319

before our justices of our court of liolden for or within our said county

of S. at B. on the Tuesday of , in the year of our reign, by the

consideration of our said justices recovered against A. B. of E. addition

the sum of pounds and shillings debt or damage, and also pounds

shillings and pence for costs and charges by him about his suit in that

behalfe expended, whereof the said A. B. is convict as to us appears of record,
and although the judgement be thereof rendred yet the execution of the said debt
and costs doth yet remain to be made, whereof the said C. D. hath supplicated us
to provide remedy for him in that behalfe ; now to the end that justice be done
wee command you that by honest and lawful men of your precinct you make
known to the said A. B. that he be before our justices of our said court of

to be holden within or for our said county of S., at B. on the Tuesday

of to shew cause (if any he have) wherefore the said C. D. ought not to

have his execution against him of the debt and costs aforesaid, and further to do
and receive that which our said court shall then consider, and have there then the
names of them by whome to him you shall make known the same and this writt.
Witness E. H , Esqr., at B., the day of , in the year of our reign,

annoque Domini J. W., Cler.

Suffolk, ss.
William the Third by the grace of God of England, Scotland, France and Ire- Attachment to
land, King, Defender of the Faith, &c., to the sheriff or marshal of our said county superk)ror^in-
of S., his undersheriflf or deputy, greeting : Wee command you to attach the ferior court
goods or estate of I. M. of H. addition to the value of pounds, and for respectively,

want thereof to take the body of the said I. M. (if he may be found within your
precinct), and him safely keep so that you have him before our justices at our next

court of to be holden at B. for our county aforesaid on the

Tuesday of then and there to answer unto L. K. of R. addition on.

review of an action or suit commenced and tryed by the said I. M. against the said
L. K. defendant at the court of holden at B. aforesaid, on the

Tuesday of where judgement was rendred for the said I. M. to recover of

the said L. K. and costs of suit, which judgement the said L. K. saith is

wrong and erroneous and that he is thereby damnified the sum of pounds,

as shall then and there be made to appear, for the reversing whereof and recov-
ering back the said gi-anted to the said I. M. by the judgement aforesaid,
he the said L. K. bringeth this suit, as also for his cost and damage occasioned
thereby, and have you there this writt with your doings therein. Witness T. D.,
Esqr., at B., the day of , in the year of our reign, annoque
Domini A. D., Cler.

Suffolk, ss.
To A. B. of C, greeting : You are hereby required in his majesty's name to Summons for
make your appearance before his majesty's justices of the next court of vritnesses to

to be holden within or for the said county of S. at B. upon the Tuesday of ^^^ eviaence.

to give evidence of what you know relating to a plea or action of
then and there to be heard and tryed betwixt A. B. of C. addition plaintiff,
and D. E. of F. addition defendant. Hereof faile not, as you will answer

your default under the pains and penalty of the law in that behalfe made and pro-
vided. Dated in B. the day of , in the year of his majesty's
reign, annoque. Domini J. W., Cler.

Suffolk, ss.

To the sheriff or marshal of the said county of S., his undersheriff or deputy or Keplevin.
constables of the town of B. within the said county or to any or either of them,
greeting :

In his majesty's name you are required to replevin belonging unto T. P.

of R. addition now distrained or impounded by J. G. of B. addition

and deliver the said unto the said T. P. provided he give bond to

the value of pounds, with sufficient surety or sureties to prosecute his replevin
at the next inferiour court of common pleas to be holden for the county aforesaid
at B. on the Tuesday of , and so from court to court until the cause

be ended, and to pay such costs and damages as the said J. G. shall recover
against him. Hereof iaile not, and make true return of this writ with your doings
therein unto the said court. Dated in B. the day of , in the

year of his majesty's reign, annoque Domini J. W.,. Cler.

320

Province Laws. — 1698.

[Chap. 5.]

Writ of error.

Supersedeas
where execu-
tion is granted
before the tak-
ing out a writ
of error.

Warrant for
collecting of
town assess-
ments.

The like forme of a replevin to be observed for matters cognizeable
before a justice of peace, mutatis mutandis.

Suffolk, ss.
William the Third by the grace of God of England, Scotland, France and Ire-
land, King, Defender of the Faith, &c., to A. B., Esqr., greeting : Whereas in
the record and process and also in giving judgement of a suit which was before
you and other our justices of our inferiour court of common pleas holden at B.
within or for our said county of S. on the Tuesday of between C. D.

of E. addition plaintijff, and F. G. of H. addition defendant, in an

action of , error manifest doth appear to have intervened to the grievous

damage of the said F. G. as of his complaint we have received, we therefore being
willing that error (if any there be In this behalfe), In due manner be corrected,
and that speedy justice according to law to the said F. G. be therein done as it
becometh us, command you that the judgement in the suit aforesaid and execution
thereupon issued (if any be), together with the whole record and process of the
said suit, and all things touching the same in any manner you have before our
justices of our superiour court of judicature to be holden at B. for or within our
said county of S. on the Tuesday of ; under your seal, so that our said

justices of our said superiour court may then and there have them, and the process
and record aforesaid, and also may (after the same are by them inspected),
therein further do what of right ought to be done ; and If execution of the judge-
ment aforesaid be not made out before the receiving of this writt, that then as well
from granting thereof as from further takeing, imprisoning or in anything molest-
ing the said F. G. on the occasion aforesaid until the plea upon this writt of error
to be corrected, depending undiscussed, be fully determined, you altogether cease
and supersede. Hereof fail not, and have then and there also this writt with
your doings. Witness T. D., Esqr., at B., the day of , in the

year of our reign, annoque Domini A. D., Cler.

Suffolk, ss.
William the Third, by the grace of God, of England, Scotland, France and
Ireland, King, Defender of the Faith, &c. To the sheriff or marshal of our said
county of S., his undersheriff or deputy, greeting : Whereas C. D. of E.
addition before our justices of our inferiour court of common pleas holden at B.
within or for our said county of S. on the Tuesday of recovered judge-

ment against F. G. of H. addition for pounds shillings, debt or

damage, and shillings for costs as to us appears of record. And whereas from
the grievous complaint of the said F. G. we have received that in the record and
process and in rendring of judgement in the suit aforesaid, error manifest hath
intervened to the grievous damage of the said F. G., and we being willing that
error therein (if any be) In due manner be corrected, and that to the said F. G.
full and speedy justice in this behalfe be done, have by our writt commanded A.
B., Esqr., justice of our said inferiour court of pleas, that the judgement in the
suit aforesaid, and execution thereupon issued (if any be), together with the whole
record and process of the said suit, and all things touching the same in any man-
ner, he have before our justices of our superiour court of judicature, to be holden
at B, for and within our said county of S. on the Tuesday of under his

seal, that the justices of our said superiour court (after inspecting the record and
process aforesaid), may therein further do what of right ought to be done. But
forasmuch as the record and process aforesaid, with all things touching the same,
cannot be returned until the sitting of the said superiour court on the Tuesday
of aforesaid, and so error therein (if any be) In the mean time cannot be dis-

cussed. Wee therefore command you, that If execution be Issued upon or by
occasion of the judgement aforesaid you cease and supersede the levying of the
same on the said F. G. or on any of his goods, chattels, lands or tenements what-
soever, until the plea upon our writt of error to be corrected, depending undis-
cussed, be fully determined. Hereof you may not faile, and have with you this
writt, with your doings therein, at the superiour court aforesaid. Witness, T. D.,
Esqr., at B., the day of In the year of our reign, annoque Dommi

A. D., Cler.

To the constables of the toton of B. in the county of S., greeting:

In his majesty's name you are required forthwith to levy and collect of the per-
sons named In the list herewith committed unto you, each one his several propor-
tion (as therein set down) of the sum total of such list, being a tax or assessment
granted and agreed upon by the inhabitants of the said town of B. regularly

[1st Sess.] Province Laws.— 1698. 321

assembled, for defrcying of the necessary charges arising within the same. And
to deliver and pay in the sum and sums which you shall so levy and collect unto
A. B., treasurer of the said town, (where any such is appointed), or to the select-
men, or to C. D. (being by them appointed to receive the same), at, on or before
the day of . And if any person or persons shall neglect or refuse to make
payment of the sum or sums whereat he or they are respectively assessed and set
in the said list, to distrain the goods or chattels of such person or persons to the^
value thereof, at an equal and indifferent apprizement, returning the overplus (if
any be) unto the owner or owners. And for want of goods or chattels whereon
to make distress, you are to seize the body or bodies of the person or persons so
refusing, and him or them to commit unto the common goal of the said county,
there to remain until he or they pay and satisfy the several sum or sums assessed
upon him or them as aforesaid, unless the same or any part thereof upon applica-
tion made unto the quarter or general sessions of the peace shall be abated.
Dated at B. the day of in the year of his majestie's reign, annoque

Domini

And the like forme of a warrant shall be used for the collecting of
county rates or assessments, mutatis mutandis.

And be it further enacted,

[Sect. 2.] That when the officer appointed for collecting any rates Copy of the
by virtue of such warrant as aforesaid, shall seize the body of any per- iIlY with the
eon or persons for want of goods or chattels whereon to make distress, ^*:*'?'^f,o;''f" ,„
and shall commit him or them to prison, a copy ot said wan-ant, with imprisoned by
the sum or sums such person or persons are to pay, signed by the said ^^""^"^ thereof,
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,

[Sect. 3.] That every person bringing a writ of error for the re- Pi-oceedin^s
moval of any case out of the inferiour court of common pleas, for error.* ^"
another hearing and tryal in the superiour court of judicature, shall
assigne the errors in the proceedings and judgement given in the infe-
riour court, in writing under his own or attourney's hand, and file the
same in the clerk's office of such inferiour court, fourteen-^days 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 de-
sired), and shall also cause him to be notified of the said writt of error,
and served with summons out of the clerk's office of the superiour
court, by the like space of fourteen days, to appear and defend the said
suit ; and the party taking out such "svi'itt 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
judgement given in the inferiour court be reversed.

And it is further declared and enacted,

[Sect. 4.] That where any execution shall be returned satisfied in Clerks of courts
part only, the officer who granted the same may ex officio renew or rtTjarexeration
make out an alias execution for the remainder : provided it be done exofficioupon

.,.- n ^ 1 n • -I • • t return 01 tne

withm the space oi twelve months next alter judgement given, without former execu-
a scire facais being sued forth by the party that recovered the judge- isfiecUn'p^irr'
ment. only.

And be it further enacted by the authority aforesaid,

[Sect. 5.] That whosoever shall cause process to be served upon Costs to be ai-
any person or persons, on pretence of debt, trespass or other matter or p°7soiis^dVs'con-
cause, and discontinue his or their suit, or be nonsuited, the person or tinuinjr their
persons on whom process shall be so served making it appear to the i^g nonsuit,
justices of the court where such process is returnable, shall be allowed
his or their reasonable costs and charges.

322

Peotincb Laws. — 1698.

[Chap. 6.]

Writs out of
the superior
court to bear
tlie test of the
chief justice.

Writs out of the
inferior court to
bear the test of
the first justice
named in the
commission.

[Sect. 6.] And all writts, as well original as judicial, issuing out of
the clerk's office of the superiour court of judicature, shall bear the teste
of the chief justice, and upon any vacancy of such chief justice, then
of the senior justice of the said court for the time being. And all
writts, as well original as judicial, issuing out of the clerk's office of the
several inferiour courts of common pleas, shall bear the teste 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 anything hereinbefore contained notwithstanding. [Passec?
Juyie 8 ; 'puhlished Juyie 11.

" The form of an Attachment for the reviewing of Causes at the Superior or Inferior Court,
respectively, is Ij-able to this objection ; viz', Wliere A had recovered judgment against B, and B
prayes a review, The sherif is by this Writ commanded to arrest A, who had recovered, and to
have him forthcoming before the Judges, even before the judgment for him is reversed, which
practise seems to be very incongruous and unreasonable." — Representation of the Board of
Trade to the Lords Justices, in Council, Oct. 9, 1700.

CHAPTER 6.

AN ACT FOR PROVIDING OF POUNDS, AND TO PREVENT RESCOUS AND

POUND BREACH.

Each town to
maintain a
sufficient
I)ound.
6 Mass. 93.

For what caus-
es cattle, &c.,
to be impound-
ed.

8 Allen, 401.

1693-4, chap. 7.

The owner of
creatures im-
pounded to be
notified thereof,
if known; if not,
the creatures to
be cried and
posted up.

_Se it enacted by the Lietitenant- Governour, Council and l^epresenta-
tives in General Court assembled, and by the authority of the same,

[Sect. 1.] That there shall be a sufficient j^ound or pounds made
and maintained from time to time in every town and i^recinct within
this province, in such part or places thereof as the selectmen shall direct
and aj)point, 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 hereinafter mentioned.

[Sect. 2.] 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 proprietye who are impowred to permit the same ; any law to
the contrary notwithstanding. And the owners or clauners 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 claim er shall think fit to replevie his creatures impounded,
and give sufficient bond, with one or more suretys, to prosecute his
replevin with efiect in law, either before a justice of the peace, within
fifteen days 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.

[Sect. 3.] And every person impounding any swine, neat cattle,
horses or sheep, shall give present notice thereof unto the owner, if
known, or leave a notification thereof in writing at Ms 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 crea-

[1st Sess.] Province Laws. — 1698. 823

tures came; and shall also cause the creatures so impounded to be Fee for crying,
relieved with suitable meat and Avator, the charge whereof shall be paid
by the owner or owners, as also of the crying of them, after the rate of
threepence per head for a number not exceeding twelve, and no more
than three shilHngs for a greater number. And if no owner or clamier After three
appear within the space of three days next after the impounding of any ceede*d wfth'as
such creatures, then the person or persons so restraining of them shall strays.
proceed with them as the law provides respecting strays.

A7id be it further enacted by the authority aforesaid^

[Sect. 4.] That if any person or persons shall rescue any swine, Penalty for a
neat cattle, horses or sheei3, 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 loose his damages, and the
law be eluded, the party so oifending shall for svich rescous forfeit and
pay the sum of forty shillings to the use of the poor of the town or
precinct where the oflence is committed, besides all just damages unto
the party injured ; to be recovered by action, bill, plaint or information
in any of his majesty's courts of record. And if any person or joersons Penalty for
shall make any pound-breach, or by any other indirect ways or means pound-breach,
howsoever convey or deliver any creatures impounded, out of the pound,
the party so offending, being duly convicted thereof, shall forfeit and
pay the sum of five pounds to the use of the poor of the town or pre-
cinct 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 convejing of creatures Committed by
out of the pound happen to be committed by any apprentices or persons peFs'ons under
under age, not having of their own wherewith to satisfy the law, and age, how to be
their parents or masters refuse to pay the fine and damages which the p*^^^^*^*^-
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 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
abovesaid ; 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 on judge-
ment given in that respect.

And be it further enacted by the authority aforesaid^

[Sect. 5.] That when and so often as any trespass or trespasses Trespass done
shall be done in common or general fields, not being sufficiently fenced g^neraffieid^s^
in as the law directs, the party injured shall forthwith procure two suffi-
cient 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. And where damage haj^pens through the insuffi- The owner of
ciency of the fence, the owner or occupier of the land to which the fo makeVood^
defective fence belongs shall be liable to answer and make good aU such damages.
damage. [Passed June 10 ; published June 11.

324

Province Laws. — 1698.

[Chap. 7.]

CHAPTER 7.

AN ACT FOR PREVENTING OF TRESPASSES.

Robbers of
orchards, gar-
dens, &c., now
to be punished.

Penalty for
cutting or car-
rying of any
trees, wood,
&c., from off
another man's
land, or olf the
common.

Forfeiture
upon a second
conviction.

Children or ser-
vants offending
against this act,
how punished.

In action of
trespass before
a justice of
peace, if the
defendant jus-
tify on plea of
title, the cause
to be removed
and bond given

JBe it enacted by the Lieutenant- Governour, Council and Representa-
tives in General Court assembled, and by the authority of the same,

[Sect. 1.] That all and every person and persons which shall
unlawfully cut or take away any grass, corn or gram 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 j^ull u}), or take away
any grafts or fruit trees, and their procurers or receivers knowing 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 tlie party injured such recompence as by the court or
justice before whom the trespass is found shall be awarded.
A7id be it further enacted by the authority aforesaid,
[Sect. 2.] Tliat if any person or jDcrsons shall cut or carry off any
manner of wood, underwood, timber, poles or trees standing, lying or
growing on the land of any others, or off or from the commons of any
town, 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 iipon, the
sum of twenty shillings for every tree of one foot over, and ten shillings
for every tree or pole under that bigness, and for other wood or under-
wood 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. 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 month's imprisonment over and above the forfeiture above-
said, or damages to the party injured.

And be it further enacted by the authority aforesaid,
[Sect. 3.] That if any children or servants shall offend against this
act in any of the particulars therein mentioned, 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 prosecution shall be, according to the nature and degree of
the offence and circumstances aggravating.

A7id be it further enacted by the authority aforesaid,
[Sect. 4.] That when, in action of trespass brought before a justice
of peace, the defendant shall justify and demur upon plea of title, a
record shall be made thereof, and the matter of fact be taken pro con-
fesso, and the party making such plea shall become bound, with one or
more sureties, by way of recognizeance, 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 alledged to be done, and pay and satisfy all
such damages and costs as by the said court shall be awarded against
him ; which recognizeance the justice is hereby impowred to require and
take, and shall be paid for the same by the reconuzer two shillings, and

[1st Sess.] Province Laws.— 1G98. 325

one shilling for recording his plea, and at the charge also of the same
party shall certify the process and record of such plea, together with
the recognizeance, unto the said inferiour court of common pleas. And
if such reconuser shall neglect to bring forward such suit at the infe-
riour court according to the tcnour of his recognizeance, the default
shall be recorded, and a writt o^ scire facias be issued out of the clerk's
office of the same court, in manner as by law is directed for the recov-
ery of the sum or penalty in the recognizeance mentioned of him, his
surety or sureties. Oi- 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, judgement shall be rendred for the party trespassed upon, for
treble damages and costs of suit. But if the defendant in trespass upon neglect
justifying on plea of title shall refuse or neglect to become bound in gi/e^'S.^tiie
manner as aforesaid, then his plea shall abate; and the justice, notwith- case to proceed,
standing the same, shall proceed to try the cause, and upon due proofe
of the trespass committed by him shall award damages against him
according to what shall be made out, and cost of suit.

Ami be it further enacted,

[Sect. 5.] That if in the opening and pleading of any action of Breach of the
trespass there be disclosed and proved any breach of the peace, the punished.^
party or parties guilty thereof shall be fined to the king, or otherwise
punished, as the law in such case provides. [^Passed June 10 ; published
June 11.

CHAPTER 8.

AN ACT AGAINST RECEIVING OF STOL'N GOODS.

"Whereas divers lewd 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 stol'n or obtained by other indirect
and unlawful wayes and means, thereby encouraging of theft ; for
redress whereof, —

Me 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 persons receiv-
or privately, to buy or receive of or from any Indian, molatto, or negro gtfien goodsf
servant or slave, or of other known dissolute, lewd and disorderly per- &c., to make
son 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 ways 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 ofiending be unable, if unable to
or shall not make restitution as awarded, then to be openly whip't with aonftffbecor-
so many stripes, not exceeding twenty, as the justice or court that may poraiiy pun-
have cognizeance of the offence shall order ; or to make satisfaction by
service. And the Indian, negro, molatto or other suspicious person as
aforesaid, of or from whom such money, goods, wares, merchandizes or
provisions shall be received or bought, 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. \_Passed June 13 ; published
June ''11.

326

Province Laws. — 1698.

[Chap. 9.]

CHAPTER 9.

AN ACT RELATING TO STRAYS AND LOST GOODS, &c.

Money or goods
found to be
entered with
the town clerk
in six days
jifter finding;

— to be cried
and posted.

Stray beasts to
be cried, post-
ed and wythed.

The next jus-
tice to be noti-
fied of lost
goods and
strays ;

— the same to
be apprized.
Penalty on tlie
finder for neg-
lect of entering,
crying and
posting, and on
the town clerk
for Ms neglect.

Kestitntion to
be made to the
owner.

Fee for crying
and entering.

No owner ap-
pearing, to be
divided betwixt
the finder and
the poor of the
town.

Penalty for tak-
ing oif the
wyth or taking
away any stray.

JBe it enacted by the Lieutenant- Goveriiour, Council and Represen-
tatives convened in General Assejnhly, and hy the authority of the same,

[Sect. 1.] That whosoever shall find any money or goods lost,
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 pui'pose; and shall also cause the same to be cryed by the con-
stable or publick cryer in such town, on three several days, at a publick
meeting of the inhabitants thereof; and to be posted up in some pub-
lick place. And if the money or goods so found be of the value of
twenty shillings or upwards, then to be cryed and j50sted uj) in like
manner at the two next adjacent towns.

And he it further enacted hy the authority aforesaid,

[Sect. 2.] 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, and also to be posted up and cryed in manner and
time as aforesaid, and likewise, within twenty-four hours, 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 men-
tioned, notify the next justice of the peace within the same county
thereof, and such justice shall forthwith thereupon order the same to be
apprized by two meet persons by him to be apj^ointed, and shall admin-
ister 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, or if the town clerk shall neglect to
enter any lost money, goods or stray, whereof he shall be notified, and
have tendred unto him the fee of sixpence, (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
strays.

And it is further enacted,

[Sect. 3.] 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, he shall have restitu-
tion of the same, or the full value thereof; allowing and paying three-
pence for each time it was cryed, sixpence for entring thereof as afore-
said ; 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 ap-
prizal 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-halfe of the value thereof,
(all necessary charges being first deducted), according to apprizement,
unto the treasurer or overseers of the poor of such town, for the use of
the poor thereof, and to be recovered by the town treasurer, selectmen
or overseers of the poor respectively, as in other cases, upon neglect or
refusal to pay the same.

And it is further declared and enacted hy the authority aforesaid,

[Sect. 4.] That if any owner of any stray beast, or other person
shall take the wyth off from the same, or take away such stray before
all the necessary charges arisen for the entring, crying and keeping

[1st Sess.] Province Laws.— 1698. 327

thereof be defreyed, siicli person so offending shall forfeit and pay unto
the finder of such stray the full value of the same ; all the penalties Penalties, &c.,
and forfeitures in this act mentioned to be recovered by action, bill, coTCmi ''''"
plaint or information before a justice of the peace, where the value ex-
ceeds not his cognizeance, or in any other of his majesty's courts within
this province : promded that no person, from tlie first day of March to ^^f^^]^^\^i
the first day of December yearly, shall take u]> any horse, gelding, mare firstof March to
or other beast for a stray, or account or use them as strays, though the member ^ *"'
owner thereof be not known, unless such beast be taken damage-feasant
in inclosures. {Passed June 15 ; pid)Ushed June 27.

CHAPTER 10.

AN ACT FOR THE INSPECTING AND SUPPRESSING OF DISORDERS IN
LICENSED HOUSES, &c.

Be it enacted and declared by the Lieutenant- Governour^ Council and
Hepresentatives convened in General Assembly, and by the authority of
the same,

[Sect. 1.] That all inholders, taverners and common victuallers innhoiders,&c.,
shall at all times be furnished with suitable provisions and lodging for for entertain-
the refreshment and entertainment of strangers and travellers, pastur- "^J^^ofg^f"
ing, stable room, hay and provender for horses, on pain of being de-
prived of their licence.

[Sect. 2,] And that no person who is or shall be licenced to be an Jg^j.^^?*^/"^^"'
innholder, taverner, common victualler or retailer, shall suffer any servantslr'ne-
apprentice, servant or negro to sit drinking in his or her house, or to s^^^^-
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 None to con-

.-,.•'„, , 1 T n "^ • \i -ii J? tiuue in public

inhabitant oi such town where he dwells, or coming thither Irom any houses above
other town, to sit drinking or tiphng in his or her house, or any of the ^^^^ "^^y- "°-
dependencies thereof, or to continue there above the space of one hour,
(other than travellers, persons upon business, or extraordinary occa-
sions), on the like penalty of ten shillings for every offence.

[Sect. 3.] And every person, who, contrary to this act, shall con-
tinue in any such house tipling or drinking, or otherwise misordering
him or herselfe, or above the space of one hour, (other than as afore-
said), shall forfeit and pay the sum of three shillings and foui-pence, or
be set in the stocks not exceeding four hours' time.

[Sect. 4.] And no person or persons licensed as aforesaid shall suf- ^^ed toijef *"^"
fer any person to drink to drunkenness or excess in his or her house, drunk there, or
nor shall suffer any person as his or her guest to be and remain in such the'^Lord'TdiTy,
house or any the dependencys thereof, on the Lord's day, (other than unless, &c.
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^

[Sect. 5.] That all fines and forfeitures arising for any of the ^^"^J^'^e ^m-'
offences before mentioned, shall be one moiety thereof to the use of pioyed.
the poor of the town where the offence is committed, and the other
moiety to him or them that shall infoiTae 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
justice of the peace within his precincts is hereby impowi'ed to hear er.^*^^' ^ ^°^'
and determin concerning any of the offences aforesaid, and to restrain

828

Province Laws. — 1698.

[Chap. 10.]

No innholder,
&c.j to receive
license before
entering into
recognizance.

Recognizance
for innholders,
&c.

Recognizance
for retailers out
of doors.

and commit the offender to prison, until he pay and satisfy the penalty
or forfeiture, or otherwise by Avarraut cause the same to be levied by
distress and sale of the offender's goods.

And be it further enacted by the authority aforesaid^
[Sect. 6.] That l^efore any jjerson shall receive licence to be an
innholder, common victualler, taverner or retailer, every such person
shall become bound by recognizeance to his majesty in the sum of ten
pounds the principal, and two sm-eties in five pounds apiece, before one
or more of the justices of the general sessions of the peace, on condi-
tion following ; that is to say, —

The condition of this recognizeance is such, that whereas the above-botmden
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, and to use com-
mon selling of wine, beer, ale, cyder, and other strong liquors by retail, for the
space of one whole year next ensueing, and no longer, in the now dwelling-house
of the said A. B. in C, commonly known by the signe 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, billyards, or any other unlawful game or games in his house, yard,
garden, backside, or any of the dependencies thereof, nor shall suffer to be or
remain in his liouse any person or persons (not being of his ordinary household or
family), on the Lord's 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 pi-esent recognizeance to be void, but on default thereof, to abide and
remain in full force and virtue.

And before any jierson 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 recognizeance as aforesaid, on condition follow-
ing ; that is to say, —

The condition of this recognizeance 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 ensueing, and no longer,
out of his now dwelling-house iu C. sort of strong liquors, to bc spent

out of doors, and not otherwise. If, therefore, the said A. B. shall not entertain
or suffer any person or pei'sons to sit drinking or tipling in his house, cellars, back-
sides, or any of the dependencys of said house, nor shall sell any other sort of
drink than what he is licensed for as abovesaid, and shall and do, in and by all
things, observe the directions of the law relating to persons licensed for retailing
out of doors only, then this present recognizeance to be void, but on default
thereof to abide and remain in full force and virtue.

For each of which aforesaid recognizeances the party to whom such
licence shall be granted shall pay two shillings, to be divided betwixt
the justice and 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,

Tythingmen to [Sect. 7.] That the selectmen in each town respectively shall take

cholen"— tiieir ^^"^^ care that tythingmen be annually chosen at the general meeting

power and duty, fo^ choice of town officers, as is by law provided, and upon any vacancy

to fill up the number at any other town meeting ; which tythingmen

shall have power, and whose duty it shall be, carefully to inspect all

licensed houses, and to informe of all disorders or misdemeanors

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, without licence, and

[1st Sess.] Province Laws.— 1698. 329

other disorders or misdemeanors committed in any such house ; and
in like manner to present or informe of all idle and disorderly persons,
prophane swearers or cursors, Sabbath-breakers, and the like offenders,
to the intent such offences and misdemeanours may be duely punished
and discouraged ; every of which tythingmen shall be sworn before a
justice of the peace, or at the sessions of the peace, to the faithful dis-
charge of his office, in manner following ; that is to say, —

You, A. B., being chosen a tytliingman within the town of C. for one yeare next Oath,
ensueing, and until another be chosen and swornc in your stead, do swear that
you will faithfully endeavour and intend the duty of your office. So help you God.

Which tythingmen shall have a black staffe of two foot long, tip't at s^^ff-^^^ ^^^
one end with brass about three inches, as a badge of then* office, to be
provided by the selectmen, at the charge of the town.

And be it further enacted hy the authority aforesaid^

[Sect. 8.] That if any person being duely chosen to the said office. Penalty for not
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, upon conviction of such refusal before the justice of the
peace, or sessions of the peace where he is summoned to be sworne ;
certificate being produced under the hand of the town clerk, that such
person was legally chosen to that office. And the said forfeiture to be
levied by distress and sale of such person's 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 seize 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.

[Sect. 9.] And all tythingmen that shall inform and prosecute for Tythingmen
the breach of any penal act, shall have the benefit of such part of the benefit of in-
forfeiture as does by law accrue unto the informer. And all persons formers,
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 iipon oath, though
but one to one bi'each of such act ; so as both the breaches be within
one month, the person accused or comi:)lained of not plainly and pos-
itively denying the fact.

And be it further enacted by the authority aforesaid,

TSect. 10.] That every person to whom any licence shall be Licensed per-
"-.Ti/,-"., . . '' ^ .. „ ,, •' -,, sous also to en-

granted, bciore the receivmg or exercising ot the same, over and above ter into recog-

the recognizeance required for the due observation of the laws and "a^'i";;*'(.|)^'i.
keeping of good rule and order as aforesaid, shall also become bound excise,
unto his majesty in a distinct recognizeance, 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 duely and truely
pay the duties of excise for his draught, accoi-ding 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 recog-
nizeance he shall pay the like fee before-mentioned.

And be it further enacted,

[Sect. 11.] That for the future the time of granting of licences to License to be
innholders and retailers of drink, shall be at the first general sessions of uext gcu«a/^
the peace that shall be held and kept in course within the several coun- ^gace"af^e/^®
ties, at or next after the nine-and-twentieth day of June annually; and the29thof June
that such as have already obtained licences shall hold them (unless 'i'i""a"y-
they forfeit the same by breach of law), until the general sessions of the

330

Province Laws. — 1698.

[Chap. 11.]

No more per-
sons to be li-
censed to keep
public houses
than what are
necessary for
refresliment of
travellers, &c.

Public houses
to be on high
streets, &c.

Clerks of the
several courts
to put in suit
recognizances.

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 nurserys of vice and debauchery, —

It is further declared,

[Sect. 12.] That the justices of the general sessions of the peace in
each county respectively be and hereby are dii'ected not to licence more
persons in any town or precinct to keej) houses for common entertain-
ment, or to retail ale, beer, cyder, Avine or strong liquors within or out
of doors, than the said justices shall judge necessary for the receiving
and refreshment of travaillers 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, roads and places of
great resort.

And be it further enacted hy the authority aforesaid,

[Sect. 13.] That the clerk of the inferiour court of common pleas
in each several county, and the clerk of the superiour court of judica-
ture respectively, by direction of the court from time to time shall by
writ of scire facias prosecute to effect all such recoguizeances as shall
be taken in court or before any justice, whereof default is or shall be
made in not i^erforming 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 sum therein expressed, and
to accomjit for the moneys or estate levied for satisfaction thereof unto
the treasurer as by law he is obliged. And no recognizeance for the
keeping of good rule and order in publick licensed houses or for retail-
ing out of door shall be put in suit for any breach thereof made after
the exj)iration of two years from the time of taking such recognizeance.
[Passed June 21 ; ]piMished June 27.

CHAPTER 11.

AN ACT FOR THE RELIEF AND RELEASE OF POOR PRISONERS FOR DEBT.

Justices of
peace, on the
petition of

them.

Be it enacted and declared hy the Lieutenant- Governour, Council and
Ile2oresentatives in General Court asseinhled, and hy the authority of
the same,

[Sect. 1.] That it shall and may be lawful to and for any justice of

the peace by warrant under his hand and seal, to require the goaler or

prisoners for keeper of auv prison within his iurisdiction from time to time to brins^

debt, to admin- .1 ■^ -, '' '^i ■, •, n t • • ■ n -\ •> , -\

"ster an oath to Without delay the body of any person being 111 prison lor debt or dam-
ages 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 certify 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 comeing before such justice, shall take an
oath to this effect ; viz., —

Oath. I, A. B., do upon my oatli solemnly profess and declare before Almighty God,

that I have not any estate real or personal in possession, 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 there-
by to secure the same, to receive or expect any profit or advantage thereof, to
defraud or deceive any creditor or ci'cditors whatsoever to whom I stand indebted.

[1st Sess.] Province Laws. — 1698. 331

[Sect. 2.] Then after the taking of snch oath the said justice shall Notice^of suci.
reniaud the prisoner to prison, and shall give a certificate thereof in taken to be
writing under his hand and seal to the same prisoner, to be served upon ge^tor.*'"'
such i^erson or persons, his or her executors or administrators, or to be
left at the j^lace 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 for
the same county; and if it shall then appear upon oath (which oath the
said justices are impowred to administer), that the said certificate was
so served or left fifteen dayes or more before the said sessions, and that
the said oath taken by such prisoner be not disproved by good testi-
mony of any credible person or j^crsons upon oath to be administred
by the said justices by virtue of this act, then the said justices being court of gen-
satisfied therein shall direct their warrant under their hands and seals gefaUib °rty *°
to the said goaler or keeper of the prison, commanding him to set at poor prisoners
liberty and discharge the said prisoner, if imprisoned for the causes
aforesaid and no ol^her, without paying anything for fee or chamber
rent, which warrant shall be a sufiicient 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 j^lead the general issue and give this act in evidence, which
shall be a good and sufficient dischai-ge, 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 nonsuited, or verdict pass against
him, the defendant shall have double costs to be taxed by the court
where such action is brought : j^rovided, cdicays, —

And be it enacted by the authority aforesaid^

[Sect. 3.] That when such prisoner or jDrisoners for debt shall have Creditors to
legally taken the said oath in this act proposed to be taken, and shall ance for tiie
have duely summoned his or their creditor or creditors, if such creditor ^^g°c"^p"ffon-
or creditors after the said fifteen days' time shall make no discovery of ers for debt as
any estate of such prisoner or prisoners, nor disprove the said oath, and slre^o^be wn-
detect him or them of forswearing him or themselves, and notwith- tinned in iiiis-
standing will not be satisfied therewith (that the said prisonor or pris- gfa'n'cUng'th'eir
oners may be set at liberty), or will insist to have the said prisoner or ^jfJo^a^ifj^g'^'^
prisoners continued in goal, then the said creditor or creditors shall aforesaid',
at his and their own costs and charges allow and pay weekly a reason-
able maintainance to the said prisoner or prisoners themselves, such as
the said justices shall order and apiDoint, not exceeding two shillings
and sixpence a week, and upon non-payment of the same weekly, the
said prisoner or j^risoners shall be set at libei-ty, according to the true
intent and meaning of this act. And if within the sj^ace of three The prisoner,
months after such weekly allowance by any creditor, no estate of the having s[fch' °*^
prisoner shall be discovered [or] [and] made out before two justices of the maintenance
peace of that county where the said prisoner is kept in prison, then the be set at liberty,
said prisoner shall forthwith be discharged by warrant iinder the hands
and seals of any two justices of the peace in the county where the said
prisoner shall be so in prison, to the keeper of such prison in that
behalfe directed, as fully and amply as if such prisoner had been dis-
charged by the justices of the peace, at the general sessions of the
peace, as is hereinbefoi-e directed ; and from thenceforth the said weekly
allowance shall cease and detennin, as if the same had never been
made : provided^ also^

[Sect. 4.] That if at any time after the takeing of the aforesaid Penalty on
oath, the said ])risoner or prisoners shall upon any indictment or indict- victedo'f false
ments, or by his or their own confession, or verdict of twelve men, be swearing,
convicted of false swearing in any jjoint or article contained in the said

332 Province Laws.— 1698. [Chap. 11.]

oath, then such prisoner or prisoners, so convictod as aforesaid, shall
suffer the pains and forfeitures as by law are to be mflicted 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, tliere
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, if any such
hajDpen 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 : ^j>;'oyi<:?ec?,
also,

And be it further enacted hy the authority aforesaid,
Judgments [Sect. 5.] That notwithstanding the discharge of the person of

ftmds, &c., of such prisoner as aforesaid upon taking the oath aforesaid, all and every
standKood*^not'- j^iflgemcnt had and given against him or her, shall be and stand good
withstanding and effectual in law to all intents and purposes against the lands, ten-
upon'takhig*the ©ments, goods and chattels only, of the said prisoner so discharged as
oatii aforesaid, aforesaid ; and it shall and may be lawful to and for such creditor of
such prisoner 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 forme as he or they might have done if the person or
persons of such prisoner or prisoners had never been taken in execu-
Penaity on any tion, any law or custom to the contrary notwithstanding: j^rovided,
to seTaifypris? also, in casc any goaler or keeper of prison shall refuse or delay to bring
o'ler at liberty or discharge and set at liberty any prisoner according to the order of
quired.*^ ^'*^ the justice or justices, to be made in manner as aforesaid, every such
goaler or keejier of prison shall foirfeit and pay to such prisoner
detained contrary to such order the sum of twenty pomids, to be recov-
ered 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 : provided, also.
And he it farther enacted.
No person to be [Sect. C] That no person shall be discharged by this act that hath
haTh nm.'^beeJf* not or shall uot, before such oath made, have remained in prison by the
in prison one spacc of ouc moutli ; uor shall any person be discharged by this act who
' ' shall stand charged in execution with more than the sum of five hun-
Creditornot drcd pounds to any one person, principal-money and damages: ^:)ro-
nlaintain'pris- vided, also, that uo Creditor insisting to have his debtor continued in
oners having prisou, shall be bound to make any weekly allowance for the subsistence
able relations. ^^ ^^^ prisoner, where the father, 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, arc of sufficient ability to
maintain such prisoner.
Debtors used to [Sect. 7.] And if any creditor, insisting to have his debtor contin-
satisfy toeir^ ucd in prison, and ordered to make allowance towards his maintainance,
vice ^f ^desfred ^hall dcsire to have his debtor (being a person formerly using any handi-
by the creditor, craft or day labour, and not having a wife or family), to satisfy such debt
by service, the justices at the general sessions of the peace witliin the
same county shall direct and order the term for Avhich such debtor shall
serve ; and the creditor shall and hereby is impowred to detain and
hold him in service during such term : provided, also, that this act shall

[1st Sess.] Province Laws.— 1698. 333

not extend to any person or persons in execution for any fine on him
or her imposed.

And be it further provided and enacted^

TSect. 8."] That the discharcje of any person or persons by virtue of Persons liable
this act shall not amount itnto or be construed to free or discharge any debt of any
other person or persons jointly or severally bound for, or liable to j^c^freedtiieTe^
answer or satisfy the said debt, or any part thereof, either as principal from by the dis-
or surety, but that such other person or persons shall be liable to answer prfso^ner^ ^^^
the said debt and damages, in such manner, to all intents and purposes,
as they were before the discharge of such prisoner : provided^ also^ Prisoners.when
that no prisoner shall be discharged by virtue of this act, until he shall, give^nrs^ciied-
before the justices of the peace who are by this act impowred to dis- uie, upon oath,
charge hira, declare upon his oath (which oath the said justices are them owing.'
hei-eby impowred to administer), what effects are belonging to him, or
what debt or debts are then owing to him within any of his majesty's
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 j^risoner, 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 joyne may thereupon sue for such debt, or so much thereof as will
reasonably satisfy them, in the name of the prisoner, and after the same
recovered, to render the oveii^lus (their own debts and charges sub-
ducted), to the prisoner. \Passed June 21 ; published June 27.

CHAPTER 12.

AN ACT FOR EXPLANATION AND ADDITION TO THE ACT FOR REGULATING
OF FENCES, CATTLE, &c.

Forasmuch as in and by an act of this province, intituled " An Act 1693-4, chap. 7.
for regulating of fences, cattle, &c.," made and passed in the fifth year
of the reign of his present majesty, and his late royal consort. Queen
Mary, of blessed memory, amongst other things therein contained, it
is enacted that in every town and peculiar within this province, there
be annually chosen by the inhabitants thereof, two or more meet per-
sons to be viewers of fences, but no penalty provided by the said act
in case the persons so chosen refuse to accept thereof, —

JBe it therefore enacted and declared by the Lieuteyiajit- Governoicr,
Council and Representatives in General Court assembled^ and by the
authority of the same^

[Sect. 1.] That every meet person that shall hereafter be chosen a Penalty for not
viewer of fences within any town or peculiar in this province, refusing f|nce"viewer.
to accept thereof, or to be sworne to the faithful discharge of that office,
shall forfeit and pay to the use of the poor of such town or peculiar the
sum of twenty shillings ; and another shall be forthwith chosen in his
room. And every person from time to time chosen and sworne to the Penalty for not
said office, upon due notice given him, and being requested by any per- dutj\^°^ ^^^
son or persons interested to view any insufficient and defective fence in
and about any general or common field, or in and about any particular
field or inclosure, shall forthwith 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 peculiai*, and the other moiety to him that shall infoiTne
or sue for the same. And each fence-viewer shall be allowed three Allowance,
shillings a day, and proportionably for halfe a day, and under that six-
pence an hour, for his time spent in viewing of any fence or fences, to

334 Province Laws.— 1698. [Chap. 12.]

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 occiipant 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
all divisional fences betwixt man and man shall be kept up in good re-
pair for the whole year, unless the proprietors of the lands shall other-
wise agree.

And be it further enacted hy the authority aforesaid^
Fence-viewers TSect. 2.1 That for the better enabling of the fence-viewers to

to be empow- -,.'-•, i-'-i t i -^ ^ii .i-n -,

ered by a war- discharge theu' duty accordmg to the true mtent oi the law, it shall and
workmen" &T^ ^''^J ^^ lawful to and for any fence-viewer, by warrant from the next
justice of the peace, or selectmen, (in such towns where no justice
dwells), or the major part of them, who are hereby respectively im-
powred to make out such warrant, to impress workmen and teams for
the speedy repairing and makeing 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 selectmen, 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 he it further enacted hy the authority aforesaid^
Fence of com- [Sect. 3.] That every party interested in any common or general
maintained by field shall from time to time make and maintain his just and due part
?!^l,R^?«^vt;?>^?'^^ ^iitl proportion of the fence for enclosing the same according to his

m proportion. . ia .. iiini ni

interest therein, m 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 proi^riety in such
common and general field, shall and may call and summon a meeting of
the whole from time to time, as there shall be cause. And no proprie-
tor 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^
Partition fences [Sect. 4.] That all partition fences betwixt lands under improve-
taiued"by\"he Hieut, shall be made and maintained from time to time in equal halves
proprietors in by the ownci's or pi'oiDrietors of such lands respectively. And in case
equa a ves. ^^^ p^-opj-ietor of land shall improve his land, (the land adjoyning not
being under improvement), and so make the whole partition fence,
when and so soon as the owner or proprietor of the adjoyning land shall
also improve his he shall pay for the one-halfe of such partition fence,
according to the value thereof at that time, and keep up and maintain
his halfe part thereof from thenceforward ; but if either of such i^ropri-
etors adjoyning do cease to make improvement of his land, he that con-
tinues 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 j^ersons indif-
ferently chosen by each party for that purpose. And in case any person
imin'oveing as aforesaid shall neglect or refuse to make and maintaine
one-halfe of the partition fence betwixt his land and the land next
adjoyning, the owner or proprietor of such land adjoyning shall be liable
to a suit, and to have recovered of him in any court proper to try the
same, the full value of the one-halfe of such partition fence, according
to estimation thereof upon apprizement, by the other party who makes

[1st Sess.] Province Laws. — 1698. 335

and maiiitains the whole fence, together with his damage sustained by
such neglect or refusal as aforesaid; saveing always to every person and
persons any particular agreement or agreements touching the makeing
and maintaining of such divisional fence between their lands.

[Sect. 5.] All fines, penalties, forfeitures or payments accrueing by Fines and peu-
virtue of this act from time to time, to be had, sued for and recovered be i^/c'overcd. °
in any court proper to try the same : provided, this act shall not extend proviso for
to house-lots not exceeding ten acres, but if the owner or owners of !j3!!f f^Ji*^!™ ?fi

o. 1111 nil 1 1 exceeoing ten

such lots shall miprove, his neighbour shall be compellable to make and acres,
maintain one-halfe of the fence between them, whether he improve or
not.

Provided, also, that it shall and may be lawful, to and for the major Major part of

n 1 • • • ^ J2 1 T J. the propriety in

23art of the interests or propriety m any common or general iielcl, to any general
dissolve and lay down the same at pleasure ; all the proprietors being Ho^^J theLme
first duly warned, and there being six months' time given before any at pleasure.
such field is laid down. [^Passed June 21 ; pidylished June 27.

CHAPTER 13.

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 suflicient oft-
times decline the service, choosing rather to incur and undergo so small
a penalty, which may prove a general inconvenience, and tend greatly
to the damage of particular persons, in cases of the greatest moment
and concerne ; for remedy whereof, —

He it declared and enacted hy the Lieutenant- Governour, Council and
Representatives in General Court assembled, and hy the authority of
the same.

That it shall and may be lawful to and for the justices of the supe-
riour court of judicature, court of assize and general goal dehvery, 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
shilhngs each, and to cause the same to be levied, any law, usage or
custom to the contrary notwithstanding. \JPassed June 22 ; published
June 27.

CHAPTER 14.

AN ACT ESTABLISHING OF SEAPORTS WITHIN THIS PROVINCE, AND FOR
ASCERTAINING THE FEES FOR ENTRING AND CLEARING OF VESSELS
INWARD AND OUTWARD BOUND.

For the better preventing of undue and unlawful tradeing, and of Disallowed by
frauds and abuses in the duties and impositions that are or shall be counaroct. 22,
laid upon all goods, wares or meiThandizes, wines, liquors, or other i~oo-
commoditys that shall be imported or exported out of this province, as
also for the remedying and preventing the demanding and takeing of
excessive and unallowed fees, —

336

Province Laws. — 1698.

[Chap. 14.]

Portg.

For lading and
unlading.

Fees.

Penalty for
taking exces-
sive fees and
illegal delay of
entering and
clearing.

Be it enacted hy the Lieutenant- Governour^ Council and Represen-
tatives in General Court assembled, and hy the authority of the same,

[Sect. 1.] That the maritime towns and places hereafter named,
and no other, shall he held, deemed and adjudged to be lawful ports
within this province ; that is to say, Boston (of which Charlestown
is to be accounted a member), Salem (whereof Marblehead is to be
accounted 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 tradeing to or from this
province, 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
tradeing to or from this province shall lade and unlade all goods, com-
moditys, wares and merchandizes whatsoever, which they shall import
or export ; and that an office be held and kept at Martha's Vineyard,
and another at Nantuckett, to enter and clear all vessels passing to and
from thence, but not to be accounted iDorts for the unlivery or ladeing of
any of the enumerated commoditys.

And be it enacted by the authority aforesaid,

[Sect. 2.] That the fees in the said office to be demanded and
received shall be these following, and no other ; viz., —
For entring all ships and vessels trading to this place
from abroad (excepting from the provinces or col-
onies of Pensilvania, Ncav York[e], East and West
Jerseys, Connectic[o][w]t, Rhode Island, Narraganset,
and New Hampshire), one shilUng, . . . .*£00 01s. 00(?.
For examining and recording certificates that bonds
are given according to the act of navigation, two

shillings, 00 02 00

For a bond given according to the act of navigation,

two shillings, 00 02 00

For clearing and certificate of the ladeing, two shil-
lings sixpence, . . . . . . . . 00 02 06

For all vessels trading to and from the provinces or
colonies of Pensilvania, New York[e], East and
West Jersey, Connectic[o]['2<]t, Rhode Island, Narra-
ganset[^] and New Plampshire, four shillings per
year, or sixpence entry and sixpence clearing, each
voyage at the masters' choice. .....

And be it further enacted by the authority aforesaid^
[Sect. 3.] 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, 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 duely convicted in any of his majesty's courts
of record within this province. \_Passed and published June 27.

" This Act appointing that no other places besides those therein named shall be Ports for the
lading and unlading of ships trading to and from that Province, seems thereby to intrench upon
the power granted by the Act of the aS"* of King Charles the S"" for the encouragement of the
Greenland and Eastland Trade and for the better securing the Plantation Trade, to the Commis-
sioners of the Customes here under the directions of the Lords of the Treasury to appoint Ports
in all his Majesty's Plantations for the lading and unlading of the Comodities therein enumer-
ated, and the said Act also establishing more Ports that We conceive to be necessary for that
Province and several of them (as we have been informed) not having one vessell belonging to
them, nor any vessell either of their own or others having laden or unladen there for several
years past; We are humbly of opinion that the establisliing of so many ports in such inconsid-
erable places will not only occasion a greater charge in maintaining Officers to attend them but
be also a great means to encourage and promote clandestine and illegal trade." — Representation
of the Board of Trade, Oct. 9, 1700, ut supra.

* Tliese figures are not in the engrossed act.

[1st Sess.] Province Laws.-^1698. 337

CHAPTER 15.

AN ACT FOR GRANTING UNTO HIS MAJESTY A TAX UPON POLLS AND

ESTATES.

Wee, his majesty's loyal and dutiful subjects, the representatives of
this his majesty's 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 im2:)loyed in his majesty's service; and for the prosecuting and sub-
dueing of the Indian rebels, and other charges and expences that shall
arise thereupon ; for the payment of such salaries, gratuities and allow-
ances 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 unani-
mously grant unto his most excellent majesty a tax of three thousand
forty-nine pounds ten shillings, in money, to be levied upon polls and
estates, both reall 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- Governoiir, Council and Repre-
sentatives in General Court assembled, and by the authority of the sa7ne,

[Sect. 1.] That the treasurer do seasonably send out his warrants,
directed unto the selectmen, 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 ratea-
ble male polls above the age of sixteen years, (except elders of churches,
setled ministers, the president, fellows and students of Harvard College,
grammar-school masters, and such who thi-ough age, infirmity or ex-
tream poverty in the judgement of the selectmen, trustees or assessors
are rendred incapeable to contribute towards publick charges), at two
shillings on the poll ; and all estates both real and personal l}'ing within
the linv'ts 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 uj^, 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 as other personal estate, according to the sound judgement
and discretion of the assessors, not excluding faculties ; also requiring
the said selectmen, trustees or assessors to make fl\ir lists of the said
assessment, setting forth in distinct columns against each particular
person's 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 certifi-
cate 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 himselfe some time before the tenth day of August
next cnsueing. And the treasurer, upon receipt of such certificate, is
hereby impowred and ordered to issue forth his warrants to the col-
lector, constable or constables of such town, requiring him or them
respectively to collect the simi total of the list or hsts to them commit-
ted, and to pay the same into the treasmy, and issue the accompts

338

Province Laws. — 1698.

[Chap. 15.]

thereof with himselfe or his successor in said office, at or before the last
day of October next comeing ; and the treasurer is hereby also directed
to send his aforesaid warrants inclosed to the sheriff or marshal of each
respective county, who is required immediately to disperse and transmit
the same unto the selectmen, trustees, assessors, constables or collectors
of the several towns and precincts within 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,
[Sect. 2.] That each town and precinct within this province shall
be assessed and pay as its proportion to this present tax the sum here-
after following ; that is to say, —

IN" THE COUNTY OP SUFFOLK [e].

Boston, five hundred eighty-five pounds,
Roxbury, forty-eight pounds,
Dorchester, sixty-six pounds,
Milton, thirty pounds, ....
Brantrey, forty-eight j^ounds,
Weymouth, thirty pounds fifteen shilhngs,
Hingham, fifty-one pounds, .
Dedham, thirty-seven pounds ten shilhngs,
Wrentham, seven pounds ten shillings, .
Medfield, twenty-seven jDounds,
Mendon, foure pounds ten shillings,
Hull, twenty-foure pounds,

£585 05. Od.

48 0 0

66 0 0

30 0 0

48 0 0

30 15 0

51 0 0

37 10 0

7 10 0

27 0 0

4 10 0

24 0 0

IN THE COUNTY OF ESSEX.

Salem, one hundred twenty-six pounds,

Ipswich, one himdred thirty-seven pounds five shilhngs,

Newbury, ninety-one j^ounds ten shillings,

Salisbury, twenty-one pounds fifteen shillings.

A[i]msbury, six pounds,

Haverhill, twenty-two pounds ten shilhngs,

Andover, thirty pounds,

Bradford, twelve pounds,

Topsfield, twenty-six jiounds five shillings,

Marblehead, forty-five pounds,

Lynn, fifty-one jDOunds, .• . . .

Wenham, twenty-two pounds ten shillings,

Beverly, thirty-seven pounds ten shillings,

Glocester, twenty-five pounds ten shilhngs,

Manchester, seven pounds ten shillings,

Rowley, thirty-six pounds,

Boxford, eighteene pounds, .

126 0 0

187 5 0

91 10 0

21 15 0

6 0 0

22 10 0
30 0 0
12 0 0
26 5 0
45 0 0
51 0 0
22 10 0
37 10 0
25 10 0

7 10 0
36 0 0
18 0 0

IN THE COUNTY OF MIDDLESEX.

Charl[e]stown, eighty-seven pounds,
Watertown, seventy-eight pounds,
Cambridge, sixty-one pounds ten shillings.

New To[w]n, thirty pounds,

Sudbitry, thirty-nine pounds, ....

Marlborough, twenty-foure pounds fifteen shillings,
Medford, eleven pounds five shillings, .
Ma[u]lden, twenty-eight pounds ten shillings,
Wooburn[e], forty-five pounds, ....
Reading, thirty -three pounds, ....

87 0 0

78 0 0

61 10 0

30 0 0

39 0 0

24 15 0

11 5 0

28 10 0

45 0 0

33 0 0

[1st Sess.]

Province Laws. — 1698.

339

Billerica, tHrteene pounds ten shillings,
Chelmsford, eighteene pounds,
Concord, forty-five pounds, .
Stow, three pounds, ....
Groton, seven pounds ten shillings,
Lanc[a][/ie]ster, five pounds five shillings,
Sherbo[t«]rn[e], eighteene pounds,
Framingham, six pounds.

£13 10s. Od.

18 0 0

45 0 0

3 0 0

7 10 0

5 5 0
18 0 0

6 0 0

IN THE COUNTY OF HAMPSHIRE

Springfield, thirty-six pounds,

Northampton, thirty-four pounds ten shillings,

Hadley, twenty-four pounds, .

Hatfield, twenty-one pounds, .

Southfield, six pounds, ....

Westfield, twelve pounds fifteen shillings,

Enfield, three pounds, ....

IN THE COUNTY OF YOEK[e]

York[e], two pounds five shillings.
Wells, two pounds five shillings, .
Kittery, twelve pounds, ....

IN THE COUNTY OF PL[r][l3M0UTH.

Pl[2/][i]mouth, thirty-nine pounds.
Situate, fifty-seven joounds, .
Marshfield, thirty-six pounds,
Duxbur[y][6], twenty-one pounds,
Bridgewater, twenty-seven pounds,
Middleboroughj nine pounds,

36 0 0

34 10 0

24 0 0

21 0 0

6 0 0

12 15 0

3 0 0

2 5 0

12 0 0

39 0 0

57 0 0

36 0 0

21 0 0

27 0 0

9 0 0

IN THE COUNTY OF BARNSTABLE.

Banistable, fifty-one pounds,

Yarmouth, twenty-eight pounds ten shillings,

Eastham, thirty-foure pounds ten shillings.

Sandwich, thirty-six pounds, .

Falmouth, nine pounds,

Manamo[y][i^], nine pounds,

Rochester, nine pounds,

Harwich, twelve pounds.

51 0 0

28 10 0

34 10 0

36 0 0

9 0 0

12 0 0

IN THE COUNTY OF BRISTOL.

Bristol, twenty-two jDounds ten shillings,
Taunton, forty-three pounds ten shillings,
Dartmouth, thirty-seven pounds ten shillings,
Freetown, seven pounds ten shillings, .
Rehoboth, thirty-six pounds, .....
Swan[z][s]ey, thirty-one pounds ten shilHngs,
Little Compton, twenty-eight pounds ten shillings,

Tiverton, twelve pounds,

Attleborough, six pounds,

22 10 0

43 10 0

37 10 0

7 10 0

36 0 0

31 10 0

28 10 0

12 0 0

6 0 0

IN DUKES COUNTY.

Edgar-Town, fifteenc pounds,
Tisbury, seven pounds ten shillings,
Chilmark[e], tenn pounds ten shillings, .
Nantuckett, thu-ty pounds, . . . ,

15 0 0

7 10 0

10 10 0

30 0 0

340 Province Laws.— 1698. [Chap. 15.]

And be it further enacted by the authority aforesaid,
[Sect. 3.] That the selectmen or trustees in each and every of the
several towns and precincts before mentioned, shall be the assessors of
such town's or precinct's projjortion hereinbefore set unto this present
tax (where any others specially chosen or to be chosen for that 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 for the town of C. for this present tax, do swear
that in the discharge of said trust you will deale impartially and equally in pro-
portioning 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
presci'ibed by this act. So help you God.

Which oath every justice of the peace and town clerk respectively of
each toAvne where no justice does reside is hereby impowered to admin-
ister. And every assessor attending the service aforesaid shall be paid
out of the town treasuxy, two shillings joer <;?iem for each day he is neces-
sarily imployed thereabout.

A7id he it further enacted by the authority aforesaid,
[Sect. 4.] That if the selectmen or trustees of any town or j^recinct
(or other assessor[s] accepting that trust), shall neglect or refuse to per-
form the service required of them by this act or to take the oath
appointed as aforesaid for the due performance thereof, they shall for-
feit and pay the sum herembefore set and projjortioned upon such town
or precinct, to be levied by distress and sale of the estates real or per-
sonal of such defective selectmen, 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 bodys to be
taken and imprisoned until they pay the same. And all sheriffs, con-
stables or collectors foiling 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 irapowred to take, use and ex-
ercise all such rules, directions, powers and authoritys for enforceing
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, powders and authoritys 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 he it further enacted by the authority aforesaid,
[Sect. 5.] That if any jierson be agrieved at the sum set upon him
as his proportion towards this tax, such person making application to
the selectmen or assessors and demonstrating that he is rated more
than his proportion to the sum set upon their town, said selectmen 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 makeing apj^ear that he is assessed more than his pro-
portion 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 vihereas divers towns or precincts within this province are
behind and in arrear of their proportion to several former publick taxes

[1st Sess.] Province Laws. — 1698. 341

and assessments some years since granted and set upon them, and by
reason of the calamitys of the war and other adversitys, and difficultys
beflilling of them by the removal and death of constables, collectors
and other inhabitants, alteration of the propertys of estates, and other-
wise they are rendred incapable to make good the same ; wherefore, for
the final settlement and issueing of the accompts thereof, —

It is enacted and declared by the authority aforesaid^

[Sect. 6.] That the towns and precincts hereafter named be abated,
remitted and forgiven the sums herein mentioned of their respective
proportions unto former taxes and assessnaieuts unpaid ; that is to
say, —

Southfield, two hundred twenty-eight povmds four shillings and nme-
pence ; Enfield, forty-one pounds three shillings ; Oxford, thirty-three
pounds six shillings ; Isles of Sho[a]les, twenty-two pounds ; North-
ampton, eight pounds six shillings ; Salisbury, fifteen pounds fourteen
shillings and sixpence ; Dedham, thirty pounds fourteen shilhngs and
eightpence; Kittery, thnty-six pounds; York, twelve pounds; Mana-
mo[y][/i5], one pound seven shillings and sixpence; Salem, thirty-nine
pounds, which is resting in Simon Willard's hands, and is to be dis-
counted 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 be paid ; Cambridge, forty-four pounds three
shilhngs and sevenpence ; and Charl[e]stown, one hundred forty-four
pounds eleven shillings and sixpence, saveing only ten pounds thereout,
which the said town of Charl[e]stown 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 Avhereof his estate, taken in execution for the
same, shall be discharged.

And it is further enacted and declared^

[Sect. 7.] That the selectmen of the towns of Charl[e]stown, Cam-
bridge and Dedham, and of each of them, be, and hereby are, respec-
tively impowred to nominate and appoint one or more coUectoi-s 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 may be, relating thereunto.

And whereas^ notwithstanding the above-mentioned abatements,
there rests due from some of the said towns in arrear, to their propor-
tion of former 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 eightpence, —

Be it therefore enacted and declared hy the authority aforesaid.,

[Sect. 8.] That the treasurer, in his warrant to be issued to the
selectmen, 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
treasurer's wan-ant to collect and pay in the same in manner and time
as is directed for the tax herein granted : promded^ nevertheless^ that
forasmuch as John Phillips, Esqr, late treasurer, heretofore drew an
order on the then collectors in said town of Cambridge, for the pay-
ment of thirty pounds unto Captain Andrew Belcher, which is part of
the sixty pounds before mentioned, the said order, with Captain Bel-
cher's I'eceipt thereon, being brought in, shall be accepted in discharge

342 Province Laws.— 1698. [Chap. 16.]

of the said town of Cambridge in the treasury from so much of the
said sixty pounds, and only the remaining thirty pounds of tlie said
arrear to be assessed and collected upon them.

Aiid lohereas there is outstanding and unj^aid 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 selectmen, and committed
unto the constables then in being to be collected, but through some
failure not perfected by them, —

Be it therefore enacted hy the authority aforesaid^
[Sect. 9.] 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 inhab-
itants of their several towns the beforementioned sum assessed ujion
them as aforesaid, being their town's 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 ensueing. And, upon their or either of their fail-
m'e or neglect to perform their duty in that behalfe, the treasurer is
hereby impowred by warrant under his hand and seal to cause the said
sum and sums respectively to be levied iijDon the estate or person of
such of the said constables that shall make default as the law does
provide in like cases. [JPassed and piihlished Jtme 27.

CHAPTER 16.

AN ACT FOR GRANTING UNTO HIS MAJESTY SEVERAL DUTIES OF IMPOST,
EXCISE AND TUNNAGE OF SHIPPING.

Wee, his majesty's loyal and dutiful subjects, the representatives of
this his majesty's province of the Massachusetts Bay in New England,
takeing 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 majesty's province, and for answering of the incident and
contingent charges in and about the same ; for the subsisting and pay-
ing of wages to souldiers that are and shall be imployed in his majesty's
service for the defence of his majesty's subjects and interests within this
province, and the suppressing of the Indian rebels ; for payment of the
salaries and allowances to the officers imj^loyed in and about the execu-
tion 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 sev-
eral duties and impositions xv^om. all wines, liquors, goods, wares and
merchandizes that shall be imported into this province, excise and tun-
nage of shipping, hereinafter mentioned and exjn-essed, and pray that it
may be enacted, —

And he it accordingly enacted hy the Lieutenant- Governour^ Council

and Hepresentatlves in General Court asseonhled^ and it is enacted and

ordained hy the authority of the same,

fhTiiteSs''^ [Sect. 1.] That from and after the twenty-ninth day of June, in

on wines, &c., this present year of our Lord one thousand six hundred ninety-eight,

until the twenty-ninth day of October thence next following, the sev-

[1st Sess.] Province Laws. — 1698. 313

eral rates and duties set ui^on all wines and liquors that shall be im- }^^*^jj*^jf ~^^!^' "^

ported into this province, in and by the act intituled "An Act for '

granting unto his majesty several duties of impost, excise and tunage

of shii^ping," 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

majesty's reign, be and hereby are continued to l)e paid by the importer

thereoij as in and by the said act is 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 Avincs and

liquors that shall be imported into this province, the rates and duties in

and by this present act hereunder set and expressed, and no other or

greater ; that is to say, —

For every pipe of common wine of the Western Islands, the sum of ^^m' for whies

twenty shillings. and liquors.

For every pipe of Passado wine, forty shillings.

For every j)ipe 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,
sixpence.

And be it further enacted^

[Sect. 2.] That from and after the twenty-ninth day of June afore-
said, 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
be imported as aforesaid (salt, cotton-wool, provisions and every other
thing of the growth and product of New England excepted),, the sev-
eral dutys and impositions following ; that is to say, —

For every hundred pound sterling in English merchandizes at the Duties to be
prime cost in England (the original invoices thereof to be produced and Ind^^'frfhan-^
shewn), the sum of ten shillings. <^izes.

For every hogshead of sugar, two shillings.

For every hogshead of molasses, one shilling.

For every hogshead of tobacco, two shillings sixpence.

For every ton of loggwood, three shillings.

And for all other commoditys, goods, wares and merchandizes (except
as before excepted), one penny for every twenty shillings value here.

[Sect. 3.1 All which afoi-esaid imposts, rates and dutys shall be One-half of the

i-T . -■ . n ,-1 • • J 2.^ . . '' p. . duties on Wines,

paid m currant money of this province, unto the commissioner tor un- &c., to be paid
post to be appointed as in and by this act is hereafter mentioned and fn5°Th!fother
expressed, or to his sub-receiver, the one-halfe thereof for wines and half in three
liquors, and the whole for goods and merchandizes, at or before the "^^^t^'^-
landing of any wines, liquors or goods ; and three months' time to be
allowed to the importer for payment of the other halfe for wines and
liquors, if he shall desire the same, and give bond, with sufficient secu-
rity to the commissioner or receiver, to be by him appointed, for pay-
ment thereof accordingly : otherwise the wdiole to be paid at or before
the landing of any such wines or liquors. And all cntrys, where the Fee for entry,
impost or duty to be paid doth not exceed four shillings, shall be made
without charge to the importer, and not more than sixpence to be j^aid
for any other single entry, to what value soever. And for every bond Fee for bond.
to be given as aforesaid there shall be paid twelvepence, and no more.

And he it further enacted by the cmtJiority aforesaid^

[Sect. 4.1 That if all or any wines or liquors as aforesaid shall be ^'^r?^*'!^ f?""

"-T 1 • 1 • 1 • • T /> T 1 T /^ 1 Wines and liq-

landed withm this province, and afterwards be exported out of the same uors exported.

344

Province Laws. — 1698.

[Chap. 16.]

Duties of ex
cise.

witliin twelve montlis after importation thereof (being so made to
appear), there shall be rej^aicl or discounted by the said commissioner
or his order nnto the importers or their assignes the respectiA^e sums
following ; that is to say, —

For every pipe of common wine of the Western Islands, the sum of
ten shillings.

For every pipe of Passado, Canary, Malmsey, Malago or sherry wines,
twenty-five shilUngs.

For every pipe of Madera, port wine, or wines not of any of the sorts
before mentioned, twenty shillings.

For every gallon of rhum, or other distilled liquors, imported as afore-
said, fourpence halfepenny.

A7id be it further enacted and ordained hy the authority aforesaid^

[Sect. 5.] That there shall be given, granted and paid unto his
majesty for the vises before mentioned, in currant money of this prov-
ince, from and after the said twenty-ninth day of June, in this joresent
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 hereinafter mentioned and expressed;
that is to say, —

For every gallon of common wines of the Western Islands, the sum
of sixpence.

For every gallon of Passado, Malago, Malmsey, Canary or sherry
wines, the sum of twelvepence.

For every gallon of Madera, port wine, or other wines not of any of
the sorts before mentioned, the sum of eightpence.

For every gallon of rhum, and all other sorts of distilled sj^irits, the
sum of one shilling.

For every barrel of beer, ale, perry and cyder, the sum of one shilling
and sixpence.

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

And he it further enacted hy the authority aforesaid,

[Sect. 6.] 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, comeing into any port or ports of this
province to trade or trafiick, the major part of the owners whereof are
not belonging to this province, every voyage such shij) or vessel do's
make, the sum of twelvepence per ton, or one pound of good and new
gunpowder for every ton such ship or vessel is in burthen, to be im-
ployed for the supply of his majesty's castle and forts within this
province.

And he it further enacted hy the authority aforesaid,
Continuation of [Sect. 7.] That all and eveiy the sections, paragraphs, clauses, arti-
to^the'offi^rs.^ ^^^^' powcrs, autlioritys, pcnaltys and proviso's mentioned, expressed and
contained in the aforerecited act passed by the general assembly, at
their session begun and held the twenty-sixth day of May, in the ninth
year of his majesty's reign, intituled "An Act for granting unto his
majesty several duties of impost, excise and tunnage of shipping," wdiich
anyways relate to the managing, levying or collecting of the dutys of
imj)ost, excise and tunnage of shipping therein granted, or for the pre-
venting of frauds, be, and hereby are revived, to abide, remain and con-
tinue 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 dutys of impost, excise and tunnage of shipping,
granted In and by this act as fully and effectually, to all intents and

Tonnage or
powder duty.

within
s after

[1st Sess.] Province Laws.— 1698. 345

purposes, as if the same had herein been again particularly recited and
re-enacted.

And be it further enacted hy the authority aforesaid,

[Sect. 8.] That when and so often as any wines or liquors shall bo Onus probandi.
seized for being landed before the duty[s] and impost thereof be paid or
secured to be paid as by this act is provided, the proofc whether the
dutys for such wines or liquors be paid, or secured to be paid, shall lye
upon the claimer, whoso oath shall be accounted sufficient proofe ; and f "^^Jl^^^^opg^
any one justice of the peace shall and hereby is impowred to make out doors,
his warrant for searching of any houses, cellars or warehouses for wines
or liquors that he shall be informed w[/i]ere [there] [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 warehouses, where entrance shall be denied, in such
manner and sort, and under the same proviso's as any two justices of the
peace, by virtue of the aforerecited act, could or might have done.

[Sect. 9.] And no master of any ship or other vessel^ shall suffer Penaityonmas-
any wines to be filled up on board, without giving a certificate of the wi'^iieToHiqlwrs
quantity so filled, under his hand, before the landing thereof, to the chief ^^^^'^^^^^'^'ch' "^
officer of the impost in such port, on pain of forfeiting the sum of fifty
pounds, one-half thereof to his majesty, for the uses and intents for
which the aforementioned dutys of impost, excise and tunnage of ship-
ping are granted, and the other halfe to him or them that shall informs
and sue for the same in any court of record.

And be it further enacted by the authority aforesaid,

[Sect, 10.'] That all wines and liquors liable to the aforesaid dutys Wines andUq-
of impost, which shall not be entred and the dutys thereof paid ov ^°}^^^l^^ll^'
secured to be iiaid within the space of four dayes from and next after ties paid wit'

n ■.'^ -, • 111 .1 • A. ^ lour days ait

the entry ot the ship or other vessel whereon the same are miportecl, entry of the
may by the officer of the impost in such port be brought on shore and ^'^"P-
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, wines or liq-
nevertheless, that when and so often as any wines or Hquors shall by "n tiie''sam^(f'^
the importer be really and bona fide desio;ned and intended not to be bottom, with

1 1 n •,! • ,1 • • 1 , , i T i t. 1„„„ ; , intent not to he

landed withm this province, but transported to some port or place m landed, to be

another plantation or government upon the same ship or vessel whereon *'"^^!^^*^''"™ ""'

they were imported, and upon the accompt or risque of the importer or

owner, without altering or transferring the property thereof to any

other person, and such importer makeing oath before the commissioner Oath tiiereof to

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 accompt and risque of the importer 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 —to be entered.

such importer 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,

[Sect. 11.] That all oaths appointed by this or any other act to be Oaths to be ad-
made at the impost office shall betaken before the commissioner or chief t?ie"commis-^
officer of the impost in each respective port, and not otherwise, any siouers or^iiief
law or custom to the contrary notwithstanding. post.

And be it further enacted by the authority aforesaid, . .

[Sect. 12.] That there be one fit person, and no more, nominated fornianaging"

346

Province Laws. — 1698.

[Chap. 16.]

Commissioners
aud other offi-
cers to be
sworn ;

— to keep fair
accounts ;

—their power.

Commissioners
allowed to
farm out the
excise.

This act to con-
tinue for one
year.

Drawback on
wines and liq-
uors imported
before the 2'Jth
of October to
be the same as
before.

and api^ointed by this court as a commissioner and collector, to have
the general inspection, care and management of the said office of
impost and tunnage of shipping, or powder duty aforesaid, and what-
soever relates unto the same ; and that there be two fit persons, and no
more, nominated and appointed by this court as commissioners or
collectors, to have the general inspection, care and management of the
said office of excise, and whatsoever relates thereunto ; which commis-
sioner 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 im-
power such and so many officers under him and them respectively as,
with the advice of the treasurer for the time being of this his majesty's
province, he and they shall think necessary for the well ordering and
managing of the affiiirs relating to each of the said offices, aud the
better to prevent frauds ; and to grant them warrants for executing of
the same.

[Sect. 13,] And the said commissioner and commissioners respec-
tively, and all other officers under him and them, before then* entring
ujDon the execution of their respective offices, shall be swome to deale
truely and faithfully therein ; Avhich said commissioner and commission-
ers respectively shall keep fair bookes of all entrys and dutys arising by
this act, and the same to lye open at all seasonable times to the view
and i^erusal of the treasurer and receiver-general of this province, with
whom he and they shall also accomj^t for all collections and i^ayments,
and pay in all such moneys as shall be in his and their hands, as the
treasurer shall demand it.

[Sect. 14.] And the said commissioners shall have and receive such
sum and sums as the general assembly shall think fit to allow him and
them, for his and their labour, care and expences in the said afiair, and
all other officers imployed under the said commissioner and commis-
sioners respectively shall be paid for their service as he and they,
together with the treasurer, shall agree, upon reasonable terms.

[Sect. 15.] And the said commissioner for imjiost and tunnage of
shipping, or powder duty aforesaid, and the said commissioners for
excise resj^ectively, and their underofficers, shall have as large and
ample power and authority, in all matters and things relating to their
said respective offices, as by the afore-recited act is given and granted
to the commissioner for impost and tunnage of shipping, and commis-
sioners for excise respectively, and their underofficers.

[Sect. 16.] And it shall and may be lawful to and for the commis-
sioners for excise to agree for, or to lett or ferme 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
l^rovince. And in case they shall let or farnie 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, and no longer.

Promded, also, that for all wines and liquors imported and landed
within this jirovince 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, accord-
ing to the directions of the afore-recited act, any thing herein contained
to the contrary notwithstanding. [^JPassed and published June 27.

[2d Sess.] Province Laws.—1698. 347

ACTS

Passed at the Session begun and held at Boston,
ON the Fifteenth day of November, A.D. 1698.

CHAPTER 17.

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, 1698, [ONE THOUSAND SIX HUNDRED NINETY-
EIGHTI, AND FOR GRANTING OF OTHER DUTIES OF IMPOST INSTEAD
THEREOF.

FoK the better encouragement of trade and commerce within this
province, —

£e it enacted hy the Lieutenmit-Go'tiemour^ Coimcil and Hepresen-
tatives convened in General Asse^nhly, and hy the authority of the
same^

[Sect. 1.] That all and singular the rates and dutys of impost upon
all wines, liquors, goods, wares and merchandizes 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, intituled " An Act for 1698, chap. 16.
granting unto his majesty several dutys 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 wayes
relating to the said dutys of impost, be and hereby are repealed and
made void and of none effect.

And be it further enacted hy the authority aforesaid,

[Sect. 2.] That in lieu and stead of the said duties of impost
gi-anted 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 ends,
uses and intents following ; that is to say, for and towards the subsist-
ing and paying of wages to seamen and souldiers that are or shall be
imployed in his majesty's service for the defence of his majesty's sub-
jects and interests within this province, and the suppressing of the
Indian rebels ; for the upholding and supplying of his majesty's castle
upon Castle Island near Boston, and his majesty's 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 defrejdng of the incident and contingent charges in
and about the support of the government within this his majesty's prov
ince ; 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

348 Province Laws.— 1698. [Chap. 17.]

and after tlie publication of this act, for and diiring 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 shil-
lings.

For every pipe of port wine, or wine of any of the sorts not before
mentioned, the sum often shillings.

And so proportionably for greater or lesser quantities, and for every
gallon of rhum or other spirits, the sum of three halfpence.

For every hundred pound sterling in English merchandizes, at the
prime cost in England, the sum often shillings.

For every hogshead of sugar, two shillings.

For every hogshead of molasses, one shilling.

For every hogshead of tobacco, two shillings sixpence.

For every tun of loggwood, three shillings.

And for all the other commoditys, 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 shil-
Ungs' value here.

A7id be it further enacted hy the authority aforesaid,

Impost to be [Sect. 3.] That all the aforesaid imposts, rates and duties shall be

Eiudiug."'^^ paid in currant money of this province by the imjDorter of any wines,

liquors, goods or merchandizes unto the commissioner or receiver to be

appointed, as is hereinafter directed, for entring and receiving of the

same, at or before the landing of any wines, liquors, goods or merchan-

Fee for entry, dizes ; and all entries where the impost or duty to be paid doth not

exceed four shillings shall be made without charge to the importer, and

not more than sixpence to be paid for any other single entry to what

value soever.

And be it further enacted by the authority aforesaid,

Master to make [Sect. 4. J That all masters of ships or other vessels coming into

content^s^of Ms ^^^J harbour or joort within this province from beyond sea, or from any

loading, other province or colony, before bulk be broken, 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 commission4'r or receiver under his

hand, and shall therein set down and express the quantitys 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

—upon oath. 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 contains a just and true accompt to the best of his knowledge

of the wdiole lading taken on board and imjjorted in said vessel from

the port or ports such vessel came from ; and that he hath not broken

bulk nor delivered any of the wines, rhum or other distilled liquors

loaden on said ship or vessel, directly or indirectly ; and that if he shall

know of any more w ines, liquors, goods or merchandizes to be imported

therein, before the landing thereof, he will cause it to be added to his

Penalty for manifest : wdiich oath the commissioner or receiver is hereby impowred

^^^ ^'^ ■ to administer, 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.

[2d Sess.] Province Laws.— 1698. 349

And he it further enacted hy the authority aforesaid,

rSECT. 5.1 That all merchants, factors or other persons, importers, 5^^°^^^L*'*

, !- X? ^ • ?• xi • T T make entry.

benig owners oi or having any of the wnies, liquors, goods, wares or
merchandizes consigned to them, that by this act are liable to pay im-
post or duty, shall, by themselves or order, make entry thereof in writ-
ing under their hands, with the said commissioner or receiver, and pro-
duce 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 imj^orted, 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 Avincs, liquors, goods, wares or merchan-
dizes, that by this act are liable to pay impost or duty, shall be landed
on any wharffe or into any warehouse or other place but in the daytime
only, and that after sunrise and before sunset, unless in the presence of
and with the consent of the commissioner or receiver, on pain of for-
feiting 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 Avarehouse or other j^lace. And if the commissioner or receiver
shall suspect that any merchant, factor or other i^erson to Avhom 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,
or that the invoices thereof produced and shewn by any person or per-
sons, as by this act is directed, are not really and honafide 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 per-
sons 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 ; Avhich 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 he it further enacted hy the authority aforesaid,

[Sect. 6.] That every merchant or other person importing any Allowance for
wines into this province, shall be allowed twelve per cent [for] leak-age, ^*^'''''*se-
provided such wines have not been filled up on board ; 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 suiFer any Avines 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 receiA^cr of the impost in such port, on
pain of forfeiting the sum of fifty pounds. And if it be made appear Allowance for
that any Avines imported in any ship or A'essel be decayed at the time of *^*^'''^J'^'^ wines,
landing thereof, or in scA^en days aftcnvard, oath being made, if required,
before the commissioner or receiA'cr that the same hath not been landed
above that time, the duty and impost paid for such Avine shall be repaid
unto the importer thereof.

And he it further enacted hy the authority aforesaid,

[Sect. 7.] That the master of CA^ery ship or vessel importing any Master liable to
Avines, liquors, goods, Avares or merchandizes, shall be liable to and shall P^y impost.
pay the impost for sucli and so much thereof contained in his manifest
as shall not be duely entred ; and the duty paid for the same by the per-
son or persons to whom such wines, liquors, goods, wares or merchan-
dizes are or shall be consigned. And it shall and may be lawful to and

350

Province Laws. — 1698.

[Chap. 17.]

Commissioner
empowered to
sue for the im-
post.

Vessel, the mas-
ter of which
shall make de-
fault, to be
liable to make
good the pen-
alty, &c.

Commissioner
to allow bills of
store.

for the master of every ship or other vessel to secure and detain in his
hands, at the owner's risque, all such wines, liquors, goods, wares or
merchandizes imported in such ship or A^essel, until he shall receive a
certificate from the commissioner or receiver of the impost that the
duty for the same is j^aid, 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 owner's
risque, until the impost thereof, witli charges, be paid, and then to
deliver such wines, hquors, goods or merchandizes as such master shall
direct.

And he it further enacted by the authority aforesaid,
[Sect. 8.] That the commissioner or receiver of the impost in each
port shall be 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 man-
ifest by him to be given u^^on oath as aforesaid, as shall remain not
entred, and the duty or im^iost 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 mer-
chandizes 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 he it further enacted hy the authority aforesaid,
[Sect. 9.] That the ship or vessel, with her tackle, apparrel and
furniture, the master of which shall make default in anything by this
act required to be perfoimed by him, 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 judgement recovered against such master, the said ship or
vessel, or so much of the tackle or appurtenances thereof as shall be
sufficient to satisfy said judgement, 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 judgement be given in any suit to be com-
menced and prosecuted for any of the said forfeitures or impost, to the
intent that if judgement be rendred for the j^rosecutor 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 su.fficient security to the commissioner or receiver
of the impost that seized the same, to respond and satisfy 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 or 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 imijost is
hereby further impowi'ed to allow bills of store, to the masters of any
ships or vessels importing any wines or liquors, for such private adven-
tures as shall belong to the master and seamen of such ship or other
vessel, at the discretion of the [said] commissioner or receiver, not
exceeding three per cent of the ladeing ; and the dutys payable by this
act for such wines or liquors in such bills of store mentioned and
exjn-essed shall be abated.

[2dSess.] Province Laws.— 1698. 351

And be it further enacted by the authority aforesaid,

[Sect. 10.] That all pcnaltys and forfeitures accruing or arising by Penalties, how
virtue of this act shall be one-half to his majesty, for the uses and and dispo7e*d.^
intents for which the afore-mentioned duties of impost are granted, and
the other lialfe to him or them that shall seize, inform and sue for the
same by action, bill, plaint or information in any of his majesty's 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 halfe
belonging to the informer.

And be it further enacted by the authority aforesaid,

[Sect. 1L] That there be one fit person, and no more, nominated ^and^icllver
and appointed by this court, as a commissioner and receiver of the to he appoint-
aforesaid dutys of impost, and for the inspection, care and management ^^'
of the said office, and whatsoever relates thereunto, to receive commis-
sion 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 j)ort 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 commis-
sioner 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 wdioni he shall accompt for all collections and payments,
and pay in all such moneys as shall be in his hands, as the treasurer
shall demand it.

[Sect. 12.] And the said commissioner and receiver, and his deputy —and sworn;
and deputys, before their entriug upon the execution of their said office,
shall be sworne to deale truely 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.

[Sect. 13.] And the said commissioner and receiver, for his labour, —his aUow-
care and expences in the said office, shall have and receive out of the ^^'^^'
province treasury sixty pounds in money per annum, and his deputy or
deputys to be paid for their service such sum and sums as the said com-
missioner and receiver, with the treasurer, shall agree, upon reasonable
terms : provided, nevertheless, that the present commissioner and recciv- Present com-
ers of the dutys of impost be and hereby are continued for collecting and J^Jfcdvers'^to"''
receiving of the dutys granted by this act, and for the inspection, care continue tm the
and management of the said office, and what relates thereunto, until
the first day of March next comeing; and then the person that shall be
nominated and aj^pointed by this court to be the commissioner or
receiver of the aforesaid dutys, 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 deputys, shall also be
i-eceivers of the duty of tannage of shipping, or powder duty, granted
by the before-recited act intituled "An Act for granting unto his
majesty 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,

[Sect. 14.] That in case any wines or liquors, imported and landed Drawback to be
within this province at any time before the publication of this act (the "vlnes^a/^ Hq-
impost and duty of wdiich hath been well and truely paid, or secured to uors imported
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 forme as by the act or acts for granting the said
dutys of impost is directed, then and in every such case ihere shall

352

Province Laws. — 1698.

[Chap. 18.]

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 intituled " An Act for grant-
ing unto his majesty several dutys of impost, excise and tunnage of
shipping : " j^rovided, 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.
[^I^assed December 9 ; published December 10.

CHAPTER 18.

AN ACT FOR REGULATING AND INSPECTING THE BUILDING OF SHIPS.

Disallowed by
the privy coun-
cil, Oct. 22,
1700.

Warrant to be
obtained and
survey made
before plank-
ing.

Special times
for a survey.

No timber or
plank of oak
other than
wliite oak to be
used.

Surveyors to be
svrorn.

Penalty on
builders neg-
lecting to have
a survey.

FoEASMTJCH as the building of ships is a business of great importance
for the common good, and not only the safety of men's estates, but lives
are nearly concerned in the well and ordeily performing of the same ;
and forasmuch as builders, and workmen imployed xmder 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 agreable to
the course and practice of his majesty's kingdom of England that suit-
able provision be made and effectual care taken therein, —

De it €7iacted by the Lieutenant- Governour, Council and Mepresenta-
tives in General Court assembled, and by the authority of the same,

[Sect. 1.] That when and so often as any ship or vessel of thirty
tuns or upwards is to be built and set uj) in any town or place within
this province, before any plank be brought on, the car|3enter or under-
taker shall repair unto one of the justices of the peace within the same
county, Avho, upon request made, is hereby impowred to appoint and
authorize one or more able shijDwrights to be overseers and surveyers of
the said building, and of all the materials and workmanship to be im-
proved, made tise 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 esj^ecially at such times as in and by
this act is hereafter directed and appointed ; that is to say, every teare
of timbers shall be surveyed before they be inclosed or covered with
plank ; and the floor timbers before the keelson 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 su-
table for the occasion, and that the works be done and perfoimed strong,
substantial and in workmanlike manner, according to the rules of the
shipwrights' art ; and that all trunnels be not only sound and well sea-
soned, but also without saj^ ; and shall have a particular care and regard
that such ship or vessel be well calked ; and not to alloAV any timber or
plank of oake to be used therein other than white oake ; and shall direct
that all insufficient materials be taken out, and that defective workman-
ship be amended.

[Sect. 2.] And the surveyers and overseers to be appointed as
aforesaid shall have an oath aclministred unto them to be faithful and
indifierent between the carpenter or builder and the undertaker, and to
observe the directions given them by this act.

And be it further enacted by the authority aforesaid,

[Sect. 3.] That 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 over-
seers have been to view the frame, every such carpenter or builder

[2d Sess.] Phovince Laws.— 1698. 353

offending herein shall forfeit and pay the sum often pounds; one moiety
thereof unto his majesty for and towards the support of the govern-
ment of this province, and the contingent charges thereof, and the
other moiety to him or them that shall informe and sue for the same by
bill, plaint or information, in any of his majesty's courts of record
Avithin this province.

[Sect. 4.] And if any carpenter or builder, upon the advice and fy"|.J,"J^;;;^tPft'^'*^
direction of such surveyors or overseers, shall neglect to take out, tending the ad-
reform, and amend what is judged by them to be defective or amiss in ^^^j^o?*.^''*" '"•■"
any materials or workmanship, he shall forfeit and pay the sum of five
shillings 2ier diem to the use of the poor of that town where such ship
or vessel shall be in building, until the defects be amended, bemg con-
victed 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.

A}id he it further enacted by the authority aforesaid,

[Sect. 5.] That when any surveyors and overseers arc called upon Overseers' ai-
by the carpenter or undertaker respectively to survey the work or
materials as is provided in this act, every such surveyor or overseer
shall have for his care and attendance when called, three shillings for
every survey, which charge of surveying is to be borne by the carpen-
ter 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 judgement on or about any work unfinished
that tlie same is faulty or defective, the carpenter shall not thereby
incur the charge of surveying ; but only when the surveyers or over-
seers 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. [^Passed Decem-
ber 7 ; published December 10.

" B}' the preamble of this Act, it seems to be grounded upon a mistaken opinion, as if there
were some such practice in England settled by law. Whereas there is not : And if the said Act
should be confirmed or continue in force it would subject his Majesty's Builders (in case it
should hereafter be thought fit to build any ships there for his Majesty's service) to the inspec-
tion and controul of overseers, to bo appointed by the Justices of the Peace of that Countiy,
and to other powers thereby granted to the said Justices; and would, in like manner, subject all
Merchants of England that may send thither to build ships for their own use to the same Rules:
Which seem unto us inconveniences fit to be avoided." — Representation of the Board of Trade,
ut supra.

CHAPTER 19.

AN ACT IN" ADDITION TO AND EXPLANATION OF THE ACT AGAINST
ADULTERY AND POLYGAMY, MADE IN THE SIXTH YEAR OF THE REIGN
OF KING WILLIAM AND QUEEN MARY.

Whereas, in the act intituled " An Act against adultery and polyg- 1694-5, chap. 5.
amy," it is provided in these words : " Provided, ahcays, that this act,
or anything therein contained, shall not extend to any person or per-
sons whose husband or wife shall be continually remaining beyond the
seas by the space of seven years together, or whose husband or Avife
shall absent him- or herselfe the one from the other by the space of
seven years together, in any part within their majesty's dominions or
elsewhere, the one of them not knowing the other to be living within
that time," whicli limitation of seven years is in some cases found to be
excessive and inconvenient ; therefore, for the better preventing the vio-
lation of the seventh commandment, and for obtaining the blessings
God is wont to bestow upon the keepers of the same, —

354 Province Laws.— 1698. [Chap. 20.]

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,
Limitation of That if Jiiiy married jDerson, man or woman, has lately or shall here-
three years in fjftgr go to sea in any ship or other vessel bound from one port to
another wlicre 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, or shall only be heard of under such circumstances as may rather
confirm the opinion, commonly received, of the whole company's being
utterly lost, in every such case the matter being laid before the govern-
our and council, and made to apjDear, 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. \_Passed December 2; /)z/5?»57i(S6?
December 10.

CHAPTER 20.

AN ACT ENABLING SHERIFFS, CONSTABLES, &c., TO REQUIRE AID AND
ASSISTANCE IN THE EXECUTION OF THEIR RESPECTIVE OFFICES RE-
FERRING TO CRIMINALS.

Forasmuch as it is oftentimes necessary that sheriffs, undersheriffs
and constables be aided and assisted in the execution of their respective
offices, —

De it therefore enacted by the Lieutenant- Governour, Council and
Representatives convened in General Assembly, and by the authority
of the same.
Penalty for re- [Sect. 1.] That when and so often as any sheriff, undersheriff or
to^aid^orTslist* Constable shall be in the execution of his office for the preservation of
the sherifl", &c. 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, undersheriff or constable to
require suteable aid and assistance therein ; and if any person or persons
being required by any sheriff, undersheriff or constable in his majesty's
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 majestie's justices of the peace, such offender or offenders shall
be fined, to the vise of the poor of the town where the offence shall be
committed, not exceeding forty shillings, at the discretion of such jus-
tice or justices, according to the circumstances aggravating or lessening
such offence. 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.
Penalty for pre- [Sect. 2.] And if any person or persons not being really and bona
shcriff^&c ^ami fi^^ ^ sheriff, undersheriff or constable, shall presume to abuse his raaj-
not so feona'^de. esty's name and authority in jn'etending 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

[2d Sess.] Province Laws. — 1698. 355

offence, at the discretion of the court before whom the conviction shall
be ; one moiety of the said fine or forfeitm-e to be unto his majesty
towards the support of the government within this his majesty's province,
and the other moiety to him or them that shall informe and prosecute
for the same.

And be it further enacted by the authority aforesaid,

[Sect. 3.] That any of his majesty's justices of peace, for the command'any
preservation of the same, or upon view of the breach thereof, or of any person to ap-
other transgression of law proper to his cognizance done or committed fen^en ^" ^
by any person or persons whatsoever, shall, and hereby is impowred (in
the absence of a sheriff, undersheriffe or constable), to require any
person or persons to apj^rehend 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 penaltys as is before jDrovided for refusing or neglecting to
assist any sheriff, undersheriff or constable in the execution of his office
as before mentioned. And no person or jDersons so offending, unto Penalty for
whom such justice is known, or shall declare himselfe so to be, shall be fu^L*'* ^"^ "^^
admitted to plead excuse, or pretence of ignorance of his office. [Passed
and published December 10.

CHAPTER 21.

AN ACT FOR THE BETTER PRESERVATION AND 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 htmted 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, —

Me it therefore enacted by the Xiieiitenant- Governour, Council and
Hepresentatives in General Court assembled^ and by the authority of
the same,

[Sect. 1.] That no person or persons whatsoever within this province, No deer to be
from and after the last day of December, in this present year one thou- Delfemb^erand
sand six hundred ninety-eight, till the first day of August one thousand August yearly,
six hundred ninety-nine, and so from the last day of December to the °" ^^°^ ^'
first day of August following, annually, forever hereafter, shall any ways
whatsoever kill any buck, doe or fawn, on pain that such person or per-
sons 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 majesty's province, and the other moiety to him or them that shall
infonne 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 Persons unable
have wherewithal to pay his or their fine or fines, he or they shall for aHyKltlffy'
the first offence work twenty days, for the second thirty, and for the by work,
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.

[Sect. 2.] And if any venison, skin or skins of any buck, doe or The flesh or
fawn, newly killed, shall, at any time in any of the aforesaid months foundftoYelu"
wherein they are by this act prohibited to be kUled, be found with or in ficient convic-

' tion, unless, &c.

356 Province Laws.— 1698. [Chap. 22.]

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 con-
trary to the intent 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 foith and make proof who was the person or who were
the persons that sold or killed the same : provided^ alxoays^ —
And he it further enacted hy the authority aforesaid,
be kmed"t™u'' [Sect. 3.] That it shall and may be lawful for any person or persons
time. whatsoever 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, anything in this act to
the contrary notwithstanding. \_Passed and published jDecemher 10.

CHAPTEK 22.

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 penal bond shall be
found, in the entring up of judgement 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 majesty's 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 relief in equity in
cases not relievcable by the rules of the common law ; to the intent,
therefore, that justice and equity may be jointly administred, —

JBe it enacted by the Lieutenant- Governour, Council and Representa-
tives in Genercd Court assembled, and by the authority of the same.
Courts of jus- [Sect. 1.] That in all cases brought or to be brought for tryal in
to chancerpen'^ the supcriour court of judicatu]-e, or in the inferiour court of common
aities annexed j^leas within the scvcral countys, where the forfeiture or penalty
and'ibrfeitures annexed unto any articles, agreement, covenant, contract, charter-party,
of estates ^y other spccialtys or forfeiture of estates on condition executed by

granted on con- ,,„^ -^ , . t, .iif. iiiij?i

dition. deed of mortgage, or bargain and sale with defeazeance, shall be found

9AUen,7i!V3. ^J verdict of jury, or confession of the obligor, mortgager or vender,
Quincy,' 194. the justiccs 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 con-
science to chancer the forfeiture, and enter up judgement for the just
debt and damages, and to award execution accordingly ; only in real
actions upon mortgage or bargain and sale, with defeazeance, the judge-
ment to be conditional, — that the mortgager or vender, or his heirs,
executors or administrators do pay unto the plaintifi' such sum as the
court shall determin to be justly due thereupon, within two months
time after judgement 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.
Provision for [Sect. 2.1 That in all cases of like nature heretofore heard and

C&S6S 01 JlKG ml- 1-, rt-i c* • * •I'll* * * j-l

ture heard and tiycd m any of the courts of justice within this province, since tne
Apriifr6&^. month of April in the year of our Lord God one thousand six hundred
eighty-six, where the whole forfeiture or penalty of any bond or obliga-
tion, conditioned for the payment of money, perfomiance of articles,
covenants, agreements, charter-parties or other specialties, has been

[2d Sess.] Province Laws.— 1698. ^57

recovered and exacted, or where any estate granted on condition, by
mortgage, oi* bargain and sale With defeaaeahcc^ hath been recovered,
and the mortgagee or vendee, by himselfe or assigiies, hath entred into,
or by any ways or means whatsoever obtained possession thereof, by
default of the mortgager' or vender's paying the money, or otherwise
performing what according to such condition or defeazcance he ought
to have done, the party agrieved and oppressed by such exaction, or to
wliom the right or equity of redemption of any sucli 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 infe-
riour court of common pleas at his pleasure ; and shall cause the adverse
party to be served with a writt 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 defendant's 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 : p'ovided, 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.

[Sect. 3.] And the justices in the beforementioned courts respec- I'he justices of
tively are hereby impowred and authorized to receive and heare every courtTempow-
such case and cases that shall be orderly brouo-ht before them as afore- *^'"'\'' *° receive
said, and, on consideration of the several pleas and allegations made by cases and to
either party, to decree and enter up judgement therein agreable to fquuV^*'*^^ "*
equity and good conscience, and to award execution accordingly. i? Mass. 120,

[Sect. 4.] And where any mortgagee or vendee of any houses or {{ Gray,

49i).

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, tendiing payment of the original debt and damages,
or such j^art 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 partys shall be made to appear, the
mortgagee or vendee, or his heires, 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 scale, execute and
acknowledge a good and sufiicient deed in the law of release and quit-
claim to the same. But in case of his not appearing in court, or refusal
to accept such payment tendred, the whole of said moneys which the
court shall enter judgement for, being left in custody of the court on
behalf and for the use of the mortgagee or vendee, his heires or assignes,
judgment shall be entred up for the mortgager or vender, or his heires,
to recover possession of such houses or lands, and execution be accord-
ingly awarded.

And further it is enacted,

[Sect. 5.] That at any time hereafter where the mortgagee or ven- dempHoir'
dee shall be in actual possession of any estate granted on condition, it where the mort-
shall be in the liberty of the mortgager or vender, or his heirs, to bring feI^on'to"be*'*'
his suit in manner as aforesaid, for redemption thereof, within the brought in
space of three years next after the term therein expired, and not *""'^'^'-^''''"'^-
afterwards : provided, ahcays, that the party agrieved at any judge- Appeal,
mcnt to be given as aforesaid shall have the same liberty of appeal and
review as in other cases is provided at the common law. \_Passed and
published December 10.

358 Peovince Laws.— 1698. [Chaps. 23, 24.]

CHAPTER 23.

AN ACT FOR ESTABLISHING THE FORME OF AN OATH TO BE ADMINIS-
TRED UNTO THE JUSTICES OF THE SUPERIOUR COURT OF JUDICATURE,
AND THE JUSTICES OF THE INFERIOUR COURT OF COMMON PLEAS
RESPECTIVELY.

Be it enacted by the Lieutenant- Governour, Council and Bepresenta-
tives in General Court assembled, and by the authority of the same.

That the oath following shall be administred unto each of the justices
of the superiour court of judicature, and also to each of the justices of
the respective inferiour 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, —

Justices of ^ You swear that well and truely you sliall 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 pro-
vide to be relieved in equity, there to proceed according to equity and good con-
science, 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 respective
courts aforesaid, from time to time, before their entring upon the execu-
tion of their office. \_Passed and published December 10.

CHAPTER 24.

AN ACT FOR GRANTING UNTO HIS MAJESTY A TAX UPON POLLS AND

ESTATES.

Wee, his majesty's loyal and dutiful subjects, the representatives of
this his majesty's 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 and paying of wages to souldiers and
seamen, and vessels' hire that are or sliall be imployed in his majesty's
service ; and for the prosecuting and subdueing 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 contin-
gent 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 dutys 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 shil-
lings in money, to be levied upon polls and estates, both real and per-
sonal, within the said province, as in and by this present act for the
manner and proportion thereof is directed and set forth.

[2d Sess.] Province Laws. — 1698. 359

And be it enacted hj the Lieutemmt- Governour, Council and Hepre-
sentatives in General Court assembled, and by the authority of the same,

[Sect. 1.] That the treasurer do forthwith send out his warrants,
directed unto the selectmen, 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 president, fellows and stiidents of Harvard Col-
ledge, grammar-school masters, and such who through age, infirmity or
extream poverty, in the judgement of the selectmen, trustees or assess-
ors, 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) in whose hands, possession,
tenure or occupation soever the same shall be found, at one penny on
the pound ; and to abate or multiply said sum (if need be) so as to
make up, together with what shall arise upon polls, the full sum hereby
set and proportioned unto such town or precinct : houses and lands to
be estimated at the yearly rent or income whereat they usually are or
may reasonably be lett for in the places where they lye, and not other-
wise ; and the tenant or occupant thereof to be assessed for the same :
all Indian, molatto and negro servants to be estimated as other per-
sonal estate, according to the sound judgement and discretion of the
assessors, not excluding faculties : also requiring the said selectmen,
trustees or assessors to make a fair list or lists of the said assessment,
setting forth in distinct columns against each particular person's 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
retvn-n 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 himselfe some time before the last day of January next
ensueing.

[Sect. 2.] And the treasurer, upon receipt of such certificate, is
hereby impowred and ordered to issue forth his warrants to the collec-
tor, constable or constables of such town, requiring him or them respec-
tively to collect the sum total of the list or lists to him or them com-
mitted, and to pay the same into the treasury, and issue the accompts
thereof with himselfe or his successor in said ofiice, at or before the
thirtieth day of Aj^ril next following.

[Sect. 3.] And the treasurer is hereby also directed to send his
aforesaid warrants, inclosed, to the sheriffe or marshal of each respective
county, wdio is required immediately to disperse and transmit the same
unto the selectmen, trustees, assessors, constables or collectors of the
several towns and precincts witliin such county, accoi'ding to the direc-
tions 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 j^aid out of the county
treasury, upon his laying the accompt thereof before them.

And be it further enacted by the authority aforesaid.,

[Sect. 4.] That each town and precinct within this province shall
be assessed and pay as its proportion to this present tax the sum here-
after following ; that is to say, —

I>r THE COir^TY OF SUrFOLK[E].

Boston, nine hundred seventy-five jiounds, . . . £975 Os. Od.
Roxbury, eighty-two pounds ten shillings, . . . 82 10 0
Dorchester, one hundred and seven pounds ten shillings, 107 10 0

360

Province Laws. — 1698.

[Chap. 24.]

Milton, forty-five pounds,
Brantrey, eighty pounds,
Weymouth, fifty pounds,
Hingham, eiglity-seven pounds ten shillings,
Dedham, fifty-eight pounds fifteen shillings,
Wrentham, fifteene pounds, .
Medfield, forty-seven pounds ten shillings,
Mendon, seven pounds ten shillings,
Hull, forty pounds, .....

£45 05. Ocl

80 0 0

50 0 0

87 10 0

58 15 0

15 0 0

47 10 0

7 10 0

40 0 0

IN THE COUNTY OF ESSEX.

Salem, two hundred and five pounds, ....

Ipswich, two hundred twenty-eight pounds fifteen shillings,

Newbury, one hundred fifty-two pounds ten shillings,

Salisbury, forty pounds, .

Aimsbury, fifteen pounds,

Haverhil[l], forty pounds,

Andover, fifty pounds,

Bradford, twenty pounds,

Topsfield, forty-three pounds fifteen shillings, .

Marblehead, seventy-seven pounds tenn shillings,

Lynn, eighty-five pounds, ....

Wenham, thirty-five pounds, ....

Beverly, sixty-two pounds ten shillings, .

Glocester, forty-two pounds ten shillings,

Manchester, twelve pounds ten shillings,

Rowley, sixty pounds, .....

Boxford, thirty pounds,

IN THE COUNTY OF MIDDLESEX.

Charl[e]stown, one hundred forty-five pounds,

Cambridge, one hundred and two poxands ten shillings,

Watertown, one hundred twenty-five pounds,

Newto[w]n, fifty pounds,

Sudbury, sixty-five pounds,

Marlborough, forty-one pounds five shillings,

Medford, twenty pounds,

Maulden, forty-five pounds,

Woob[o]urn[e], seventy-five pounds,

Reading, fifty-five pounds,

Bil[^]erica, twenty-five pounds,

Chelmsford, thirty-five pounds.

Concord, seventy-two pounds,

Stow, five pounds, .....

Groton, twenty pounds, ....

Lancaster, tenn pounds, ....

Sherbo[w]rn[e], thirty-two pounds ten shillings,

Framingham, tenn pounds, ....

IN THE COUNTY OF HAMPSHIRE

Springfield, sixty pounds,
Northampton, fifty-five pounds,
Hadley, forty pounds, ....
Hatfield, thirty-two pounds ten shillings,
Southfield, twelve pounds ten shillings, .
Westfield, twenty-one pounds five shillings
Enfield, five pounds, ....

Deerfield, five pounds, ....

205 0 0

228 15 0

152 10 0

40 0 0

15 0 0

40 0 0

50 0 0

20 0 0

43 15 0

77 10 0

85 0 0

35 0 0

62 10 0

42 10 0

12 10 0

60 0 0

30 0 0

145 0 0

102 10 0

125 0 0

50 0 0

65 0 0

41 5 0

20 0 0

45 0 0

75 0 0

55 0 0

25 0 0

35 0 0

72 0 0

5 0 0

20 0 0

10 0 0

32 10 0

10 0 0

60 0 0

55 0 0

40 0 0

32 10 0

12 10 0

21 5 0

5 0 0

[2d Sess.]

Province Laws. — 1698.

361

IN THE COUNTY OF YORKE.

York, five pounds,

Wells, five pounds, .......

Kitteiy, twenty-two pounds ten shillings,

IN THE COUNTY OF PLIMOUTH.

Pliiuouth, sixty-five pounds, .....
Situate, ninety-five pounds, .....
Marshfield, sixty-two pounds ten shillings,
Duxbovough, thirty-seven pounds ten shillings,
Bridg[e] water, fi)rty-five pounds, ....
Middlebor6[i<^/i], fifteene pounds, ....

IN THE COUNTY OF BARNSTABLE.

Barnstable, eighty pounds, . . .
Yarmouth, fifty-two pounds ten shillings,

Easthara, fifty-five pounds,

Sandwich, sixty pounds,

Falmouth, seventeene pounds ten shillings,
Manamoy, seventeene pounds ten shillings,
Rochester, fifteene pounds, .....
Harwich, twenty-two pounds ten shillings,

IN THE COUNTY OF BRISTOL.

Bristol, forty-two pounds ten shillings, .
Taunton, seventy-five pounds,
Dartmouth, sixty-five jiounds,
Freetown, eleven pounds five shillings, .

Rehoboth, sixty pounds,

Swansey, fifty-one pounds five shillings, .
Little Compton, forty-seven pounds ten shilUngs,
Tiverton, twenty pounds, ....
Attleborough, tenn pounds, . . ' .

IN DUKES COUNTY.

Edgar-town, twenty-five pounds,
Tisbury, twelve pounds ten shillings,
Chihnark, fifteene pounds,

Nantuckett, fifty pounds, ....

£5 05. Od.

5 0 0
22 10 0

65 0 0

95 0 0

62 10 0

37 10 0

45 0 0

15 0 0

80 0 0

52 10 0

55 0 0

60 0 0

17 10 0

15 0 0

22 10 0

42 10 0

75 0 0

65 0 0

11 5 0

60 0 0

51 5 0

47 10 0

20 0 0

10 0 0

25 0 0

12 10 0

15 0 0

50 0 0

And be it further enacted hy the authority aforesaid,
[Sect. 5.] That the selectmen or trustees in each and every of the
several towns and precincts before mentioned shall be the assessors
of such towns or precincts' proportion hereinbefore set unto this present
tax, (where any others specially chosen or to be chosen for that piirpose
refuse to accept thereof) ; and all assessors before they enter upon the
said worke 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- discbarge of said trust you will deale impartially and equally in
proportioning tlie sum to be assessed upon the inhabitants of said town, after the
best of your discretion and judgement, 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 toAvn clerk respectively of
each town where no justice does reside is hereby impowred to administer.

[Sect. 6.] 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 imj^loyed thereabout.

362 Province Laws.— 1698. [Chap. 24.]

A7id be it further enacted hy the authority aforesaid^
[Sect. 7.] That if the selectmen or trustees of any town or i^recinct
(or other assessors acceptmg that trust) shall neglect or refuse to j^erform
the service required of them by this act, or to take the oath appointed
as aforesaid for the due performeance thereof, they shall forfeit and pay
the sum hereinbefore set and proportioned upon such town or precinct,
to be levied by distress and sale of the estates real or personal of such
defective selectmen, 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 bodys to be taken and im-
prisoned until they pay the same. And all sheriffs, constables or collec-
tors failing of performing the duty and service of them respectively
required by virtiie of this act, shall be liable and subject unto the pains,
l^enaltys 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.

[Sect. 8.] And the treasurer and the selectmen or assessors shall be
and are hereby also respectively imj^owred to take, use and exercise all
such rules, directions, powers and authoritys for enforceing 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, iDOwers and authoritys had herein been again par-
ticularly 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.

A7id he it further enacted by the authority {(foresaid,
[Sect. 9.] That if any person be agrieved at the sum set upon him
as his proportion towards this tax, such j^erson making ajiplication to
the selectmen or assessors, and demonstrating that he is rated more
than his proportion to the sum set upon their town, said selectmen 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 bis 2:)ro-
portion 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.

[Sect. 10.] And the fermer or occupier of any houses or lands shall
be reimburst and allowed by the owner or landlord thereof one moiety
or halfe 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 con-
trary between landlord and tenant), upon producing a certificate from
the assessors or town clerk of the simi or sums such houses or lands are
set at and assessed unto the said tax, any law or usage to the contrary
notwithstanding. \_Passed December 9 ; published December 10.

Notes. — The original engrossments of all the acts of this year are preseiTcd, with the excep-
tion of the first chapter. Two private acts, onl}', were passed, under the following titles: —

" An Act To enable William Peabody, Jun'', of Little Compton, in the County of Bristol, to
have a new 'fxysS. of a Cause between him and Major Benjamin Church of Bristol, in the s*
Countj' of Bristol, at His Ma'''== Superiour Court of Judicature, to be holden at Bristol, on the
second Tuesday of September, 1G98.'' — {^PasscdJum 13.

" An Act To enable Ann Jones, 'Widow, Relict, and Administratrix of the Estate of David
Jones late of Dorchester, within the County of Suffolk, Cordwainer, deceased, to make Sale of a
House and Land belonging to the said Estate, for the benefit of herselfe and Son." — {Passed,
December 2.

The public acts of the first session were sent to the Attorney- and Solicitor-General Sept. 22,
1698 ; and the public acts of the second session were sent to the Solicitor-General July 26, 1699.
With the last-named acts four private acts Avere also submitted to the Solicitor; viz., the private
acts passed in 1096 and 1697, the titles of which are given in the notes to the acts of those years,
respectively, and the two abovementioncd acts of this year.

[Notes.] Province Laws.— 1698. 363

These private acts were, for a long time, under discussion by the Lords of Trade and the law
officers of the Crown, for reasons, which, with an account of the action of the Council thereupon,
will be given in the Appendix to this edition of tlie Province Laws.

The Solicitor-General made two reports to the Lords of Trade, Aug. 9, 1700, covering, respec-
tively, the two sessions of this 3'car. In these, he reports that chapters 2, 3, 4, G, 7, 8, !>, 10, 11,
12, 13, 15, 16, 18, 19, 20, 21, 23 and 24, are, as he conceives, " agreable to Law, and contain noth-
ing prejudicial to his Maj'J" Koyall Prerogative." Of chapter 1. he sa3's : " — in case the severall
Acts thereby intended to be continued; viz'," * * * " have been already confirmed by his
Majesty I conceive, in such case, that the Act now proposed is reasonable, and fit (if liis Majesty
shall soe please) to be confirmed by his Majesty." His objections to chapters 5 and 14, and
also to chapters 17 and 22, are hereafter given in the notes to those chapters respectively.

The Lords of Trade made their " representation " to the Lords Justices, Oct. 9, 1700, wherein
they state their objections to chapters 5, 14 and 13 in the words quoted at the end of those chap-
ters, respectively. Chapters 1, IG, 17 and 24, being temporary, required, in their opinion, " noth-
ing further to be done upon them." To all the remaining acts they represent that tliey " see no
objection;" and, accordingly, recommend their approval. These suggestions of the Board
were adopted by the Privy Council on the twenty-second of the same month; and, eight days
later, the Board communicated to Bellomont the fact of their having laid these acts before the
Privy Council, and inclosed with their letter copies of the reasons given by them for the repeal
of the three chapters above named, and, also, the " remarks," hereafter quoted, upon two expired
acts, chapters 16 and 17.

Chap. 2. — " Nov O"" 1702. The motion presented in writing by Nath' Byfield and Ebenezer
Brenton Esq" for a resolution of this question ; viz', whither the setting up a court house or
school house, in the street of any town within this Province, where the street is so wide as to
leave not less than twenty-five foot clear for passage on each side of s* edifice, be not allowable
within the true meaning and intent of the act intituled " An Act to prevent incroachments upon
highways streets, &c.," and of the proviso in the said Act? was returned from the Representa-
tives, with the coucurrance of that House to the Resolve past thereon by the Board on the 4"'
curr'; to wit, —

Resolved, that the above building, being of public use, and within the reason of the proviso
in the said act, and that the erecting of the same shall be accounted by this Court no breach of
the said Act.

Which resolve is consented to. J. Dudley.

— Records of ike Governor and Council, vol. VJT.,p. 291.

Chap. 4. — It will be obsen-ed that in this chapter the provisions of the act of 1G97, chap. 7,
sect. 1, are incorporated, so that, in the form of the precept to the selectmen for the choice of
representatives to the general assembly, electors are required to possess property to the value of
fifty pounds sterling.

The form of this precept, as prescribed by the act of 1692-3, chap. 36, required the possession
of property valued at forty pounds only; and for this reason the act was disallowed by the
Pri\'y Council, as shown in the note to that chapter. The same amount was also fi.xed in the
act of 1693-4, chap. 14, sect. 8. The act of 1G94-5, chap. 28, altering the form of this precept
so as to adapt it to the provisions of the act of 1693-4, chap. 14, sect. 5, which required repre-
sentatives to be freeholders and residents in the towns represented by them, respectively, instead
of freeholders anywhere within the province, as formerly, made no change in respect to the
qualification of electors.

After their reasons for disallowing the act of 1692-3, chap. 36, had been received from
the Privy Council, the form of the precept, still retaining the changes made necessary by
the act of 1693-4, chap. 14, sect. 5, was altered by the act of 1696, chap. 5, to conform to the
charter, as suggested by the Privy Council, and, thus amended, was continued, bj' the act ot
1G97, chap. 7, to the tenth of December following ; and, by chap. 15 of the acts of the same j'ear,
it was again continued until the end of the next May session, during which this present act was
passed.

It, therefore, appears that the general assembly passed three acts; viz., 1692-3, chap. 36,
1G93-4, chap. 14, (sect. 8), and 1694-5, chap. 28, in which the value of the property of which
electors were required to be possessed was set at forty pounds, and that, afterwards, in four
acts; viz., 1G9G, chap. 5, 1697, chaps. 7 and 15, and 1698, chap. 4, this sum was altered to ffty
pounds. The Privy Council, also, while disallowing the act of 1692-3, chap. 36, for the reason
that the fixing a property qualification therein at forty pounds was in conflict with the terms ot
the charter, appear not to have objected to the acts of 1693-4, chap. 14, and 1694-5, chap. 28,
which contain the same provision. This last act, however, does not appear to have been sub-
mitted to them or to have been published in any manner.

The cause of these discrepancies was, undoubtedly, an error in the copy of the province char-
ter which is still preserved in the archives of the Commonwealth ; for, although the records of
the Committee (of the Privy Council) for Plantations show that in the minutes of the charter
reported by the Attornev-General and accepted by the Colonial Agents, as well as in the orig-
inal entrj' of the charter" itself, the sum fixed for the qualification of electors was, claarW , ffty
pounds, and the records of the " privy-seals," or warrants, also show that the word ",/or/!/"
had been changed to '\/ifty" in the warrant, dated Sept. 26, 1G91, and countersigned by Sir
George Treby, Attorney-General, which received the Royal signature and was under the privy
seal, — yet the word ■'■forty''' is as clearly written in the exemplification or duplicate of the char-
ter sent over to the province, under the great seal of England, and subscribed by the Lords
Commissioners of the Great Seal.

In the charter as published here in 1692, and as printed with the several editions of the laws,
of 1699, 1714 and 1726, the property qualification is given us ffty pounds; but in all succeeding
reprints and editions it is changed to forty pounds, — following, it seems, the copy of the charter
in the custody of the secretary of the province.

In 1721, 1728 and 1770, the Representatives resolved that sessions of the General Assembly in
any place but Boston were illegal ; and in 1721, their resolve was concurred in by the Council and
consented to by the Governor. — Council Hecorck, vols. XI., pp. 243-4, XI V.,2}. 204, and XXVI I L,
p. 243. See, also, Hutchinson's Hist. Mass., vol. 2, pp. 317-18, cd. 1795.

364 Province Laws. — 1698. [Notes.]

Chajy 5. " — And 1 think there can be noe objections made to the said Act save that the forme
of an attachment for reviewing &" sett down in the said Act seems to me to be very extravagant ;
as where A. had recovered judgment against B., and B. prays a review, the Sherrif is thereby
commanded to arrest A., who hath recovered, and to have him forth comeing before the Judges,
even before the Judgment given for him is reversed, which I think is very incongruous."'^
Opinion of Solicitor- General Hawles, Aug. 9, 1700.

Chap- 11. — "Decem' 1, 1720 Question : Whether by the Law of this Province for the Kelief of
Poor Prisoners for Debt, a Prisoner that liath received a Warrant from the Court of General
Sessions of the Peace for his Relief may be continued in Prison for any other Debt, contracted
before the Time of Taking the Oath appointed by the said Law before a Justice of the Peace;
The Poor Prisoner for Debt, giving in to the General Sessions of the Peace a List of his Debts,
in which the Name of such Creditor is express'd? In Council, — Resolved that such Prisoner
for Debt ought not to be Continued in Prison, And that the Law ought so to be Understood.
In the House of Represent"' Read & Concur'd. Consented to: Sam'll Siiute."

— Council Records., vol. XL, p. 87.

dition :

the

fallen down or otherwisedefective, othe'r than about Common & General Fields? Resolved in

the AiHrniative. In the House of Represent'", Read & Concur'd.

— Council Records, vol. XIL, p. 283. Consented to: Wsi. Dujimek."

Chap. 14. — " Against the confirming of M'hich Act, M' Brenton hath appeared before me on
behalf of the Commissioners of the Customes, who affirmes that severall of the ports thereby
established have not one vessell belonging to them nor have for severall years jjast had any ves-
sells unladen there, except such as. came privately and imported prohibited goods; And that two
or three ports are sufficient for that Province ; And I conceive that what is meant by the enu-
merated coiuodities mentioned in the first enacting clause, for shipping or unladeing of which
some of tlie places therein mentioned were not to be Ports, ought to be more particularly
express'd." — Opinion of the Solicitor-General, nt supra.

" S'. — Yours of the 27"" of August I received the S"" Inst., wherein you acquaint me with
their Lordships' pleasure to hear my objections to the Act of the Province of the Massachusetts
Bay establishing Ports &".

The objections I have against that Act are that there are too many ports thereby appointed,
and most of them useless, for there is not one Vessell belonging to severall of them, nor has
there been in all my time one Vessell that has laded or unladed in some of them, except it has
been clandestinely, and with such goods as are prohibited by Law. * * * *

I am, S', Your most humble Serv', Jahleel Brenton.

Bath, September the 7th. 1700.

—Letter to W. Popple, Public Record Office, Netv Enrfd, B. T., vol. 32, p. 200.

'• Whitehall, September 9"", 1700. A letter from M' Brenton of the 7"' inst., containing some
objections against the Act of the General Assembly of the Massachusetts Bay relating to the
eslablishinr/ (f Sea Ports, was now received and read. And thereupon ordered that the Secretar}'
write to ^l' Sansom to desire to know the opinion of the Commissioners of the Customes
whether it be for his Majestie's service that the said Act be confirmed or not." — Trade Papers
in P.P. Office (Journals) vol. VJL, p. 175.

Sept. lOJ 1700, iNIr. Popple wrote to Mr. Sansom: "Their Lordships desire the Comiss" of
the Customes would please to give them their opinion whether it be for his Majesty's service that
the said Act [Chap. 14] be confirmed or no," and on the 5th of October following, Mr. Sansom
replied from the Custom-house. London, reciting Mr. Brenton's objections and concluding his
letter thus: —

'• — and as, on the other side, he [Mr. Brenton] hath omitted to say which and how many of
the Ports may be necessary for the trade of the Province, the Commissioners are of opinion that
the thing in its own nature is not of such haste but that there may be opportunity to deliberate
thereupon before the Act passes. I am, Sir, Your most humble ser\'ant

John Sansom."

This last letter and IMr. Brenton's memorial against the act were read, at a meeting of the
Board, Oct. 8tli, and their "representation" to the Lords Justices was at the same time
agreed to, and signed the next daj'.

Chap. 16. — " The exemption of ships belonging to the Province from payment of the powder
duty is too partial, And that together with the e.xcmption of sloops or other vessels under twelve
tons, makes that duty lye in a manner singly upon ships belonging to England, which ought
not to be allowed." — " Remarks,'^ cfc, by Lords of Trade, sent to Btllomonl Oct. 30, 1700.

Chap. 17. " — And having not .seen the Act for grantirtg," &c., " intended to be repealed by
the said Act now proposed, I am not able to give any opinion how far it is fit to confirme the
said Act." — Opinion of the Solicitor- General, ut supra.

" In this Act there wants a Clause for the powder duty, which is fit to be continued ; But not
so partially as in the former Acts." — ^^ Remarks,'' ut supira.

Chap. 22. — " And I see nothing in the said Act but what is agreeable to law and equity, But
am doubtfull how farr the matter of this Act was contained in former Acts made in the year
1G93 and 1G94, which have been repealed by his Majesty {viz.) An Act for establishing of Judi-
catorj's and Courts of Justice within this Province, [1693-4, chap. 11] and another Act in fur-
ther addition to the said Act, [1694-5, chap. 18] and a third Act, cntituled an Act for a new
establishment and regulation of the chancery, [1693-4, chap. 12] For, if the matters of this Act
were contained in anv of the said Acts soc repealed. Then, perhaps, it is not proper that the Act
now proposed should" be confirmed; But, otherwise, the one part of the said Act now proposed
being but what is practized by the Courts of Law here, and the rest of it practized bythe
Courts of Equity here, I can see noe objection against the said Act." — Opinion of the Solicitoi'-
General, ut supra.

ACTS,
Pass E D 1699— i 700

[305]

ACTS

Passed at the Session begun and held at Boston,
ON THE Thirty-First day of May, A.D. 1699.

CHAPTER 1.

AN ACT FOR HOLDING OF COURTS OF GENERAL SESSIONS OF THE PEACE,
AND ASCERTAINING THE TIMES AND PLACES FOR THE SAME.

JBe it enacted and ordained by His Excellency the Governour, Coun-
cil and Itepresentatives in General Court assembled^ and by the author-
ity of the same, ^^223 ^^^^^ 33

[Sect. 1.] That there shall be held and kept in each respective Their power,
county within this province, yearly and in every year, at the times and 46^^.'^^^"*®'''
places in this act hereafter mentioned and expressed, a coui't of general ij Mass. 3:59,
sessions of the peace, by the justices of the peace of the same county, 37 Maine, 38.
or so many of them as are or shall be limited in the commission of the
peace, who are hereby impowred to hear and determin all matters
relating to the conservation of the peace, and punishment of offenders,
and whatsoever is by them cognizeable according to law, and to give
judgment and awaixl execution therein.

And be it further enacted by the authority aforesaid,

[Sect. 2.] That the times and places for the holding and keeping The times and
the said courts of general sessions of the peace within the respective fng^'acourt'of^'
counties shall be as followeth ; that is to say, for the county of Suffolk, general scs-
at Boston, on the first Tuesdays in July, October, January and April ; peTce'in the
for the county of Essex, at Salem, on the last Tuesdays in June and ^^^^^'^^^ <^°"'^"
December; at Newbury, on the last Tuesday in September; and at
Ipswich, on the last Tuesday in March ; for the county of Middlesex, at
Cambridge, on the second Tuesday in September ; at Charlestown, on
the second Tuesdays in December and March ; and at Concord, on the
second Tuesday in June ; for the county of Plymouth, at Plymouth, on
the third Tuesdays in September, December and June, and on the first
Tvtesday in March ; for the county of Barnstable, at Barnstable, on the
first Tuesdays in July, October, January and Api'il ; for the county of
Bristol, at Bristol, on the second Tuesdays in July, October, January
and April ; for the county of York, at Wells, on the first Tuesdays in
July and October ; and at York, on the first Tuesdays in January and
April ; for the county of Hampshire, at Springfield, on the first Tuesday
in September, and third Tuesday in May ; and at Northampton, on the
first Tuesdays in December and March ; for Dukes County, at Edgar-
town, on the first Tuesday in October, and on the first Tuesday in
March ; and for the Island of Nantucket, at said Island, on the first
Tuesday in October, and on the last Tuesday in March yearly, and in
every year from time to time.

368

Province Laws.— 1699-1700.

[Chap. 1.]

Appeal to the
court of assize.

Appellant to
give security
for prosecution,
&c.

Reasons of ap-
peal to be filed
seven days be-
fore the sitting
of the court
appealed to.

Jurors, how to
be chosen and
summoned.
17 Mass. 339.

Penalty on con-
stables neglect-
ing to make
their return.

Sheriff to re-
turn jurors in
case there fail
of a sufficient
number.

Appeal from
the sentence of
one or more
justices of the
peace.

And be it further enacted hy the authority aforesaid,
[Sect. 3.] That it shall and may be lawful for any person agrievecl
at the sentence of the justices in any court of general sessions of the
peace, to make his appeal from such sentence (the matter being origi-
nally heard and tryed in said court) unto the next court of assize and
general goal delivery to be held within or for the same county, there to
be finally issued : provided that no appeal shall be granted unless it be
claimed at the time of declaring the sentence, and the appellant enter
into recognizance, Avitli two sufficient sureties, within the space of two
hours next after, in a reasonable sum, for his jiersonal appearance at the
court appealed to, and prosecution of his appeal there with effect, and
to abide and perform the order or sentence of said court thereon, and
to be of the good behaviour in the mean time ; and the party appealing
is to remain in custody of an officer until he shall have given such
security ; and the officer not to be allowed above twelvejience an hour
for his time and attendance.

Provided, also, that every such appellant do file the reasons of his
appeal in the clerk's office of the court appealed unto, seven days before
the day of the sitting of said court, and also at his own cost do take
out and i^i'esent unto the court an attested copy of the sentence, and
likewise attested copies of all the evidences upon which the same was
grounded ; and the appellant shall pay the like fee for the entring of
his appeal in the court appealed to, as is by law required for entry of
an action in a civil cause, and the like fee to the jurors that shall try
the same.

And be it further enacted by the authority aforesaid,
[Sect. 4.] That, in convenient time before the sitting of the said
court of general sessions of the peace in each respective county, the
clerk of the peace in such county shall issue out warrants, directed to
the constables of the several towns within the same county, or the
most principal of them, requiring them to assemble the freeholders and
other inhabitants of their town, qualified as in and by his majesty's
royal charter is directed, to elect and choose so many good and lawful
men of said town or districts thereof, alike qualified as aforesaid, as the
warrant shall direct, to serve as jurors at such court; and the constable
shall summon the persons so chosen to attend accordingly at the time
and place appointed, and make timely return of his warrant unto the
clerk that granted the same, on pain that every constable failing of his
duty therein shall forfeit and pay unto the county treasurer for the use
of the county, a fine not exceeding five jjounds nor less than forty shil-
lings, at the discretion of the justices of such court, unless such con-
stable, so failing of his duty as aforesaid, shall seasonably make a rea-
sonable excuse unto the justices of said court for his default, and the
same be allowed of by them. And if, by reason of challenge or other-
wise, there do not appear a sufficient number of good and lawful men
to make up the petty jury or juries to serve at the said court, then and
in such case the said jury or juries shall be filled wp de talibus circuni-
stantibus, to be returned by the sheriif ; and where the sheriff is con-
cerned, or related to either of the parties in any case, to be returned by
the coroner.

And be it further enacted by the authority aforesaid,
[Sect. 5.] That it shall and may be lawful for any person sentenced
for any criminal ofience by one or more justices of the peace out of
sessions, to appeal from such sentence unto the next court of general ses-
sions of the peace to be held within the same county; every such appellant
recognizing with sureties in a reasonable sum not exceeding five pounds
for his appearance at the court appealed to, and to prosecute his appeal
there with effect, and to abide and perform the order or sentence of
said court thereon (which is to be final), and in the mean time to be of

[1st Sess.] Province Laws.— 1699-1700. 369

the good behaviour. And every such appellant shall attend the same
rules and method for bringing forward his appeal at the said court of
general sessions of the peace as before in this act is provided in case of
appeal from said court to the court of assize and general goal delivery ;
and shall pay the like fee for entring of his appeal as for the entring of
a civil action in the inferiour court of common pleas ; and the like fee
to the jm-ors as is paid them in the said inferiour court. [^Passed
Jicne 16 ; signed hy the Governor^ June 26 ; published June 27.

CHAPTER 2.

AN ACT FOR THE ESTABLISHING OF INFERIOUR COURTS OF COMMON
PLEAS IN THE SEVERAL COUNTIES OF THIS PROVINCE.

Be it enacted and ordained hy His Excellency the Governour^ Coun-
cil and Representatives in General Court assembled, and hy the author-
ity of the same^ ^ 1692-3, chap. 33.

[Sect. 1.] That there shall be held and kept in each respective Constitution
county within this province, and at the Island of Nantuckett, within the 5 Ma^sl^os^,'
same, yearly and every year, at the times and places in this act here- i'' M*^*- ^w.
after mentioned and expressed, an inferiour court of common pleas, by
four substantial persons to be appointed and commissionated as justices
of the same court in each county, any three of whom to be a quorum
for the holding of said court, who shall have cognizance of all civil
actions arising or hapning within such county, tiyable at the common
law, of what nature, kind or quality soever, and are hereby impowred
to give judgment therein, and award execittion thereupon.

And he it further enacted hy the authority aforesaid,

[Sect. 2.] That the times and places for the holding and keeping Times and pia-
the said inferiour court of common pleas within the several and respec- inferior courte.
tive counties shall be as followeth ; that is to say, for the county of
Suffolk, at Boston, on the first Tuesdays in July, October, January and
April ; for the county of Essex, at Salem, on the last Tuesdays in June
and December ; at Newbury, on the last Tuesday in September ; and
at Ipswich, on the last Tuesday in March ; for the county of Middlesex,
at Cambridge, on the second Tuesday in September ; at Charlestown,
on the second Tuesdays in December and March ; and at Concord, on
the second Tuesday in June ; for the county of Plymouth, at Plymouth,
on the third Tuesdays in September, December and June, and on the
first Tuesday in March ; for the county of Barnstable, at Barnstable, on
the first Tuesdays in July, October, January and April ; for the county
of Bristol, at Bristol, on the second Tuesdays in July, October, January
and April ; for the county of York, at Wells, on the first Tuesdays in
July and October ; and at York, on the first Tuesdays in January and
April ; for the county of Hampshire, at Springfield, on the first Tues-
day in September and third Tuesday in May ; and at Noi-thampton, on
the first Tuesdays in December and March ; for Dukes County, at
Edgartown, on the first Tuesday in October and on the first Tuesday
in March ; and for the Island of Nantucket, at said island, on the first
Tuesday in October and on the last Tuesday in March, yearly, and in
every year from time to time.

And he it further enacted hy the authority aforesaid,

[Sect. 3.] That all processes and writs for the bringing any cause Writs to iasna
or suit to tryal in any of the said inferiour courts shall issue out of the ckrkl office-
clerk's office of such court in his majestie's name, under the seal of the
said court, to be signed by the clerk, and directed to the sheriff or r*l'''^-l'''o '''***
marshal of the county, his undersheriff or deputy; and if such process or coroner; '

370

Province Laws.— 1699-1700

[Chap. 3.]

— to run
through the
province ;

—and to be
summons, ca-
pias or attach-
ment.
4 Mass. 470.

Clerks to Issue
out warrants.

or writ be against the slieriif or marshal, to be directed to the coroiaer
of such county, who is hereby impowred to execute the same ; and
where the sum sued for is under ten pounds, may be also directed to
the constables of the town; and writs as well original as judicial issuing
out of the clerk's office of the said court shall run into any county and
place within this province, and be there executed by the officer or offi-
cers of such county to whom they are directed ; and all proper original
processes in the said court shall be summons, ccqyias, or attachment,
which shall be served and executed fourteen days before the day of the
sitting of the court where such writ or process is returnable : j^^'ovided,
that no action under the value of forty shillings shall be brought into
any of the said inferiour courts, unless where freehold is concerned, or
uj^on appeal from a justice of peace.

And be it further enacted by the authority aforesaid,
[Sect. 4.] That in convenient time before the sitting of the said
inferiour court in each respective county, the clerk of such court shall
issue out warrants, directed to the constables of the several towns within
the same county, or the most jDrincipal of them, requiring them to
assemble the freeholders and other inhabitants of their town, qualified
as in and by his majestie's royal charter is directed, to elect and choose
so many good and lawful men of said town or districts thereof, alike
qualified as aforesaid, as the warrant shall direct, to serve as jurors at
such court ; and the constable shall summon the persons so chosen to
attend accordingly at the time and place appointed, and make timely
return of his warrant unto the clerk that granted the same, on pain
that every constable foiling of his duty therein shall forfeit and pay unto
the county treasurer for the use of the county a fine not exceeding five
pounds nor less than forty shillings, at the discretion of the justices of
such court, unless such constable so fixiling of his duty as aforesaid shall
seasonably make a reasonable excuse iiuto the justices of said court for
his default, and the same be allowed of by them. And if by reason of
challenge or otherwise there do not appear a sufficient number of good
and lawful men to make up the jietty jury or juries to serve at the said
court, then and in such case the said jury or juries shall be filled up de
talibus circitmstantibus, to be returned by the sheriff", and where the
sheriff" is concerned or related to either of the parties in any case, to be
returned by the coroner. {Passed June 15 ; signed by the Governor,
June 26 ; published June 27.

CHAPTER 3.

AN ACT FOE THE ESTABLISHING A SUPEEIOUR COURT OF JUDICATURE,
COURT OF ASSIZE AND GENERAL GOAL DELIVERY WITHIN THIS PROV-
INCE.

Be it enacted and ordained by His Excellency the Governour, Council
and Representatives in General Court assembled, and by the authority

l(J<)-'-3 chap. 33 ^f ^^^^ samC,

" - ' ' [Sect. 1.] That there shall be a superiour court of judicature, court
of assize and general goal delivery, over this whole province, to be held
and kept annually at the respective times and places in this act here-
after mentioned and expressed, by one chief justice and four other jus-
tices, to be appointed and commissionated for the same, any three of
whom to be a quorum, who shall have cognizance of all pleas, real, per-
sonal or mixt, as well all pleas of the crown and all matters relating to
the conservation of the peace and pimishment of offenders as civil
causes or actions between party and party, and between his majesty
and any of his subjects, whether the same do concern the realty and

Superior court
of judicature
and court of
assize.
8 Mass. 89.

Constitution.

[1st Sess.] Province Laws.— 1699-1700. 371

relate to any right of freeliokl and inheritance, or whether the same do
concern the j^ersonalty and relate to matter of debt, contract, damage
or personal injury, and also all mixt actions which concern both realty
and personalty, brought before them by appeal, review, writ of error, or
otherwise as the law'directs ; and generally of all other matters, as fully I'^we^. ^^^
and amply to all intents and purposes whatsoever as the courts of king's
bench, common pleas and exchequer within his majesty's kingdom of
England have or ought to have; and are hereby impowred to give
judgment therein and award execution thereupon.

A}icl be it further enacted hy the authority aforesaid,

[Sect. 2.] That the times and places for the holding and keeping J^^^^'r Ifolding
of the said superiour court of judicature, court of assize and general superior courts,
goal delivery sliall be as followeth ; that is to say, within and for the ^ I'ick. 555.
county of Suffolk, at Boston, upon the first Tuesdays in November and
May ; within and for the county of Essex, at Salem, on the second Tues-
day in November, and at Ipswich, on the third Tuesday in May ; within
and for the county of Middlesex, at Cambridge, on the last Tuesday in
July, and at Charlestown, on the last Tuesday in January ; within and
for the county of Hampshire, at Springfield, on the second Thursday in
August ; within and for the county of York, at Kittery, on the Thurs-
day in the week next before the time herein set and appointed for the
sitting of the said superiour court at Ipswich ; for the countys of
Plymouth, Barnstable and Dukes County, at Plymouth, on the last Tues-
day in March ; and within and for the county of Bristol, at Bristol, on
the second Tuesday in September yearly, and in every year from time
to time.

And he it further enacted hy the authority aforesaid,

[Sect. 3.] That there shall be held and kept a superiovir court of Nantucket,
judicature, court of assize and general goal delivery, for the hearing and
determining of any capital offence or offences that shall arise or happen
within the Island of Nantuckett, at such place within the same, and at
such time, as the governour and council, advising with the justices of
said court, shall from time to time direct and appoint, according as occa-
sion may ibe : provided, nevertheless, that the tryal of all matters and
causes by appeal from the court of general sessions of the peace or infe-
riour court of common pleas respectively, within the said Island of Nan-
tuckett, or by writ of error relating to any judgment given in the said
inferiour court, shall be in the superiour court of judicature, court of
assize and general goal delivery to be held within the counties of
Suffolk or Middlesex.

And he it further enacted hy the authority aforesaid,

[Sect. 4.] That all processes and writs issuing out of the said supe- Process to be
riour court of judicature to be held within or for any county within this days'^be^fo"e*the
province shall be in his majestie's name, under the seal of the said court court's sitting,
and signed by the clerk thereof, and shall be directed to the sheriff, his
undcrsheriff or deputy, or other proper officers, who are hereby im-
powred and required to observe and execute the same ; and shall run
into any county or place within this province, and be there executed by
the officer or officers of such county or place to whom they are directed.
And all processes for the tryal of civil causes in the said court, upon
review, or in other cases which by law may be originally there brought,
shall be served and executed fourteen days before the day of the sitting
of the court where such writ or process is returnable.

And he it further enacted hy the authority aforesaid,

[Sect. 5.] That in convenient time before the sitting of the said Jurors, how to
superiour court of judicature, court of assize and general goal deliveiy '^'^ •^'^°^^°-
in each respective county, the clerk of said court shall issue out wai*-
rants, directed to the constables of the several towns within the county
or jurisdiction of said court, or the most principal of them, requiring

372

Province Laws.— 1699-1700.

[Chap. 4.]

Penalty on con^
stables not re-
turning their
warrants for
choice of jurors,

Sheriff to re-
turn jurors in
case there do
not appear a
sufficient num-
ber.

such constables to assemble the freeholders and other inhabitants of
their town, qualified as in and by his majestie's royal charter is directed,
to elect and choose so many good and lawful men of said town or dis-
tricts thereof, alike quahfied as aforesaid, as the warrant shall direct, to
serve as jurors at said court ; and the constable shall summon the per-
sons so chosen, to attend accordingly at the time and place appointed,
and make timely return of his warrant unto the clerk that granted the
same, on pain that every constable failing of his duty therein shall for-
feit and jDay unto the county treasurer, for the use of the county, a fine
not exceeding five pounds nor less than forty shillings, at the discretion
of the justices of said court; unless such constable so faihng of his duty
as aforesaid shall seasonably make a reasonable excuse unto the justices
of said court for his default, and the same be allowed of by them. And
if by reason of challenge or otherwise there do not appear a sufiicient
number of good and lawful men to make up the petty jury or juries to
serve at the said court, then and in such case the said jury or juries
shall be filled up de talihi(s circumstantihus, to be returned by the
sheriif, and where the sheriiF is concerned or related to either of the
parties in any case, to be returned by the coroner. \_Passed June 26 ;
published June 27.

CHAPTER 4.

AN ACT FOR THE REGULATING AND DIRECTING THE PROCEEDINGS IN
THE COURTS OF JUSTICE ESTABLISHED WITHIN THIS PROVINCE.

Disallowed by
the privy coun-
cil, October 22,
1700.

1699-1700, ch. 3.
1699-1700, ch. 2.

Appeal from
the inferior
court.

Review in the
superior court.

Review in the
inferior court,
and appeal
thereupon or
writ of error.

Three judg-
ments given
for one party to
be a final issue.

Whereas, by two several acts made and passed at this present ses-
sion of the general assembly, one entituled " An Act for the establishing
a superiour court of judicature, court of assize, and general goal deUvery
within this province," and the other entituled " An Act for the estab-
lishing of inferiour courts of common pleas in the several counties of
this province," power is given to the justices to be appointed and com-
missionated for the said respective courts, to hear and determine such
matters and causes as by the said acts arc made cognizable in the same,
and to give judgment therein and award execution thereupon ; there-
fore, for the better regulating and directing the i^roceedings in the said
respective courts, —

Be it enacted by His Excellency the Governour, Council and Reivre-
sentatives convened in General Assembly, and by the authority of the
same^

[Sect. 1.] That it shall be in the liberty of the party agrieved at
any judgment given in any inferiour court of common pleas within this
province, to appeal therefrom unto the next superiour court of judica-
ture, court of assize and general goal delivery, to be held within or for
the same county; and upon judgment given at the said superiour court
of judicature upon such action of appeal, it shall be lawful for either
party, appellant or defendant, to review such action by process out of
the said superiour court, or otherwise the party agrieved at any judg-
ment given in any inferiour court of common pleas may, by a new
process, review the said case in the same court where it was first tryed ;
and after judgment given upon such tryal by review, the party agrieved
at the same judgment may appeal therefrom unto the next superiour
court of judicature, to be holden for or within the same county, or may
bring his' writ of error for a new tryal of the said case in the said supe-
riour court of judicature ; and in all cases wherein the plaintifi'or defend-
ant shall have obtained the number of three judgments, it shall be a
final issue and detemiination of such case ; and every action of review

[1st Sess.] Peovince Laws.— 1699-1700. 373

shall be brouf^ht within the space of three years ; and no civil action Review to be
shall be originally brought into the superiour court of judicature unless three years.
in cases where the king is concerned.

A?id be it further enacted and provided by the authority aforesaid^

[Sect. 2.] That the party aiDpealing or bringing any writ of error as Appellant, &c.,
aforesaid, shall first enter into recognizance with sufficient sureties (if " s^'^** ^^^'^^ y
upon appeal, before one or more of the justices of the court appealed
from), in a reasonable sum, that he will pi'osecute such appeal with eifect,
(and if upon writ of error, before one or more of the justices of the
suj^eviour court of judicature), in the value of the debt or damage recov-
ered, that he will prosecute such writ of error with effect, and abide the
order of the court thereupon : provided, also, that no appeal shall be No appeal to be
admitted after the time of the court's sitting, nor after execution granted ; fh "court's M^
and that the party appealing or bringing any action of review as afore- tin^, nor exe-
said, shall bring attested copies of the whole case unto the court ^^^^°^ granted,
appealed to, or where such action of review is to be tryed, where each
party shall be allowed the benefit of any new and further plea and evi-
dence ; and that -every appellant as aforesaid shall also give in a declara- The appellant
tion, briefly setting forth the reasons of his appeal, unto the clerk of the ^ho"e ca*se!
court appealed from, fourteen days before the day of the sitting of the
court where such appeal is to be tryed ; which declaration or reasons of
appeal shall have a signification written thereupon and signed by such
clerk of the time of his receipt of the same, and a true copy thereof
shall be then taken by the said clerk to be filed in his office. And the Reasons of ap-
said clerk shall thereupon make up the original declaration or reasons Fourteen days^^
of appeal under the seal of the court, and deliver the same to the appel- before the
lant, by him to be transmitted unto the court where such appeal is to be
tryed ; and such appellant shall pay the clerk for copying the said reasons
of appeal, to be filed in his office as aforesaid.

And be it further enacted by the authority aforesaid,

[Sect. 3.] That execution in any case shall not be granted until the Execution not
expiration of twenty-four hours next after entring up of judgment; and within twenty-
that no person imprisoned upon mean process shall be held in prison Ju^emeur '^"'^'
upon such process above the space of thirty days next after the rising
of the court where the same shall be returned, notwithstanding judg-
ment thereupon recovered, unless such person be continued there by
having his body taken in execution ; nor shall the prison-keeper dis-
charge any such prisoner having judgment entred iip against him,
within the said space of thirty days after the court's rising, to the intent
his body may be taken in execution, but by special order of the party at
whose suit he stands committed, signified in writing under his hand.

And be it further enacted by the authority aforesaid,

[Sect. 4.] That the justices in any t3f the said iuferiour courts of courts^to^dian-
common j^leas or superiour court of judicature respectively, where the cer forfeitures
forfeiture of any penal bond shall be found, shall be and are hereby im- °^ bonds,
powred, in the entring up of judgment in such case, to chancer the same
unto the just debt and damao-cs : samna always the liberty of appeal ^ppeni to the

• «/•/ •/ ^ 1. 1. kinsT in council*

unto his majesty in council, as by his majesty's royal charter m that be-
half is provided.

And be it further enacted by the authority aforesaid,

[Sect. 5.] That, in case upon any process being duly seiwed, and Judgment by
return thereof made into the court where the same shall be returnable, *^ **"''■
the defendant do not appear by himself or his attorney, his default .shall
be recorded, and judgment entred up against him thereupon, unless be-
fore the jury be dismist he shall come into court and move to have a
tryal ; in which case he shall be admitted thereunto, first paying down
unto the adverse party double the costs he has been at so far, and the
plaintiff shall make a new entry.

374

Province Laws. — 1699-1700.

[Chap. 4.]

Justices of
courts to ap-
point their
clerks.

No process,
&c., to be
abated, &c., for
circumstantial
errors.

Writs, &c., to
be in the Eng-
lish tongue.

Attorneys' fee.

Town clerk to
grant summons
for witnesses.

Penalty for wit-
ness's non-ap-
pearance :

— their allow-
ance.

Ceremony in
swearing.

And be it further enacted by the authority aforesaid,
[Sect. 6.] That the justices of the said superiour court of judica-
ture, court of assize, and general goal delivery, the justices of the said
inferiour courts of common pleas, and also the justices of the court of
general sessions of the peace in each respective county within this prov-
ince, be and hereby are respectively impowred to aiDpoint and settle a
clerk to officiate in each of the said several courts for the granting of
all writs and processes issuing out of the same, entring and recording
all verdicts and judginents that shall be therein given, and other acts of
the court, and to do all things proper to the clerk's office, to all intents
and purposes ; and that the justices of the said .respective courts be and
are hereby likewise impowred to make necessary rules and orders for
the more orderly practising and proceeding therein, provided they be
not repugnant to the lav/s of this province. And no summons, process,
writ, judgment or other proceeding in courts or course of justice shall
be abated, arrested or reversed, upon any kind of circumstantial errors
or mistakes, where the person and case may be rightly understood and
intended by the court, nor through defect or want of form only ; and
all writs, processes, declarations, indictments, pleas, answers, replications
and entries in the several courts aforesaid shall be in the English tongue
and no other ; and it shall be in the liberty of the plaintiff or defendant
in any of the said courts to plead or defend his own cause in his own
proper person, or with the assistance of such other as he shall procure,
iDeing a person not scandalous or otherwise justly offensive to the court ;
and attorney's fees to be allowed at the superiour court of judicature
shall be twelve shillings, and at the inferiour court of common j^leas ten
shillings, and no more, and but one attorney to be paid for in any
case.

And be it further enacted by the authority aforesaid,
[Sect. 7.] That the clerk of each town respectively within this
province, as well as the clerks of the several courts aforesaid, may and
hereby is imjJOAVred to grant summons for Avitnesses in civil cases, di-
rected to the party to be summoned for witness, requiring him or them
to appear at the said sitperiour court of judicature or inferiour court of
common pleas, respectively. And if any person or persons, uj^on whom
any lawful jjrocess or summons shall be served to testify, dei^ose or give
evidence, concerning any cause or matter depending in any of the said
superiour or inferiour courts, and having tendred unto him or them such
reasonable sum or sums of money, for his or their costs and charges, as,
having regard to the distance of the places, is necessary to be allowed
in that behalf, do not appear according to the tenour of the process or
summons, having no lawful or reasonable let or impediment to the con-
trary, that then the party so making default shall, for every such offence,
lose and forfeit forty shillings, and shall yield such further recompence
to the party agrieved, according to the loss and hindrance that he shall
sustain by reason of the non-appearance of the said witness or wit-
nesses ; the said several sums to be recovered by the party so grieved,
against the offender or offenders, by action of debt, bill, plaint or infor-
mation, in any of his majestie's couits of record, wherein no essoign,
l^rotection or wager of law to be allowed. And two shillings per diem
shall be accounted due satisfaction to any witness for his travel and
expences, and no more to be allow^ed in civil causes ; and if such wit-
ness live within three miles of the j^lace of the court's sitting, whereto
he is summoned, and be not to pass any ferry, then one shilling and
sixpence per diem shall be accounted sufficient.
And be it further enacted,

[Sect. 8.] That no person serving as a justice, juror, witness or
otherwise, shall be obliged to use any other ceremony in taking of their
respective oaths, than lifting up the hand, as has been accustomed, any

[1st Sess.] Province Laws.— 1699-1700. 375

law, usage or custom to the contrary notwithstanding. [Passec? July
18 ; published July 19.

"This Act giving liberty for three tryals in the Courts of that Province, before sentence or
judgment in any case be liual or conclusive, And between each of those Tryals allowing a lib-
erty of three years suspense ; We are humbly of opinion that this so oft renewing of tryals there
in the same case, and the long suspence before any final issue and determinat" can be there had,
is delatory and vexatious." — Representation of the Lords of Trade to the Lords Justices, Oct. 9,
1700. i J J

CHAPTER 5.

AN ACT FOR REVIVING OF ACTIONS AND PROCESS[£'S], &c., DEPENDING IN
THE SEVERAL COURTS OF JUSTICE WITHIN THIS PROVINCE, AND DISCON-
TINUED BY THE DISALLOWANCE AND REPEAL OF THE ACT FOR ESTAB-
LISHMENT OF THE SAID COURTS.

J3e it enacted by His JExcellency the Gomrnour, Council and Mepre-
sentatives in General Court assembled, and by the authority of the same,

That all and all manner of pleas, writs, actions, suits, plaints, process, 1696, chap. 5,
precepts, recognizances, indictments, presentments or other things what- ante'.^'^^^'
soever, that were or shall be returnable, had or shall have day or days
in any of the courts of justice lately established within this 2>i"0vince,
verdicts, judgments and other matters and things therein depending,
not fully made up, determined or given, shall stand continued and be
revived, and are hereby continued, revived and adjourned unto, and
may be pleaded, heard and proceeded upon, at the next superiour com-t
of judicature, court of assize and general goal delivery, inferiour court
of common pleas, or court of general sessions of the j^eace respectively,
to be holden for and within the several counties where the same were
or shall be returnable, had day or days, or are depending and undeter-
mined. And that all jiarties that had day, by any pleas, writs, bills,
actions, suits, plaints, process, precepts, or other thing or things what-
soever, at or in any of the said courts, discontinued by means as afore-
said, shall respectively appear at such next court to be holden in or for
the same county, under the penalty of forfeiting any bonds, obligations
or recognizance for the appearance of the said parties, or under any
other penalty that might have incurred upon the said parties for not
appearing at any of the courts discontinued as aforesaid, if the same
had been holden and kept : provided, nevertheless, that where it happens
any person or persons, being jDrmcipals, that were under bond, obliga-
tion or recognizance for appearance at the superiour court of judicature,
court of assize and general goal delivery, inferiour court of common
pleas or court of general sessions of the peace, within any county of this
province, discontinued as aforesaid, and since that, are removed and
gone beyond sea, or out of this i^rovince, and shall not be returned be-
fore the sitting of such next court to be held in or for the same county,
it shall be in the power of the justices of such court, upon motion
made on that behalf, and they are accordingly to allow a continuance of
any such bond, obligation or recognizance to such further time as shall
be thought necessary, that no persons concerned may be surprized, or
have advantage unreasonably taken against them. \_Passed June\^\
signed by the Governor June 26 ; published June 27.

376

Province Laws.— 1699-1700. [Chaps. 6, 7.]

CHAPTER 6.

1693-4, chap. 3.

Commissioned
officers to make

AN ACT IN ADDITION TO THE ACT FOR REGULATING THE MILITIA.

Whereas, in and by the act entituled " An Act for regulating the
militia," amongst other things therein contained, it is enacted that
drums, drummers, trumpets, trumpeters, colours and banners be, by the
commission officers of each troop or company, provided at the charge of
the respective companies and troops, where they are not already pro-
vided, and the fines will not reach to procure the same, but no direc-
tion being given by the said law how or m what manner such charge
shall be raised and levied upon such company or troop, —

He it therefore enacted by His Excellency the Governour, Council and
Representatives in General Court assemUedy andhy the authority of the
same.

That when and so often as the fines arising in any military comjDany
assessmentfor*^ 01' troop shall not be Sufficient to answer the charge of providing suita-
Dcts^&c "^"^ ble drums, trumpets, colours and banners, and the support of drummers
or trumpeters, the commission officers of such company or troop respec-
tively are hereby authorized and impowred to assess so much as shall
be wanting and necessary for that use and occasion, upon their company
or troop, and to proportion the same in the most equal manner they
may upon all the j^ersons entred in the roll of such company or ti'oop,
and liable to attend any military duty in the same, having due regard
unto persons' ability for estate and other circumstances; and where
there be sons and servants, their parents or masters to pay for them if
they cannot do it themselves ; and the assessment so made, being
signed by the commission officers, shall be committed unto the clerk of
such company or troop, together with a warrant from the chief officer
of the same, requiring said clerk to collect and pay in the same unto
himself, to be imployed and disposed to the use aforesaid ; and to make
distress of all jiersons that shall neglect or refuse to pay their propor-
tion thereof; and such clerk is hereby impowred and required to
execute such warrant accordingly, and to pay in said moneys unto his
chief officer ; and if any fail in their betrustment and duty aforesaid
they shall be liable to give account to their superiour officers from time
to time. \_Passed and published July 18.

CHAPTER 7.

Disallowed by
the privy coun-
cil, October 22,
1700.

AN ACT FOR THE BETTER PREVENTING OF THE SPREADING OF INFEC-
TIOUS SICKNESSES.

Whereas ships and other vessels arriving within this province from
parts beyond the seas, are ofttimes during their passage visited with the
small pox, and other infectious sicknesses, or come from places where
such sicknesses are prevailing and epidemical, bringing with them cot-
ton wool or other commodities, in which the contagion is liable to be
conveyed, and has in time past proved to be of i:)ernicious and fatal
consequence to the people of this province, the masters or commanders
of such ships or vessels, not taking that due care as in such case they
ought, to give information thereof before they bx'ing their ships into
harbour, and have landed their passengers or goods ; for prevention of
which mischief for future, and that this province by the blessing of
God may be preserved from the coming in and spreading of contagious
mortal sicknesses, —

[1st Sess.] Province Laws.— 1699-1700. 377

Be it enacted by Sis Excellency the Governour, Council and Repre-
sentatives in General Court assembled, and by the authority of the same,

[Sect. 1.] That no master oi* commander of any ship or vessel Ships visited
arriving to any port or harbour within this province, in which shij^ or oVcomTng from
other vessel any person, passenger or seaman upon their passage shall any place visit-
be visited with the small pox or any other contagious sickness, or shall ness, notto
come from any port or place where any such sickness is epidemical and g°™fe'^^°^*' ^^^
jDre vailing, may presume to sail or bring his ship or vessel within or without license,
above the castle or fort (where any such is), or within the space of half
a mile next unto any peer, wharf or landing-place in such harbour
where no fortification is, withovxt licence first had for so doing from the
governour or commander-in-chief of this province for the time being, or
from the two next justices of the peace, if such harbour lye more than
ten miles distant from the place of the governour's residence, nor shall
permit or sufl:cr any of his i)assengers or seamen to be landed or brought
on shore, or any person or persons to come on board without licence as
aforesaid first had and obtained for the same, on pain that every master
or commander of any ship or other vessel ofiending against this act
shall forfeit unto his majesty the sum of one hundred pounds for and
towards the sujjport of the government of this province, to be recov-
ered by action, bill, plaint or information in any of his majesty's courts
of record within the same, wherein no essoign, protection or wager of
law to be allowed.

[Sect. 2.] And, to the intent that all masters or commanders of ^as^ie)&c*^*to
ships or other vessels not belonging to this province may be duly inquire of the
informed of their duty by this act required, the captain of the castle, '^^^ ^ ^ 'p^*
and the chief ofiicer of every other fort or fortification in any port or
harbour within the same, are hereby commanded and enjoyned to
examine and inquire of the health of all ships and other vessels arriv-
ing to the same, and to acquaint the masters or commanders thereof of
the import of this act.

And be it further enacted by the authority aforesaid,

[Sect. 3.] That if any passengers or seamen arriving in any ship or renaity for any
vessel, visited with the small pox or other pestilential or infectious seamaiftrcome
sicknesses upon her voyage, shall presume to come on shore before out'^iicensT*^^'
licence had as aforesaid, it shall and may be lawful to and for any jus-
tice of the peace to require or send such person or persons, with their
cloathing and bedding, on board such vessel again, or to confine them
to such other place or places as such justice shall judge most suitable
for preventing of infection ; and all the cost and charges arising there-
upon, to be answered and paid by the passenger or seaman so offending
as aforesaid, who also shall forfeit the sum of twenty pounds to the use
aforesaid, and to be recovered in manner as aforesaid. \_Passed and
published July 18.

" There is no such Act as tliis (that we know of) in any other of his Majesty's Plantations;
And by the uncertain interpretation that niaj' be put upon the terms Contagious, Epidemical
and Prevaih'ng Sickness, we thinlc it maj^ be liable to great abuses; The Penalties also thereby
inflicted seem unto us too high, And we are therefore humbly of opinion that the inconveniences
thereb}' intended to be prevented may be better provided against by an order of the Governor
and Council from time to time than by any standing Act of the General Assembly." — Repi-Ci-
sentation of the Lords of Trade, ut supra.

378 Province Laws.— 1699-1700. [Chap. 8.]

CHAPTER 8.

AN ACT FOR THE SUPPRESSING AND PUNISHING OF ROGUES, VAGABONDS,
COMMON BEGGARS, AND OTHER LEWD, IDLE AND DISORDERLY PERSONS;
AND ALSO FOR SETTING THE POOR TO WORK.

Be it enacted hy His Excellency the Governour, Council mid Repre-
sentatives in General Court assemhUd, and hy the authority of the
same,
House of cor- [Sect. 1.] That there shall be erected, built or otherwise provided
provfded'in^ ill every county within this province, at the charge of such county, a
each county. fit and convenient house or houses of correction (where such a house is
not already provided), with convenient accommodation thereunto
adjoyning and belonging, to be used and imployed for the keeping,
correcting and setting to work of rogues, vagabonds, common beggars,
and other lend, idle and disorderly persons ; and until such house or
houses of correction be erected, built or otherwise provided, the com-
mon prison in each county may be made use of for that j^urpose.
And be it further enacted hy the aiithority aforesaid^
Justices in their [Sect. 2.1 That the iustices of peace [inl \of^ every county, at

sessions to ap- ,•,'- -.-J . r>^i j^i^iii'-ii'-.i-' '' . i

point a master tnc general sessions ot the peace to be holden lor the same county trom
correct^'ou.^*^ °^ ^^^^ *° time, may nominate and appoint, at their will and pleasure, an
5 Gray, 88. hoiicst, fit person to be the master of such house of correction ; and it
shall and may be lawful to and for the said court, or any one justice of
the peace out of court, to send and commit imto the said house, to be
kept and governed according to the rules and orders thereof, all rogues,
vagabonds and idle persons going about in any town or county beg-
ging, or persons using any subtle craft, jugling or unlawful games or
plays, or feigning themselves to have knowledge in physiognomy, palm-
estry, or pretending that they can tell destinies, fortunes, or discover
where lost or stol'n goods may be found, common pipers, fidlers, runa-
ways, stubborn servants or children, common drunkards, common night-
walkers, pilferers, wanton and lascivious persons, either in speech or
behaviour, common railers or brawlers, such as neglect their callings,
mispend what they earn, and do not j^rovide for themselves or the sup-
port of their families ; uj)on due conviction of any of the ofiences or
disorders aforesaid.

And he it further enacted hy the authority aforesaid,
itond'f^c^^to' [Sect. 3.] That the master of such house[s] of correction, to be
be set' to work; appointed as aforesaid, shall have power and authority, and shall set all
such rogues, vagabonds, beggars, and other lend, idle and disorderly
persons as aforesaid, that shall be duly sent or committed unto his cus-
tody, to work and labour (if they be able) for such time as they shall
—and punished continue and remain in the said house ; and to punish them by putting
&c. ' fetters or shackles upon them, and by moderate whipping, not exceed-

ing ten stripes at once, which (unless the warrant of commitment shall
otherwise direct), shall be inflicted at their first coining in, and from
time to time, in case they be sttibborn, disorderly or idle and do not
perfoiTU their task, and that in good condition, according as they shall
be reasonably stinted ; or to abridge them of their food, as the cause
shall require, until they be reduced to better order.

And for tlic better supjDort and governing of the said house of cor-
rection, and for imploying of such jicrsons as shall be committed to the
same, —

JBe it further enacted hy the authority aforesaid,
Justices in their [Sect. 4.] That the justiccs of eacli county, in their court of gen-
make orders for eral sessions of the peace, shall be and hereby are authorized and
iouse"of correc- i^i^powrcd to make necessary rules and orders, from time to time, as
tion. they shall find occasion, for the ruHng, governing and punishing of such

[1st Sess.] Province Laws.— 1699 -1700. 379

persons so to be committed, agreeable to the laws of this province ; and
such rules and orders as shall he made in that behalf by the justices in
their general sessions shall be of force and be duly performed and put
in execution.

And be it further enacted hy the authority aforesaid,

[Sect. 5.] That when any person or persons shall be committed to ^°7toThe"^
the said house of correction from xmy town or towns in this province, house of correc-
the selectmen of such town to which said person or persons belongs, gup'j[,orted° ^^'^
shall take care, and at the cost and charge of said toAvn shall provide,
as there shall be occasion, suitable materials, such as shall be necessary
and convenient for the keeping such person or persons so committed to
work during his or their abode there, and shall deliver the same to the
master or keeper of said house to be improved for that end. And
where any stubborn children or servants, that are under the immediate
care and government of their parents and masters, shall be committed
to said house, the parents or masters of such children or servants, if
able, shall take care to provide such things as may be necessary for the
keeping of them to work and labour during their abode in said house ;
and no j^erson to be committed to the said house of correction that is
able to work shall in any sort be chargeable to the county for any
allowance, either at their bringing in, going forth, or during the time of
their abode there, but shall only be allowed for their labour and work
the sum of eightpence out of every shilling they shall earn, and the
overplus of such their earnings to be unto the master or keeper of the
said house to accompt for ; and if such j^ersons are masters or heads of
families, then and in such case the whole profit and benefit of their
labour, or so much thereof as the court of general sessions of the peace
shall think necessary and direct, shall be for the relief and siipport of
such persons and their families. And if any person or persons, to be
committed to the said house, shall be miable to work, or be weak or
sick, then to be relieved by the master or keeper of such house, who
shall be again reimburst what he shall so necessarily expend for the re-
lief of such person or persons by the selectmen of such town to which,
said person doth belong, and the selectmen to assess the same upon the
inhabitants of such town or precinct ; except the person or jDcrsons so
committed to said house, being unable to work, or being weak or sick,
were, at the time of his, her or their commitment, in their minority and
under the cai-e of their parents or masters, then and in every such case
the parents or masters of such person or persons shall reimburse what
necessary charges the master or keeper of the said house of correction
shall necessarily expend for their relief.

Ajid be it further enacted by the authority aforesaid,

[Sect. 6.] That the master or keeper of the said house of correc- Master of the
tion shall, for his care, labour and service in looking after the person or tiontobepaid'
persons that from time to time shall be committed to his care and cus- ^^ Wa care,
tody, and also for rehc'V'ing any person or persons that shall happen to
be weak or sick, in his custody, have such reasonable allowance and sat-
isfaction made him by the parents or masters of such person or persons
so committed, if under their immediate care and government, or other-
wise, by the town to which said person or persons do belong, as the
justices at the court of general sessions of the peace for such county
shall direct and appoint, if the earnings of such person or persons be
not sufiicient to discharge the same, over and above what is allowed
them out of their earnings for their relief.

[Sect. 7.] And the master or keeper of every such house shall keep ~*accom^*t.^of
an exact accompt of all profits and earnings that shall be made by the the earnings°of
labour of those under his custody from time to time, and present the ted1:<) Ws^cus\'o-
same (upon oath, if required) unto the justices of the same county, at dy.
their general sessions of the peace, out of which earnings the said mas-

380

Province Laws.— 1699-1700.

[Chap. 8.]

Selectmcu to
proportion any
assessment
that may be
granted by the
inhabitants of
any town for a
stock to set
their poor oa
work.

Master and
wardens to be
appointed for
such work-
house;

—their power.

All stock to be
kept entire for
the said works.

Two justices
may commit to
the workhouse.

ter or keeper of said house shall have his allowance ; and if any over-
plus be, it shall be to the town to which said person or persons doth
belong, or to their parents or masters, according as the circttmstance of
the case may be. And the master or keeper of any such house of cor-
rection that shall refuse to accompt as aforesaid, or shall otherwise be
negligent of his duty I'cquired by this act, shall be liable to such line or
punishment as by the discretion of the court of general sessions of the
peace in such county shall be awarded.

And for the better imploying and setting the poor to work, —

JBe it further enacted by the authority aforesaid,

[Sect. 8.] That where there is a house already b^^ilt in any town,
with intent to be improved for a workhouse, to set their poor on work,
or shall hereafter be built for that j^urpose, and the inhabitants of such
town shall grant a tax or assessment for the raising of a stock where-
with to provide necessary and suitable materials, tools and implements
for imploying and setting their poor on work at such house, the select-
men of the same town for the time being shall proportion such tax or
assessment \\])o\\ the inhabitants thereof in the most just and equal man-
ner they may, according to the rules and methods for the time being
prescribed by law for proportioning the province tax, and shall grant
warrants for collecting the same in like manner as the law directs for
the gathering of other town rates or assessments.

[Sect. 9.] And the justices of peace residing in any such town,
together wdth the selectmen thereof, are hereby impowred and author-
ized to nominate and appoint from time to time three or more sufficient
persons of their inhabitants as a master and wardens, to govern, inspect
and take care that all persons of the same town imployed at the said
workhouse, or sent thither by any two justices of the peace, quorum
unus, to be kept to work there, be held and kej^t strictly to work ; and
that all idle and disorderly persons and such as do not duly perform
such reasonable task or stint as shall be set them, be punished by mod-
erate W'hipping or setting in the stocks. And all stock, materials,
tools and implements to be raised and provided as aforesaid shall be
committed into the hands of such master and wardens, to be managed,
used and imployed according to their discretion, for the imploying and
setting to work all such persons as shall be under their inspection and
government.

[Sect. 10.] And the said master and wardens ai-e also hereby im-
powred to demand, sue for, recover, accept, receive and take any gifts,
bequests and donations that are or shall be made and given by any per-
son or persons to the use of the poor, for and towards a stock for such
workhouse, and to imploy and dispose the same accordingly ; and shall,
once a year or oftner, from time to time, if required, render an accompt
upon oath unto the town of their management, implojTuent and disposal
of all moneys or other stock to be committed unto them, or that by any
other ways or means as aforesaid shall come to their hands, and of the
profits and mcomes made thereof; and shall have such reasonable allow-
ance and recompence made unto them for their trouble, pains and ser-
vice in and about this affair as the town shall agree and order.

[Sect. 11.] And all stock to be raised or otherwise obtained as
aforesaid, with the increase, profits and improvements from time to time
made thereof, shall be kept intire, and applied to and for the ends and
uses before mentioned, and for answering of the necessary charges aris-
ing on and about the repairing and keeping of said house and the sub-
sisting of those that shall be there imployed, and to no other use what-
soever.

And be it further enacted by the authority aforesaid!,

[Sect. 12.] That it shall and may be lawful to and for any two jus-
tices of the peace, quorum unus, to send unto such workhouse to be

[1st Sess.] Province Laws.— 1699-1700. 381

there imployed and kept to -work, all persons belonging to the same
town, being able of body, that live idly or disorderly, mispend their
time, or that go about begging or receive alms from the town ; and the
master of such house shall receive and keep them to work accordingly.
[jPassed June 29 ; published July 18.

CHAPTER 9.

AN ACT APPOINTING THE SHERIFF TO HAVE THE KEEPING OF THE COM-
MON GOAL, AND THE PRISONERS THEREIN.

-Be it enacted hy His Excellency the Governour, Council and Repre-
sentatives in General Court assembled^ and by the authority of the
same,

[Sect. 1.] That the sheriff of each several county within this prov- Sheriff to have
ince have the custody, rule, keeping and charge of every of the king's the goai'and'
common goals, prisons and prisoners in the same, in the county where pisoners there-
ne is sheriff, during the time of his office, to be held and kept by him- 4 Mass. 68, 73.
self or his lawful deputy or underkeeper for whom the sheriff shall be
answerable ; and every sheriff shall give sufficient security at the dis- — t*^ S^^^ ^^'^'
cretion of the court of general sessions of the peace in the same county, " ^'
unto the king's majesty, for the due and faithful discharge and pei-fonn-
ance of his office in all the parts thereof.

And for encouragement unto the sheriff to take and use all possible
care and diligence for the safe keeping of the prisoners that shall be
committed to his custody, —

Re it further enacted by the authority aforesaid,

[Sect. 2.] That the sheriff of every county shall have such salary —salary.
allowed'him for the same, as the justices of the court of general sessions
of the peace within the same county shall think fit and order, not
exceeding thirty pounds per annum, for the county of Suffolk, and not
exceeding ten pounds apiece, in each of the other counties within the
province, to be paid out of the treasury of such county. [Passed July
14 ; published July 18.

CHAPTER 10.

AN ACT FOR KEEPING OF WATCHES IN TOWNS.

Re it enacted by His Excellency the Governour, Council and Repre-
sentatives in General Court assembled, and by the authority of the
same,

[Sect. 1,] That, from time to time, when and so often as a military Justices and
watch shall not be ordered and appointed to be kept, the justices of the poin^t^Tvat^ch^
peace, together with the selectmen of each town Avithin this province, t" be kept in
and in such towns Avhere no justice of the peace dwells, the selectmen
by themselves, are hereby impowred and authorized to direct and order
a suitable watch or watches to be set up and kept nightly within such
town from and after nine a clock in the evening until sun rising in the
morning, and the place or ])laces where to set the same ; and also a
ward to be kept every Lord's Day, and other days, as they shall think to
be needful, and to appoint the numbers whereof such watch and ward
shall consist, and the time for the beginning and continuance of the —to be warned
same. And the constable or constables of the town, having orders bfe!*^^ c^"***-

382

Province Laws.— 1699-1700.

[Chap. 10.]

Houses of ill
fame to be ob-
eerved.

Persons liable
to watch.

Penalty for not
giving their at-
tendance when
warned.

Provision for
keeping a watch
in another form
where it may be
judged better.

accordingly given him or them in writing by the justices and selectmen,
or the selectmen only, in such towns where no justice of peace dwells,
are hereby impowred and required from time to time to Avarn such
watch and ward respectively, and to see that all persons so warned by
them do attend and observe their duty in that regard, and to take care
in the warning thereof that such watch or ward do not consist of all or
the greater part youths, but that some able householders or other suf-
ficient persons be joyned with them. And the constables are hereby
enjoyned to give in charge to the watch to see that all disturbances and
disorders in the night be prevented or supi^ressed, and to examine all
persons whom they shall see walking abroad in the night after ten a
clock, of their business abroad at such season, and whither they are
going, unless they be known orderly and peaceful persons ; and in case
they give not reasonable satisfaction therein, or are persons of ill
behaviour, or justly suspected to have any unlawful intention or design,
then to secure by imprisonment or otherwise all such disorderly and
suspicious persons, to be safely kept until the morning, and then to
carry them before one of the next justices of the peace to be examined
and proceeded against according to the nature of their offence as is by
law directed ; and such watchmen shall walk the rounds in and about
the principal inhabited parts within such town to prevent any danger
by fire and to see that good orders be kept, taking j^articular observa-
tion and inspection of all houses and families of evil fame, and shall
strictly observe the charge to be given them as aforesaid.
A7id be it further enacted by the authority aforesaid,
[Sect. 2.] That all male persons, in each town respectively, of the
age of sixteen years or upwards, being able of body, or having estate
sufficient to hire, shall be liable to watch and ward, either in their own
persons or by some other sufiicient person or persons in their room,
when duly warned to attend the same, except the members of the
council, justices of the peace, members of the assembly for the time
being, the president, fellows and students at the colledge, ministers,
grammar-school masters, the sheriff of each county, the chief commis-
sion oflicer of each military company and troop for the time being, the
ofiicers of the governour's troop of guards, and persons living two miles
from the place where the guard is kept.

A7id be it further e?iacted by the authority aforesaid,
[Sect. 3.] That if any persons liable to watch or ward as aforesaid,
being duly warned by the constable or other person by his appointment,
shall refuse or neglect to appear and attend their duty in that regard,
either by themselves or some other sufiicient persons in their stead, and
be thereof convicted before a justice of the peace, either by the oath of
such constable or other sufiicient testimony upon oath, without a just
and reasonable excuse to be made and given for the same, every per-
son so offending shall forfeit and pay to the use of the poor in such
town the sum of five shillings, and have the said sum, with the charges
of prosecution, levied by distress and sale of his or her goods or chat-
tels, or otherwise be committed to prison until the same be paid ; and
the constables of each town are required from time to time to observe
and perform the orders that shall be given them as aforesaid, on pain of
being fined to the use of the poor within such town not exceeding forty
shillings : provided, nevertheless,

And be it further enacted by the authority aforesaid,
[Sect. 4.] That in any town where the members of the council and
the justices of the peace within such town, together with the selectmen
thereof, or the selectmen by themselves, where no member of the coun-
cil nor justice dwells, shall judge that a watch may be kept in such
town more for the benefit and safety thereof, in other manner than is
hereinbefore directed, the inhabitants also agreeing to support the

[1st Sess.] Province Laws.— 1699-1700. 383

charge thereof, the justices in the court of general sessions of the peace
within the county wlaere such town does lye, upon application to them
made in that behalf, are hereby impo^\a-ed and authorized to direct and
order the rule for apportioning and levying of such sum, upon the inhab-
itants and residents in such town, as shall be granted by the town for
that purpose, in such manner as they shall judge most equal and reason-
able, by poU, estate, or both, to be applied accordingly. [^Passed June
23 ; signed by the Governor June 26 ; published June 27.

CHAPTER 11.

AN ACT FOR REBUILDING THE GREAT BRIDGE OVER CHARLES RIVER IN"
THE TOWN OF CAMBRIDGE.

"Whereas the great bridge over Charles River, in the town of Cam-
bridge, within the county of Middlesex, is of common use and advantage
to the greatest part of this province, considering the publick benefit of
the colledge, and was at first by a general contribution of the counties
of Sufiblk and JMiddlesex erected, the said bridge being now gone to
decay ; and forasmuch as said town of Cambridge are not able to rebuild
the same, and for the encouragement to the new building of said
bridge, —

lie it enacted by Sis Excellency the Governour, Council and Repre-
sentatives in General Court assembled^ and by the authority of the same^

[Sect. 1.] That for and towards the rebuilding and anew-making Allowance out
the great bridge aforesaid there shall be paid out of the publick treasury fo/rebuiwing^
of this province the sum of one hundred fifty and three pounds money said bridge.
(one hundred and three pounds, part of a greater sum formerly granted
by the general assembly for the use aforesaid, not being paid, to be un-
derstood and intended to be part of the aforesaid sum of one hundred
and fifty-three pounds).

And further for the use and end aforesaid, —

Tt is ordained and enacted,

[Sect. 2.] That there shall be paid by the county of Middlesex the Howthefnr-
sum of fifty pounds money ; and by the county of Suffolk the like sum thereon^to be
of fifty pounds money ; and for the supplying of what shall be further proportioned,
necessary for the rebuilding said bridge, the town of Cambridge shall
pay two third parts, and the town of Newton shall pay one third jDart
of the cost and charges ; and the justices of the peace for the respective
counties aforesaid, at the next general sessions of the peace, shall and
are hereby impowred, authorized and required to assess and collect the
respective sums aforesaid in manner and form as they assess and collect
other county charges ; and the selectmen of the towns aforesaid to assess
the proportions aforesaid as in other town charges.

And further, for the more efiectual accompHshing the work aforesaid, —

Jt is enacted,

[Sect. 3.] That Nathaniel Byfield, Esq'", Major James Converse, Committee to
Captain Andrew Belcher, Mr. Jonathan Remington, Mr. Thomas Oliver rebuiitog^said
and Mr. Edward Jackson shall be a committee who are also hereby im- bridge,
powred to receive, out of the publick treasury and of the counties and
towns aforesaid, the respective sum and sums in and by this act granted,
and to be assest and collected as aforesaid ; and shall, according to the
ti'ue intent and meaning thereof, cause the said bridge to be forthwith
erected and sufticicntly rebuilt, any law, custom or usage to the con-
trary notAvithstanding ; and that after the said bridge is rebuilt and iiow to be re-
finished, it shall from time to time be repaired and maintained at the Eiahifafne'd af-
charge of the said towns of Cambridge and Newton, in the proportion terwards.
aforesaid. [^Passed July 18 ; published Jidy 19.

384

Province Laws.— 1699-1700. [Chaps. 12, 13.]

CHAPTER 12.

AN ACT IN ADDITION TO THE ACT FOR REGULATING OF TOWNSHIPS, &c.

Be it enacted hy His Excellency the Governour, Council and Hepre-
1692-3, chap. 28. sentatives in General Court assembled, and by the authority of the same,

That the freeholders and other inhabitants of each town, duly quali-
fied to vote in town affairs, at the time of their annual meeting for the
choice of town officers shall choose a suitable person to be treasurer
for such town, who shall be sworn, before a justice of the peace, to the
true and faithful discharge of his trust, who is hereby impowred to
administer the said oath. And such treasurer shall, and hereby is
impowred to demand and receive all debts, rents and dues belonging or
owing to such town, or the poor thereof, and to sue for and recover the
same by due process in the law, and shall pay out such monies accord-
ing to order from the selectmen or overseers of the poor, pursuant to
such instructions as they shall receive from the town ; and every such
treasurer shall annually make and render a true accompt to the town of
all his receipts and j^ayments, and shall have such allowance for his
service as shall be agreed and ordered by the town. [Passed June 23 ;
signed by the Governor June 26 ; published June 27.

Town treasurer
to be annually
chosen ;

— ^his power;

—to accompt.

CHAPTER 13.

AN ACT FOR GIVING NECESSARY SUPPLIES TO THE EASTERN INDIANS,
AND FOR REGULATING OF TRADE WITH THEM.

Supplies for
trade with the
Indians to be
sent to Fort
Mary, at Saco,
&c.

Whereas the Indians in the eastern parts of this province, some
time since in hostility and rebellion, having submitted themselves, and
recognized their subjection and obedience to the crown of England,
have now dependance upon this government for supplies of cloathing
and other necessaries ; to the intent, therefore, that they may be fur-
nished with the same at such easy rates and prices as may oblige them
to adhere firmly to the English interest, —

JBe it enacted by Sis Excellency the Governour, Council and Repre-
sentatives in General Court assembled, and by the authority of the same,

[Sect. 1,] That provisions, cloathing and all other supplies suitable
for a trade with the said Indians, to the value of six hundred pounds,
be forthwith and from time to time procured by the treasurer and
receiver-general of the province, or such other person or persons as his
excellency the governor, with the advice and consent of the council,
shall appoint for that purpose, and be paid for out of the publick treas-
ury of this province ; and that a sufficient quantity of said supplies be
sent and lodged from time to time at his majestie's Fort Mary at Saco
to trade Avith such Indians as shall come there ; and at such other place
and places as the governour, with the advice of the council, shall direct
and appoint, as far as the River of St. Georges, to trade Avith such
Indians as shall be in those parts ; and that a sufficient quantity of said
supplies be likewise sent unto Dunstable, to trade with the Indians of
Pennecook and parts thereabout, who are not to be allowed to come
into any of the towns upon or near Merrimack River to trade, but only
to Watanick, a place so called within the said township of Dunstable ;
and no trade shall be allowed in the county of Hampshire with any
Indians.

And for the better management of the trade with the said Indians, —

[1st Sess.] Province Laws.— 1699-1700. 3^5

Be it further enacted by the authority aforesaid,

[Sect. 2.] That his excellency the governour, with the advice and to'be^apJfofnted
consent of the council, do appoint a suitable person or persons to be to manage said
truck-masters, to have the care and management of the trade with the ^'^^^^*^'
said Indians; which truck-masters shall have instructions given them to
sell and dispose of such provisions, cloathing and supplies, as shall be
from time to time committed to them to trade Avith, for the best profit
and advantage of the publick that they may, so as they be sure to
undersell the French ; and not to sell any strong liquors to the Indians
at any time, nor to trust them for any considerable matter, nor to
take any considerable pledge of them, nor the forfeiture thereof at any
time. And the said truck-masters shall return and deliver unto the
treasurer or such other person or persons as shall be appointed as afore-
said for procuring the said supplies, all such goods, skins, peltry, casto-
rium and other things as shall be produced or come to their hands by
the said trade with the Indians, or in lieu of the goods that shall be
sold unto them ; to be by the said treasurer, or other person or persons
as aforesaid, sold and disposed to the best advantage, and the produce
thereof to be laid out in procuring such further supplies as there may
be occasion ; and the said truck-masters shall keej) fair accompts of —who arc to
their trade and dealings with the said Indians, and shall return the compt*s,'&c.^-^
same from time to time to the treasurer, or other person or persons to
be appointed for procuring such supplies as aforesaid. And such —and to be
truck-masters shall, before they enter upon the management of the ^^o''"-
said trade, be sworn to be faithful therein, and to observe such instruc-
tions as shall be given them by the governour, with the advice of the
council from time to time, and not to trade for anything with the said
Indians on behalf or for account of themselves or any other particular
person or persons.

And he it further enacted by the authority aforesaid,

[Sect. 3.] That no person or persons whatsoever, other than those Penalty on oth-
to be imployed as truck-masters as aforesaid, shall or may presume by trading'with"^
themselves, or any other for them, directly or indirectly to truck, bar- t'^*^ Indians,
ter, buy, sell, deal or trade with any Indian or Indians in any place
within this province to the eastward of Piscataqtia River, or in any
other place or places on or near Merrimack River, or Nashaway River,
on j^ain that every person or persons so trading shall forfeit the sum of
fifty pounds, and all such goods as he or they shall have been trading
with or for, and the vessel or vessels such person or persons shall have
been trading in or with, or the value thereof; one moiety of the said
forfeitures to be unto his majesty, to be laid out in procuring stipplies
to trade with the said Indians on account of the province, and the
other moiety to him or them that shall inform and sue for the same in
any of his majesty's courts within this province that shall have cog-
nizance thereof.

[Sect. 4.] And the commander or truck -master on board any vessel rower of seiz-
to be improved for trading with the Indians to the eastward of Piscat- ^^
aqua River, shall be and hereby is impowred to seize any vessel or ves-
sels that shall have been trading with the Indians, and shall be after-
wards met with by him, and shall bring or send such vessel or vessels
into some port in order to tryal.

[Sect. 5.] And all persons that shall be imployed as truck-masters,
or otherAvise, relating to the said trade with the Indians, shall have and
receive such salary or alloAvance for their service therein as the govern-
our and council shall order and appoint : provided, this act shall con-
tinue in force for one whole year, and to the end of the session[s] of
the general assembly next after, and no longer. \_Passed July 17;
published July 18.

386 ' Province Laws.— 1699-1700. [Chap. 14.]

CHAPTER 14.

AN ACT FOR GRANTING UNTO HIS MAJESTY A TAX UPON POLLS AND

ESTATES.

Wee, Ms majestie's loyal and dutiful subjects, the representatives of
his majesty's province of the Massachusetts Bay in New England, con-
vened in general court or 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 and paying of wages to souldiers and
seamen and vessels' hire that have been, are or shall be imployed in his
majesty's service within this province ; for the paying of such salaries,
gratuities and allowances as have been or shall be made and granted 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 pubhck
treasury ; and for support of the government and answering of the inci-
dent and contingent charges in and about the same, do unanimously
grant unto his most excellent majesty, for the ends, uses and intents
before mentioned, and for such other use and uses as shall be limited
and appointed by this court, and no other, a tax of three thousand
and seventy-nine pounds ten shillings in money, to be levied upon polls
and estates, both real and j^ersonal, 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 His Excellency the Governour^ Council and Hepre-
sentatives in General Court assembled, and by the authority of the same,

[Sect. 1.] That the treasurer do forthwith send out his warrants
directed unto the selectmen, 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 president, fellows and students of Harvard Col-
ledge, grammar-school masters and such who, through age and infirniity
or extream poverty, in the judgement of the selectmen, trustees or
assessors, are rendred incapeable to contribvTte towards publick charges),
at two 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) in whose hands, possession, ten-
ure or occupation soever the same shall be found, at one penny on the
pound ; and to abate or multiply said sum, if need be, so as to make up,
together Avith what shall arise upon polls, the full sum hereby set and
proportioned unto such town or jjrecinct : houses and lands to be esti-
mated at the yearly rent or income whereat they usually are or may
reasonably be lett 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 judgement and discretion of the assessors,
not excluding facultys : also requiring the said selectmen, trustees or
assessors to make a fair list or lists of the said assessment setting forth
in distinct columns against each particular person's name how much he
is assessed at for polls, how much for houses and laaids 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 remit to the collector,
constable or constables of such town or precinct, and to return a certifi-
cate of the name or names of such collector, constable or constables,
together with the sum total to each of them respectively comitted unto
himselfe sometime before the last day of August next ensueing.

[1st Sess.]

Province Laws.— 1699-1700.

387

[Sect. 2.] And the treasurer upon receipt of such certificate is
hereby impowred and ordered to issue forth his warrants to the col-
lectors, constable or constables of such town, requiring him or them
respectively to collect the sum total of the Hst or lists to him or them
committed and to pay the same into the treasury, and issue the accompts
thereof with himselfe or his successor in said office at or before the last
day of November next following. And the treasurer is hereby also di-
rected to send his aforesaid warrants inclosed to the sherifi:* or marshall
of each respective county, who is required immediately to disperse and
transmit the same unto the selectmen, trustees, assessors, constables or
collectors of the several towns and precincts within such county, accord-
ing 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 hy the authority aforesaid,
[Sect. 3.] That each town and precinct within this province shall
be assessed and pay as its proportion to this present tax the sum here-
after following ; that is to say, —

IN THE COtTNTY OF SUFFOLK.

Boston, five hundred eighty-five pounds,

Roxbury, fifty-two pounds ten shillings,

Dorchestei', sixty-seven pounds ten shillings,

Milton, twenty-seven pounds,

Brantrey, forty-eight pounds,

Weymouth, thirty-three pounds, .

Hingham, fifty-one pounds, .

Dedham, thirty-five pounds five shillings,

Wrentham, nine pounds,

Medfield, thirty pounds,

Mendon, six pounds, ....

Hull, fifteene pounds, ....

EST THE COmSTTY OF ESSEX,

Salem, one hundred twenty-three pounds,
Ipswich, one hundred thirty-seven pounds five

lings, _ .

Newbury, ninety-one pounds ten shillings,
Salisbury, twenty-four pounds,
Aimsbury, twelve pounds,
Haverhill, twenty-four pounds,
Andover, thirty pounds,
Bradford, twelve pounds,
Topsfield, twenty-four pounds,
Marblehead, forty-eight pounds, .
Lynn, forty-nine pounds ten shillings, .
Wenham, twenty-one j^ounds,
Beverly, thirty-seven pounds ten shillings,
Glocester, twenty-seven pounds, .
Manchester, seven pounds ten shillings,
Rowley, thirty-six pounds, .
Boxford, eighteen pounds,

shil

£585 05. M.

62 10 0

67 10 0

27 0 0

48 0 0

33 0 0

51 0 0

35 5 0

9 0 0

30 0 0

6 0 0

15 0 0

123 0 0

137 5 0

91 10 0

24 0 0

12 0 0

24 0 0

30 0 0

12 0 0

24 0 0

48 0 0

49 10 0
21 0 0
37 10 0
27 0 0

7 10 0

36 0 0

18 0 0

IX THE COUNTY OF MIDDLESEX.

Charlestown, eighty-four pounds, . . . . . 84 0 0

Cambridge, fifty-seven pounds, . . . . . 57 0 0

Watertown, eighty-one pounds, . . . . . 81 0 0

Newton, thirty-three pounds, 33 0 0

388

Province Laws.— 1699-1700.

[Chap. 14.]

Sudbury, thirty-nine pounds,

Marlboro, twenty-seven pounds .

Medford, eleven pounds five shillings, .

Maulden, twenty-five pounds ten shillings,

Woobourn, forty-five pounds,

Reading, thirty-three pounds,

Bilrica, sixteene pounds ten shillings, .

Chelmsford, twenty-one pounds, .

Concord, forty-three pounds ten shillings,

Stow, three pounds, ....

Groton, twelve pounds,

Lancaster, six pounds, ....

Sherborne, sixteene pounds ten shillings,

Franiingham, six pounds,

Dunstable, three pounds,

£39 Os. Od.

27 0 0

11 5 0
25 10 0
45 0 0
33 0 0
16 10 0
21 0 0
43 10 0

3 0 0

12 0 0
6 0 0

16 10 0

6 0 0

3 0 0

IN" THE COUNTY OF HAMPSHIRE

Spring-field, thirty-six pounds,
Northampton, thirty-four pounds ten shillings,
Hadley, twenty-four pounds,
Hatfield, nineteen pounds ten shillings,
Southfield, seven pounds ten shilUngs, .
Westfield, twelve pounds fifteen shillings,
Enfield, three pounds ....
Deerfield, three pounds,

IN THE

Yorke, six pounds,
Wells, three pounds,
Kittery, fifteene pounds,

COUNTY OP YORKE

36 0 0

34 10 0

24 0 0

19 10 0

7 10 0

12 15 0

3 0 0

6 0 0

3 0 0

15 0 0

IN THE COUNTY OF PLIMOUTH

Plimouth, thirty-nine pounds.
Situate, fifty-five pounds ten shillings,
Marshfield, thirty -three pounds, .
Duxboro, twenty-four pounds,
Bridgewater, twenty-seven pounds,
Middleboro, nine pounds,

39 0 0

55 10 0

33 0 0

24 0 0

27 0 0

9 0 0

IN THE COUNTY OF BARNSTABLE.

Barnstable, forty-six pounds ten shillings,

Yarmouth, thirty pounds,

Eastham, thirty pounds,

Sandwich, thirty-four pounds ten shillings,

Falmouth, nine pounds,

Manamoy, nine pounds,

Rochester, nine pounds,

Harwich, twelve pounds,

IN THE COUNTY OP BRISTOL,

Bristol, twenty-seven pounds,
Taunton, forty-six pounds ten shillings,
Dartmouth, forty-three pounds ten shillings
Freetown, six pounds fifteen shillings, .
Rehoboth, thirty-six pounds,
Swanzey, thirty-three pound,
Little Compton, thirty pounds,
Tiverton, twelve pounds fifteen shillings,
Attleboro, six pounds, ....

46 10 0

30 0 0

34 10 0

9 0 0

12 0 0

27 0 0

46 10 0

43 10 0

6 15 0

36 0 0

33 0 0

30 0 0

12 15 0

6 0 0

[1st Sess.] Province Laws.— 1699-1700. 389

IN DUKES COUNTY.

Edgar Town, fifteen pounds, £lb Os. Od.

Tisbury, seven pounds ten shillings, . . . . 7 10 0

Chilmarke, nine pounds, 9 0 0

Nantucket, thirty pounds, 30 0 0

And be it further- enacted by the authority aforesaid,
[Sect. 4.] That the selectmen or trustees in each and every of the
several towns and precincts before mentioned shall be the assessors of
such town's or precinct's proportion hereinbefore set unto this present
tax, where any others specially chosen or to be chosen for that purpose
refuse to accept thereof, and all assessors before they enter upon the
said worke 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 swearo
that in the discharge of said trust you will deale impartially and equally in pro-
portioning the sura to be assessed upon the inhabitants of said towne, after the best
of your discretion and judgement, 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 doth 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,
[Sect. 5.] That if the selectmen or trustees of any town or precinct
or other assessors (attempting that trust), shall neglect or refuse to per-
form 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 sura hereinbefore set and proportioned upon such town or
precinct, to be levied by distress and sale of the estates, real or per-
sonal, of such defective selectmen, trustees or assessors by warrant from
the treasurer directed to the sheriff or marshal of the county in which
such town or precinct lies, and for want of estate their bodys to be
taken and imprisoned until they pay the same. And all sheriffs, con-
stables or collectors failing of performeing the duty and service of them
respectively required by virtue of this act, shall be liable and subject
unto the pains, penaltys 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 selectmen or assessors shall be
and are hereby also respectively impowred to take, use and exercise
all such rules, directions, powers and authoritys for enforceing the col-
lecting and paying in this present tax as is unto him or them respec-
tively 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 authoritys had herein been
again particularly recited and re-enacted, and notwithstanding any
limitation or restraint thereof in or to the joarticular act or acts wherein,
the same are enumerated, set down and expressed.
And be it further enacted by the authority aforesaid,
[Sect. 6.] That if any person be agrieved at the sum set upon him
as his proportion towards this tax, such person makeing application to
the selectmen or assessors, and demonstrating that he is rated more
than his proportion to the sum set upon their town, said selectmen or
assessors shall ease him, and if they refuse so to do, then the person.

390 PROVINCE Laws.— 1699-1700. [Chap. 14.]

agrieved, complaining unto the next general sessions of the peace
within that county, and makeing 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 reimburst out of the town
treasury so much as the said justices or assessors respectively shall see
cause to abate him.

[Sect. 7.] And the fermer or occupier of any houses or lands shall
be reimbursed and allowed by the owner or landlord thereof, one
moiety or halfe 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 produceing 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.

A7id xoliereas^ in the year one thousand six hundred ninety-seven,
there was set upon the inhabitants of Rochester, by an act of the gen-
eral assembly, the sum of eighteen pounds as the said town's proportion
to a tax then granted, and a list thereof committed to Aaron Barlow,
then constable of said town, yet by reason that the selectmen's return
to the treasurer of their having assessed and committed said sum to the
said Aaron Barlow to collect, did miscarry, and through some other
defects the said eighteen pounds hath not been hitherto collected, but
is still outstanding and unpaid, —

IBe it therefore enacted by the authority aforesaid^

[Sect. 8.] That the treasurer be and hereby is impowred and
directed forthwith to, issue out a warrant to the said Aaron Barlow,
impowring and requiring hun to collect and gather in the said sum
of eighteen pounds assessed upon the inhabitants of said town of
Rochester in the year aforesaid, and not hitherto collected, according
to each person's proportion in the list committed then to him by the
selectmen of that town, and to pay in the same into the treasurer, and
issue the accompts thereof with hunselfe or his successor, on or before
the last day of September next. And the said Aaron Barlow is hereby
impowred and required to collect and pay in the said sum accordingly.

And whereas the town of Wrentham is in an-ear and ows several
sums of money to the treasury for its proporcon of sundry taxes here-
tofore granted by the general assembly, —

It is hereby further enacted by the authority aforesaid,

[Sect. 9.] That the said town of Wrentham, on consideration of
their poverty, and of the streights the said town hath been reduced
unto by the failure of their crops in some years past, be abated the sxmi
of ten pounds of the arrears of rates and taxes from the said town due
and owing ; and the treasurer is hereby ordered to allow the said sum
of ten pounds unto the said town out of the arrears of rates and taxes
due and owing from the same.

And forasmuch, also, as Daniel Fisher and Peter Woodward, con-
stables of the town of Dedham, have not compleated their collection
and paid into the treasury the airears of former taxes owing from said
town, assessed and committed to them to gather, —

JBe it enacted by the authority aforesaid,

[Sect. 10.] That the selectmen or assessors of said town do forth-
with peruse the lists of said assessments, and rectify the errors therein
(if any there be), and return the same unto the said Fisher and Wood-
ward, who are ordered and required to perfect their collections and to
pay in the same, and finally issue their accompts thereof with the treas-
urer at or before the twenty-ninth day of September next ; and the
said to-wn of Dedham are hereby ordered to make them reasonable
allowance and satisfaction for their trouble and pains thereabout.

And whereas, in the year of our Lord one thousand six hundred ninety-

[1st Sess.] Province Laws.— 1699-1700. 391

seven, the inhabitants of Edgartown, within Dukes County, Avere
assessed the sum of one hundred seventy-one jiounds iive sliillings
and eightpence (which sum they were in arrears to sundry former
publick taxes), and tlie Usts thereof committed to Thomas Butler, as
then constable or collector of said town, to be by him gathered, but, by
reason of some difficultys and obstruction, is not yet paid into the
treasury, —

J3e it enacted hy the authority aforesaid,

[Sect. 11.] That the said Thomas Butler be and hereby is appointed
and impowred, as collector within the said town of Edgartown, to
demand, collect and receive of the inhabitants thereof each one his
several proportion of the said tax or assessment, as in the list thereof
to him committed is set down and expressed. And any one of his
majesty's justices of the peace within the same county is hereby
impowred and authorized to administer an oath unto said collector for
his faithful discharge of that trust. And he is required forthwith to
pay in to the treasury what and so much of the said assessment as he
has already gathered, and further to pay in and issue his accompts of
the whole with the treasurer at or before the last day of September
next ensueing. [Passed July 14 ; published July 18.

CHAPTER 15.

AN ACT FOR GRANTING UNTO HIS MAJESTY AN EXCISE UPON WINES,
LIQUORS AND STRONG DRINK SOLD BY RETAIL.

Wee, his majesty's loyal and dutiful subjects, the representatives of
this his province of the Massachusetts Bay in New England, takeing
into consideration the growing charges of the jDrovince for suj^port of
the government thereof, and defreying of the incident and contingent
charges in and about the same ; for the subsisting and paying of soul-
diers belonging to the garrison on Castle Island near Boston, to Fort
Mary at Saco, and such as shall be imployed in his majesty's service for
and within this province ; for the payment of the salaries and allow-
ances to the officers imployed in and about the execution of this act,
and such other salaries and allowances as have been or shall be made by
the general assembly or directed by any act thereof to be made out of
the publick treasury, have cheerfully and unanimously given and gi-anted,
and do hereby give and grant unto his most excellent majesty for the
ends, uses and intents aforesaid, and no other, 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 accord-
ing to the several rates hereinafter mentioned and expressed ; and pray
that it may be enacted, and

Be it accordingly enacted hy His Excellency the Govemour, Council
and Representatives in General Court assembled, and by the authority
of the same,

[Sect. 1.] That from and after the twenty-ninth day of June in thia
present year one thousand six hundred ninety-nine, for and during the
space of one whole year from thence next ensueing, every retailer of
wine, brandy, rhum or other distilled liquors, beer, ale, perry or cyder
shall pay, in currant money of this province, the dutys of excise follow-
ing ; that is to say, for every gallon of common wines of the "Western
Islands the sum of sixpence ; for every gallon of Passado, Malago,
Malmsey, Canary or sherry wines the sum of twelvepence ; for every

392 Province Laws.— 1699-1700. [Chap, lo.]

gallon of Madera, port wine, or other wines not of any of the sorts be-
fore mentioned, the sum of eightpence ; for every gallon of rlium and
all other sorts of distilled spirits the sum of one shilling ; for every bar-
rel of beer, ale, perry and cyder the sum of one shilling and sixpence ;
and after the same rate for any greater or lesser quantitys.

And, for the due and orderly collecting and receiving of the excise
aforesaid, —

Be it further enacted hy the authority aforesaid^

[Sect. 2.] That all retailers of wine, brandy, rhum and other dis-
tilled liquors, beer, ale, perry and cyder within this province, having any
of the said liquors in their respective houses or elsewhere, belonging
unto them at the time of this act taking place, shall make due entry and
pay the duties of excise aforesaid for the same unto the commissioners
for excise, to be appointed as in and by this act is hereafter directed, or
such other person as they shall order to receive the same ; and upon
their further receipt or purchase of all or any of the liquors beforemen-
tioned shall, before they receive it into their houses, cellars, shops,
warehouses or other rooms or jDlaces, make entry with the said com-
missioners or other person to be appointed by them for that purpose,
and i^ay the dutys of excise aforesaid, under the penalty of forfeiture of
all such liquors as shall be found in any retailer's house or other place
or places thereto belonging not being duely entred and the excise not
paid as aforesaid.

[Sect. 3.] And every retailer who shall make his own cyder, brew
his own beer or ale or distil strong liquors shall, from time to time and
at all times when he or they shall make, brew or distil the same, make
entry with the said commissioners or other person to be by them ap-
pointed as aforesaid of all such cyder, beer, ale or distilled liquors by
them made, brewed or distilled, and 25ay the excise as aforesaid, under
the like penalty and forfeiture of all such liquors as shall be found in
such retailer's house or other place or places thereto belonging aiot en-
tred and the excise thereof not paid in manner before expressed.

[Sect. 4.] And every retailer not making due entry as is before
required upon conviction thereof shall, over and above the penalty
aforesaid, also forfeit his or their licence or licences not to be renewed
within the space of three years.

[Sect. 5.] And it shall and may be lawful to and for such officer or
officers as by the said commissioners shall be appointed and impowred,
when and so often as he or they shall think fit, in the daytime, to enter
into any retailer's house, cellar or warehouse, to search for such wines or
liquors as are not duely entred, nor the excise paid for the same, and
such wines or liquors so found to seize and secure in order to the tryal
and conviction thereof, and to gage any cask or casks for that end and
purpose. And the proofe whether the duties for such wines, liquors,
beer or cyder be paid or secured to be paid shall lye upon the claimer,
and shall not be incumbent on the j^rosecutor or informer in behalf of
his majesty and himselfe : provided such seizure be made or action
brought within twenty days after the ground for such forfeiture or
accon did arise.

And he it further enacted hy the authority aforesaid,

[Sect. 6.] That no person or persons, on any pretence or colour
whatsoever, shall or may take in, receive, harbour, entertain, keep or
conceale in his or their dwelling-houses, cellars or warehouses any
quantity or parcel of wines or other liquors, or strong drink belonging
to any licensed person or persons, retailer or retailers, under the penalty
of forfeiture of twenty pounds for every such quantity or parcel of
wines, liquors or strong drink so taken or received, harboured, enter-
tained, kept and concealed as aforesaid.

[1st Sess.] Province Laws.— 1099-1700. 393

And be U further enacted by the aitthority aforesaid^

[Sect. 7.] That when and so often as comprint shall be made to
any of his majesty's justices of the peace within this province by the
said commissioners or other person by them impowred to inspect the
excise, that they suspect Avines, liquors, beer or cyder to be concealed
with intent to defraud his majesty of the dutys laid by this act, in the
houses, cellars, vaults, rooms or other places belonging to any retailer,
and that such retailer refuses to open the doors of such their houses,
vaults, rooms or other places; or upon information given to such justice
of any other person or persons suspected to receive, harbour, entertain,
keep or conceale in his or their dwelling-houses, cellars or ware-houses,
any quantity or parcel of wines, liquors or other strong drink for any
licensed person or retailer; in every such case it shall and may be law-
ful to and for such justice, and he is hereby required to issue out a
warrant to such officer complaining, thereby to enable him, with the
assistance of a constable, in the daytime, to break open the doors of
such houses, cellars, vaults, rooms or other places of any such retailer
where they are denied entrance, and, finding any wines, liquors, beer or
cyder concealed that ought, but yet hath not been entred, and the duty
of excise not paid as this act provides, to seize and secure the same in
order to tryal and condemnation ; or to break open the doors of any
dwelling-houses, cellars or ware-houses of any other person or persons
suspected to conceal and harbour therein any wines, liquors or strong
drink of any licensed person or retailer, and, finding any such wines,
liquors or strong drink there, the person harbouring or concealing the
same shall be liable to the action or suit of the informer for the penalty
of twenty pounds above mentioned : promded^ 7ievertheless^ that if the
information whereupon the dwelling-house, cellars or ware-houses of
any person or persons suspected to harbour or conceal any wines,
liquors or strong drink for any licensed person or retailer shall prove to
be false, the person injured shall recover his full damages and costs
against the informer that obtained such warrant as aforesaid, by action
of trespass.

And be it further enacted and provided^

[Sect. 8.] Any thing hereinbefore contained to the contrary not-
withstanding, that it shall and may be lawful to and for the said com-
missioners for excise to agree with any retailer for his excise for the
whole year in one intire sum, to be paid quarterly, as they in their
discretion shall think fit to agree for, without makeing any entry
thereof, as is before directed ; and that the said commissioners may lett
or ferme the excise, or part thereof, to any person or persons in any
county, town or place within this province, for the best profit and.
advantage of the publick that they can for the yeare ensueing.

[Sect. 9.] And the said commissioners, by themselves or their
laAvful substitute, may sue for and recover in any of his majesty's
courts of record, or before any justice of the peace, where the matter
is not above his cognizeance, any sum or sums of money that shall grow
due for any of the aforesaid dutys of excise, where the party or parties
from whom the same shall be due shall refuse or neglect to pay the
same.

And he it farther enacted by the authority aforesaid^

[Sect. 10.] That there be two fit persons, and no more, nominated
and chosen by this court to be commissioners and collectors of the
said dutj's of excise, and to have the general inspection, care and man-
agement of that oftice, and of whatsover relates thereunto; which com-
missioners shall receive commission for their said oflice from his excel-
lency the governour, with authority to use and exercise the several
powers in this act to them given, and, with the advice of the treasurer

394 Peovince Laws.— 1699-1700. [Chap. 16.]

for the time being of this his majesty's province, to nominate, appoint,
imploy and impower such and so many officers under them as they shall
think necessary for the well ordering and managing the affairs relating
to the said office, and the better to prevent frauds, and to grant them
warrants for executing the same.

[Sect. 11.] And the said commissioners and all other officers imder
them, before their entring upon the execution of their respective offices,
shall be sworne to deale truely and faitlifully therein.

[Sect. 12.] And the said commissioners shall also keep fair books
of all entrys and dutys arising by virtue of this act, which shall lye
oj^en at all seasonable times to the view and perusal of the treasurer
and receiver-general of this province, with whom they shall likewise
accompt for all collections and payments, and pay in all such moneys as
shall be in their hands unto said treasurer, as he shall demand it.

[Sect. 13.] And the said commissioners, for their labour, care and
expences in the said office, shall have and receive such sum and sums
as the general assembly shall think fit to allow them. All other officers
imployed under the said commissioners to be paid for their service as
they with the treasurer shall agree, on reasonable temies. And if the
said commissioners shall lett or ferme the said excise, or any part
thereof, to any pei-son or persons, such person and persons, and the
officers which shall be imployed under him or them, shall have, use and
exercise all such powers and authorities as in and by this act or any
clause therein is given, granted or committed unto the commissioners
to be appointed as aforesaid and their underofficers for the better
collecting said excise, and preventing frauds.

And be it further enacted by the authority aforesaid,

[Sect. 14.'] That all penalties and forfeitures accrueing or arising
by virtue of this act, or any clause or article therein contained, shall be
one halfe to his majesty for the uses and intents to which the afore-
mentioned dutys of excise are granted, and the other halfe to him or
them that shall seize, informe and sue for the same by action, bill,
plaint or information in any of his majesty's 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 halfe belonging to the
informer : pj'ovided that 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-nine, and no longer.
[I^assed July 14 ; published Jidy 18.

CHAPTER 16.

AN ACT FOR APPLYING THE SUM OF ONE THOUSAND POUNDS, PART OF
THE TAX UPON POLLS AND ESTATES GRANTED TO HIS MAJESTY BY
THIS COURT UNTO THE USE OF HIS EXCELLENCY RICHARD, EARLE OF
BELLOMONT.

"Whereas, by an act made and passed at this present session of the
great and general court or assembly of this his majesty's province of
1G99-1700, cii. 14. the Massachusetts Bay in New England in America, entituled "An Act
for granting unto his majesty a tax upon polls and estates," there is
given and granted unto his most excellent majesty, to and for the ends
and uses in the said act particularly enumerated and expressed, and to
such other use and uses as shall be limited and appointed by this coiirt,
a tax of three thousand seventy-nine pounds ten shillings, to be levied

[1st Sess.] Province Laws.— 1699-1700. 395

upon polls and estates, both real and personal, within this province, in
manner and proportion as in and by the said act is directed and set
forth ; —

Wee, therefore, the representatives of the said province, having fully-
agreed and resolved to make a present of one thousand pounds unto
his Excellency, Richard, Earle of Bellomont, his majesty's captain-gen-
eral and governour in chief in and over the same province, do pray that
it may be enacted, —

And be it accordingly enacted by the Governour, Council and Repre-
sentatives in General Court assembled, and by the authority of the same^

That one thousand pounds, part of the said simi of three thousand
seventy-nine pounds ten shillings, be and hereby is specially appropri-
ated and applied to the sole and proper use of the said Richard, Earle
of Bellomont. [Passed July 14.

396 Pbovince Laws.— 1699-lTOO. [Chap. 17.]

ACTS

Passed at the Session begun and held at Boston

ON THE Thirteenth day of March,

A.D. 1699-1700.

CHAPTEE 17.

AN ACT FOR PUTTING THE MILITIA OF THIS PROVINCE INTO A READI-
NESS FOR DEFENCE OF THE SAME.

Whereas, by the law of this province, it is ah-eady provided that, in
case of alarms made either from a seaport town, or other town lying
frontier to or in danger of an enemy, the captain or captains of the
adjacent towns shall forthwith go or send such relief as they shall
judge meet for the offence of the enemy and defence of themselves,
&c., but, forasmuch as the case may be such and so suddain as it may
be necessary to call together, arm, array and put into a posture for war
the whole militia and forces of one or more regiments, for the defence
of the province and his majesty's subjects therein, in case of invasion
or near api^roach of an enemy before the notices thereof can reach the
caj)tain-general or commander-in-chief, to have directions or orders
from him for the same, —

Be it therefore enacted and declared hy His Excellency the Governour^
by and xoith the advice and consent of the Council and JRepresentatives
in General Court assembled, and by the authority of the same.
Military com- [Sect. 1.] That all pcrsons commissioned by the captain-general or
wnpowei^d by^ commander-in-cliief of this province for the time being to bear office in
force of arms to any military company or troop within the same, be and hereby are
hostue enter-^ impowred and authorized by virtue of such commission, when and as
P"se. occasion shaU require, in the cases and to the intents and purposes

abovesaid, to arm, array and weapon the company or troop respectively
under their command, or part of them, and by force of arms to encoun-
ter, repel, pursue, kill and destroy any that shall apjDear in hostile man-
ner to attempt or enterprize the destruction, invasion, detriment or
annoyance of any of his majesty's subjects, forts, gan-isons, towns or
j)lantations Avithin this province; and that such officer or officers so
taking to arms shall forthwith dispatch notice to his or their superiour
officer of his or their motion and the occasion thereof, and observe such
commands and orders as he or they shall receive from him.
And be it further enacted by the authority aforesaid,
Colonel or chief [Sect. 2.] That the colouel or chief officer of each regiment be,
r^^merft'^hfs ^^^^ hereby is impowred and authorized, as occasion shall require, in
power : ' any of the cases and to the intents before mentioned, from time to time

to assemble in martial an-ay and put into warlike jDOSture the whole
militia of the regiment under his command, or such part of them as he
shall think needful, upon any alarm, invasion, or notice of the appear-
ance of an enemy by sea or land ; and the regiment, companys or
troops so armed, arrayed and put into warlike posture, or part of them,

[2d Sess.] Province Laws.— 1699-1700. 397

to lead, conduct and iniploy, or to appoint some other fit person, by
writing under his hand, to lead, conduct and imi)loy them, as well
within the regiment and county whereto they belong, as into any other
adjacent county or j^lace within this province, for the assisting, suc-
couring and relieving any of his majesty's subjects, forts, garrisons,
towns or places that shall be assaulted by an enemy, or in danger
thereof, and with such party, companies or troops by force of amis to
encounter, repel, pursue, kill and destroy such enemy or any of them,
by all fitting ways, enterprizes and means whatsoever. And the —to post away
colonel or chief of such regiment so taking to arms, or sending forth catHaiu-gen-*"
any party of men, shall forthwith post away the intelligence and erai, &c.
occasion thereof unto the captain-general or the commander-in-chief
for the time being, and shall attend and observe such directions and
orders as he shall receive from him. And in case it happen the colonel The like power
or chief ofiicer of any regiment be out of the limits or precincts of the le^t^commis-
regiment for which he is or shall be commissioned, at the time of any sion officer in

.^.,,, jy ^ • _f case of the ab-

mvasion, attack or appearance ot an enemy, or alarm given Irom any senceofthe
of the neighbouring towns or regiments, the next commission officer c'"ef officer,
then within the regiment shall have, use and exercise the same powers
and authorities hereinbefore granted, until the return of the colonel or
other suj^eriour ofiicer. And such officer so acting shall post away the
intelligence thereof, with the occasion for the same as aforesaid, unto
the captain-general, or the commander-in-chief for the time being, and
shall attend and observe such directions and orders as he shall receive
from the captain-general or commander-in-chief therein.

And for the better preventing of false alarms by disorderly shooting
off" guns in the night, —

£e it further enacted hy the authority aforesaid,

[Sect. 3.] That no person or persons whatsoever in any town or Penalty for
garrison shall, during the time of war, or of keeping a military watch aftei*suns°eTfnd
in such town or garrison, presume to discharge or shoot off" any gun or before sun-
guns after the sun's setting, or before the sun's rising, unless in case of "^^"^s*
alarm, approach of an enemy, or other necessary defence, on pain that
every person so offending, and being thereof convicted before one or
more of his majesty's justices of the peace, shall forfeit and pay the
sum of twenty shillings for each gun so discharged, one moiety thereof
to and for the use of the poor of the town where the offence shall be
committed, and the other moiety to him or them that shall inform or
prosecute for the same. And if such offender shall not have Avherewith
to answer the said fine, or shall refuse or neglect to i)ay the same, then
he shall be set in the stocks not exceeding two hours' time. And in
case any person so offending be belonging to any garrison or forces in
actual service, and borne in his majesty's pay, he shall be punished at
the discretion of a court-martial, or the commission officers of the gar-
rison, company or troop whereto he belongs, by putting into the
bilbo's, laying neck and heels, or riding of the wooden horse. \_JPassed
March 15 ; signed hy the Governor March 16 ; published March 23,
1699-1700.

CHAPTER 18.

AN ACT FOR SENDING OF SUCCOURS AND ASSISTANCE TO THE NEIGH-
BOURING PROVINCES AND COLONIES AGAINST HIS MAJESTIE'S ENEMIES.

FoEASMUCH as there may be occasion for the raising and sending of
succours and assistance to the neighbouring provinces and colonies for
the defence of his majestie's subjects and interests, —

398 Province Laws.— 1699-1700. [Chap. 19.]

Se it enacted and declared hy His Excellency the Governour, Council
and Representatives in General Court assembled^ and hy the authority
of the same,

That in the vacancy of the general assembly it shall be in the power
of the captain-general or commander-in-chief for the time being, by and
with the advice and consent of the council, to transport such part of
the militia of this province as they shall find needful, or oblige them to
march into any of the neighbouring provinces or colonies at any time
or times as there shall be occasion mitil the end of the session of the
general assembly to meet and sit in May, wdiich will be in the year of
our Lord one thousand seven hundred and one, and not afterwards.
\^jPassed March 15; signed by the Governor March 16; published
March 23, 1699-1700.

CHAPTER 19.

AN ACT FOR LEVYING SOULDIERS.

Foe the more speedy and effectual levying of souldiers for Ms majes-
tie's service, when and so often as there shall be occasion of the same for
the preservation and defence of his majesty's subjects and interests, and
the prosecuting, encountring, repelUng or subduing such as shall at any
time attempt in hostile manner to enterprize the destruction, invasion,
detriment or annoyance of this his majesty's province, or any of his
majesty's subjects therein ; and for the better preventing disappoint-
ments through default of any imployed in levying of such souldiers, or
by the non-appearance of such as shall be so levied, —

-Se it enacted by His Excellency the Governour, Council and Bepre-
sentatives in General Court assembled, and by the authority of the same.
Chief officer of [Sect. 1.] That when and so often as the chief officer of any regi-
up'c^l'mdvrs re- Hicnt of militia within this province shall receive orders from the
ceived, to grant captain-gcncral or commander-in-chief for the time being of the said
wfthibr Uie to- province, for the detaching and impressing, or causing to be detached
pressing of r^^d impressed, for his majesty's service, out of the regiment under his
command, so many souldiers as in such orders shall be mentioned,
such chief officer of the regiment shall forthwith thereupon issue forth
his warrants to the captains or chief officers of the companies or troops
within his regiment, or such of them as he shall think fit, requiring
them respectively to detach and impress, out of the militia in the com-
panies or troops under their command, so many able souldiers, furnished
and provided as the law directs, as in the whole shall make up the num-
ber which, by the orders of the captain-general or commander-in-chief,
Penalty for he shall be directed to detach and impress, on pain that every chief offi-
^^^ ^^ ' cer of a regiment that shall neglect or not do his utmost to send forth

his said warrants seasonably (having orders for the same as above mcn-
Captainsof tioned), shall forfeit and pay a fine of twenty pounds. And every cap-
haTI'tomany ^^^^^ ^^' other chicf officer of any company or troop that shall receive
soldiers in read- any wari'ant from the chief officer of the regiment whereto such com-
sbaH be re- pany or troop belongs, for the impressing, out of the same, any souldier
quired. q^ souldicrs for his majesty's service, shall thereupon use his utmost

endeavour to detach or impress, or cause to be detached or impressed
so many souldiers as by such warrant he shall be required, and to have
them at the place of randcvouz in time, as therein shall be mentioned,
Penalty for on pain that every captain or chief officer of any company or troop that
neglect. ^-^^^^^ ncglcct or uot do his utmost to comply with and perform any war-

rant, to be by him received as aforesaid from the chief officer of the
regiment, shall, for such his neglect and default, pay a fine of ten

[2d Sess.] Peovince Laws.— 1699-1700. 399

pounds. And every officer or souldier that shall receive a warrant from Persons cm-
his captain or the chief officer of the company or troop in which he is press, theirpen-
inlisted for the detaching or impx-essing of men, shall forthwith attend ^^^^ ^o*" "<'g-
and perform the same, on j^ain of paying a fine of five pounds ; and all
persons are required to be aiding and assisting to him in the execution no"assistiiig
of such warrant, on pain of forfeiting the sum of forty shillings. And them,
if any person authorized as aforesaid to impress any souldier or souldiers no reward to
for his majesty's service, shall exact or take any reward to discharge or gparing^ofauy
spare any from said service, he shall forfeit ten times so much as he
shall so exact or take. All which fines and penalties aforesaid shall be howTob'e re-
one moiety thereof unto his majesty for and towards the support of the covered,
government of this province, and the other moiety to him or them that
shall inform and sue for the same by action, bill, plaint or information
in any court of record.

And be it further enacted hy the authority aforesaid^

[Sect. 2.] That every person liable and fit for service, being orderly Penalty for
imiDressed as aforesaid for his majesty's service, by being commanded in pressed n^iect-
his majesty's name to attend said service, shall, by himself or other meet ing to appear,
person in his room (to the acceptance of his captain or chief officer),
attend the same at time and place api^ointed, on pain of suffering six
months' imprisonment without bail or mainprize, to be committed by
mittimus from any justice of the peace, or chief officer of the company
or troop, where no justice of the peace is in the town, upon conviction
of such neglect, unless such person, within the space of two hours next
after his being impressed, shall pay to his caj^tain or chief officer by
whose warrant he shall be impressed, the sum of ten pounds, to be im-
ployed for the procuring and fitting out of a suitable pei'son, in the stead
of him so paying the said sum, for the service for which he was im-
pressed, if such other suitable person be timely to be had ; otherwise to
the use of the company or troop whereto such person belongs, for and
towards the support of the necessary charges arising within the same,
at the discretion of the commission officers. And if the captain or offi-
cer to whom the said sum of ten pounds shall be paid as aforesaid by
any person impressed, cannot seasonably procure another suitable pei-son
to serve in the stead of him so paying the said fine, such captain or
chief officer shall in such case foi'tliwith make out a new warrant for
impressing another souldier instead of him that was before impressed,
and shall renew his warrants as often as there shall be occasion, until
the number sent for from him be compleated. And all persons paying
the said sum of ten pounds as before mentioned shall be esteemed as
persons that have served, and be no further or otherwise liable to any
after impress than those that actually go forth in service at the same
time.

[Sect. 3.] And all persons lawfully impowred to unpress, may pur- persons em-
sue any person that hides from the press, or makes his escape, and may ^°eirthe^r ""
by himself or deputy, impress such person in any place within the prov- power to pur-
ince. And if any person impressed for his majesty's service, being so *"®"
duly returned, shall remove or go out of the province, and not attend so^ns^ifat re^*^*^
the service as required, such person at his return shall be apprehended po\<' '"^ft^'" ^^:

1 r- ^ • • "^ n ^ Till- • . . -I ^ ing impressed.

by warrant from any justice of the peace, and be by him committed to
prison, unless such person give sufficient security to answer it at the
next general sessions of the peace, and upon due conviction of the said
oflence, by the oath of him that imprest him, shall sufler three months'
imprisonment, and before he be released shall also pay a fine of ten
pounds to the use of the company or troop whereto he belonged at the
time of his impress; and if any person, directly or indirectly, by counsel
or otherAvise, shall prevent the impressing, conceal any person impressed,
or knowingly further his escape, such person shall pay as a fine forty
shillings.

400

Province Laws.— 1699^1700.

[Chap. 20.]

Time of sol-
dier's pay.

Penalty for dis-

Pensions.

And be it further enacted by the authority aforesaid,
[Sect. 4.] That all souldiers shall be in pay from the time of their
being impressed or detached till they be orderly discharged, and have
reasonable time allowed them to repair to their usual places of abode.
[Sect. 5.] And if any captain or other chief officer shall dismiss
"idYe^J-^and^as- ^^^J souldier retained in his majestie's service, and assume another, for
euming another gain, such captain or other chief officer shall forfeit the sum of twenty
pounds, to be recovered and disposed of in manner as is before pro-
vided, for the fine or penalty on officers neglecting to execute warrants
for impressing of souldiers.

And be it further enacted by the authority aforesaid,
[Sect. 6.] That all such souldiers and seamen that have been
wounded in his majestie's service within this province, and are thereby
maimed or otherwise disabled, and had yearly pensions heretofore allowed
them, shall have the continuance of the same during their abode in this
l^rovince, to be paid them out of the publick treasury. And all such
souldiers and seamen as at any time hereafter shall be maimed or
otherwise disabled by any wound to be received in his majesty's ser-
vice within this province, shall be relieved out of the publick treasury,
as the great and general court or assembly shall order.

[Sect. 7.] And if any souldier shall lose his arms in his majesty's
service, not through his own neglect or default, such loss shall be
borne by the publick ; and in case any souldier be furnished with arms
for any expedition in said service, he shall allow out of his wages four-
pence per week for the same, and return such arms, or otherwise pay
the value thereof: jwrowid'ec?, that this act shall continue in force unto
the end of the sessions of the general assembly, to be begun and held
on the last Wednesday in May, which will be in the year of our Lord
one thousand seven hundred and one, and no longer. [^Passed March
16; published March 23, 1699-1700.

Loss of arms.

CHAPTER 20.

AN ACT AGAINST DESERTERS.

Penalty for
deserting his
majesty's ser-
vice.

How deserters
shall be tried.

For the better preventing of souldiers' or mariners' departure from
their captains or commanders without leave, or deserting his majestie's
service, —

Be it enacted and declared by Sis Excellency the Oovernour, by and
with the advice and consent of the Council and Representatives in Gen-
eral Court assembled, and by the authority of the same,

[Sect. 1.] That no souldier or mariner retained in his majestie's
service, and borne in his majestie's pay, in garrison or elsewhere, by sea
or land, shall depart without licence of his commander, and desert his
majestie's service, on pain of being proceeded against as a felon, and
shall suffiir the pains of death, or some other grievous punishment at
the discretion of the court before whom the tryal shall be.

[Sect. 2.] And every justice of the peace within his precinct is
hereby authorized and required to cause all such deserters or runaway
souldiers or mariners which he shall know or be informed of, to be
apprehended and secured in order to a tryal at the next assizes to be
holden for the same county where they shall be taken, or at a couil of
oyer and terminer by commissioners to be specially appointed and
impowred for that pui-pose. \_Passed March 22 ; published March 23,
1699-1700.

[2d Sess.] Province Laws.— 1699^1700. 401

CHAPTER 21.

AN ACT FOR PUNISHING OF OFFICERS OR SOULDIERS WHO SHALL MU-
TINY OR DESERT HIS MAJESTIE'S SERVICE.

"Whereas the raising and levying of forces is necessary in time of
actual war, or common danger by insurrection or rebellion, for the
safety and defence of this province, and of his majesty's subjects and
interests therein, and in the neighbouring provinces or colonies; and
tchereas, no man may be forejudged of life or limb, or subjected to any
kind of punishment by martial "law, or in any other manner than by
the judgment of his peers, and according to the known and estabhshed
laws of the province, yet, nevertheless, It being requisite for retaining
such forces, as shall be raised for his majesty's service on occasion as
before mentioned, in their duty, that an exact disciphne be observed,
and that souldiers who shall mutiny or stir up sedition, or shall desert
his majesty's service, be brought to a more exemplary and speedy pun-
ishment than the usual forms of law will allow, —

J3e it therefore enacted by His Excellency the Gotiernour^ by and
tcith the advice and consent of the Council and Rejyresentatives in Gen-
eral Court assembled, and it ts: declared by the authority of the same,

PSbct. 1.1 That every person that shall be in his maiestie's service. Officers or sol-
being mustered and in pay as an officer or souldier, who shall at any tune or joining in"
during the continuance of this act excite, cause or joyn in any mutiny or ^^^^^111^1^^}'
sedition in the army, fortress or garrison whereto such officer or souldier ing the service,
belongs, or shall desert his majesty's service in the army, fortress or gar- \^\Z^\^ ^*^ p""
rison, shall suffiar death, or such other punishment as by a court-martial
shall be inflicted.

And it is hereby further enacted and declared,

[Sect. 2.] That the captain-general or commander-in-chief of this Captam-gen-
province for the time being, may, by virtue of this act, and during the mancier-in^
continuance thereof, have full power and authority, by and with the *'^^'^'*. "*^ *''*^

T . 1 i» 1 •! .•':•' - , province,

advice and consent oi the council, to grant commission to any colonel witii the Con-
or other field. officer in his majesty's service, and under pay, from time coundi^to
to time, to call and assemble courts-martial, for punishing such ofiences g""" "^ commis-

f. • T ' i o gjQij (yp courts-

as aforesaid. martial.

And it is hereby further enacted and declared,

[Sect. 3.] That no court-martial which shall have power to inflict Constitution of
any punishment by virtue of this act for any of the ofiences aforesaid, *"'' ' *'°"'^''
shall consist of fewer than eleven, whereof none to be under the degree
of a commission officer, and the president of such court-martial not to
be under the degree of a field-officer, or the then commander-in-chief
of the forces under pay, where the oftender is to be tryed ; and that Power to swear
such court-martial shall have power and authority to administer ;\\\ ^^■**"'^*''*^*-
oath to any witness in order to the examination or tryal of the ofiences
aforesaid : provided, ahcays, that nothing in this act contained shall Ordinary pro-
extend or be construed to exempt any officer or souldier whatsoever extwptt'tr
from the ordinary process of law.

Provided, also, that this act shall continue and be in force until the Time of the
first day of July, in the year of our Lord one thousand seven hundred this' act "*^*^^ "*^
and one, and no longer : provided ahcays, arid, —

£e it enacted,

[Sect. 4.] That in all tryals of offi3nders by courts-martial to be Officers on trials
held by virtue of this act, where the ofience may be punished by death, nfartVarto'bc
every officer present at such tryal, before any proceeding be had there- sworn,
upon, shall take an oath before the court; and a justice of peace, if any
such be there present, otherwise the president of such court, being
first sworn by two of the members thereof, shall administer the oath
unto the others. And the president of such court and any two other

402

Province Laws.— 1699-1700.

[Chap. 22.]

Form of the
oath.

No sentence of
death to pass
on offenders un-
less nine of
eleven agree.

No sentence of
death to be exe-
cuted until the
captain-gen-
eral, &c., give
directions
therein.

members thereof are hereby respectively authorized to administer the
same in these words ; that is to say, —

You shall well and truely try and determin according to your evidence the mat-
ter now before you between our soveraign lord the king and the prisoner to be
tryed. So help you God.

[Sect. 5.] And no sentence of death shall be given against any
offender in such case by any court-martial, unless nine of the eleven offi-
cers present shall concur therein ; and if there be a greater number of
officers present, then the judgment shall pass by the concurrence of the
greater part of them so sworn, which major part shall not be less than
nine, and not otherwise ; nor shall any sentance of death, passed by
any court-martial upon any offender, be put in execution until report
be made of the whole matter by the president of such court unto the
captain-general or commander-in-chief of this province for the time
being, in order to receive his directions therein ; and the prisoner shall
be kept in safe custody in the mean time. And the provost marshal
shall have a warrant signed by the president of the court to cause exe-
cution to be done according to sentance before the same be executed.
[I^assed March 20 ; published Ilarch 23, 1699-1700.

CHAPTER 22.

Frontier towns,
&c. ;

— not to be bro-
ken up or de-
serted without
leave.

•Penalty on par-
ticular persons
that shall de-
sert.

Forfeiture, how
to be emploved.

AN ACT TO PREVENT THE DESERTING OF THE FRONTIERS OF THIS

PROVINCE.

Forasmuch as the maintaining and defending of the frontiers in time
of war is of very great import, and in regard it would greatly prejudice
his majesty's interest and encourage an enemy if any of the outjDOsts
should be quitted or exposed by lessening the strength thereof, —

He it there/ore enacted by His Excellency the Governour^ by and with
the advice and consent of the Council and Hepresentatives in General
Court assembled, and by the authority of the same,

[Sect. 1.] That no town or j^recinct being a frontier of this prov-
ince, which the towns hereafter named are to be accounted ; that is to
say. Wells, York, Kittery, Aimsbury, Haverhill, Dunstable, Chelmsford,
Groton, Lancaster, Marlborough, Brookfield, Deerfield, Mendon and
Woodstock ; nor any of the towns following ; to wit, Salisbury,
Andover, Billerica, Hatfield, Hadley, Westfielcl and Northampton,
(which though they be not frontiers as those towns first named, yet lye
more open than many others to an attack of an enemy), shall be broken
up or voluntarily deserted without application first made by the inhab-
itants and allowance had and obtained from the governour or com-
mander-in-chief and council, for their drawing off, if it appear to them
that it may be of publick advantage, or that the place is not tenable.
Nor shall any inhabitant of the frontier and other towns or precincts
before named, or of any of them, having an estate of freehold in lands
or tenements within the same at the time of any insurrection or break-
ing forth of any Avar, remove from thence with intent to sojourn or in-
habit elsewhere without special licence first had and obtained as afore-
said, on pain of forfeiting all his estate in lands and tenements lying
within the bounds or limits of such town or precinct, unto his majesty,
to be disjiosed by grant of the general assembly, and the produce thereof
to be imployed towards the defence of such town or precinct and sup-
port of the garrisons within the same, and not otherwise. And the
selectmen or major part of them together with the chief military officer
of such town or precinct are hereby enjoyned and ordered to give notice
by certificate in writing under their hands into the clerk's office of the

[2d Sess.] Province Laws.— 1699-1700. 403

superiour court of judicature, of the removal of any such person or per-
sons as aforesaid, and the clerk on receipt thereof shall issue out a scire
facias, requiring the person or persons so removing to appear at the
next superiour court of judicature to sit within the same county, to shew
cause if any thei'e be why judgment should not be entred for the for-
feiture of his lands and tenements as by this act is before directed.
And in case any person, being lawfully summoned fifteen days before ^°^g'^^e"'Qy'g'jg^
the day of the court's sitting, and return thereof made by the ofticer,
shall make default of appearance, by himself or attoui-ney, at the court
where such writ is returnable, his default shall be recorded and another
scire facias be issued out for his appearance at the next court ; and if
such person, being duly summoned, and return thereof made as afore-
said a second time do not then appear, or if he appear either at the first
or second summons and shall not produce a licence from the governour
and council for his removal, judgment shall be entred for the forfeiture
of such lands or tenements, notwithstanding any real or pretended sale
or conveyance thereof, or any part thereof, made between the breaking
out of a war, insurrection or rebellion, and such judgment entred up.

And be it further enacted by the authority aforesaid^

[Sect. 2.] That no male person of sixteen years of age or upwards, Penalty on per-
that shall be an inhabitant of or belonging to any of the [^said] towns thathave*no°^
or precincts hereinbefore named, at the time of any insurrection or estate m lands,
breaking forth of any war as aforesaid, and not have any lands or tene-
ments in such town or precinct, shall presume to remove from the same
to sojourn or remain elsewhere during the time of such insurrection or
war, without special licence first had and obtained as aforesaid, on pain
of foifeiting unto his majesty the sum of ten pounds towards support
and defence of said town or precinct from whence he shall so remove,
and the garrisons within the same, upon conviction of such removal at
the court of general sessions of the peace in the county where such town
or precinct lyes ; and the selectmen or major part of them, with the Forfeiture, how-
chief military officer of any town or precinct from which any such per- and rerovered.
son shall remove without licence as aforesaid, are hereby ordered and
enjoyned to send a certificate in writing, under their hands, of the re-
moval of such pei'son, and time when, unto some of his majesty's jus-
tices of the peace in the county where they shall be informed such per-
son may be found. And every justice of the peace unto whom such Justices of the
certificate or complaint shall be brought is hereby impowred and hend persons
required to grant a warrant for the apprehending of such person, if he ^^ removed,
may be found within his precinct, and conventing of him before himself
or some other of his majesty's justices, who shall require sufficient secu-
rity for such person's appearance to answer for the same at the next
general sessions of the peace to be holden for the same county from
whence he did so remove, and transmit the recognizance taken for such
person's appearance, accordingly, unto the court. And in case the ]3arty
can find no such security, then such justice before whom he shall be
convented shall cause him to be conveyed at his own charge from con-
stable to constable, and carried before one of his majesty's justices
within the county from Avhence he removed, who is impowred and re-
quired to commit such offender unto the common goal of the county
unless he can find security as aforesaid. And if such person be con-
victed of the said offi3nce, and be ordered by the court to pay the fine
or forfeiture aforesaid, and shall neglect or be unable to pay the same,
he shall be imployed in service for the benefit of said toAvn or precinct,
is the selectmen shall direct, until by his service he shall have fully
answered and satisfied the said forfeiture : 2^^'ovided, this act shall con-
tinue and be in force until the end of the session of the general assem-
oly to begin and be held in May, in the year of our Lord one thousand,
seven hundred and one, and no longer. [^Passed March 22 ; published
March 23, 1699-1700.

404 Province Laws.— 1699-1700. [Chaps. 23, 24.]

CHAPTER 23.

AN ACT TO REPEAL ONE PART OF AN ACT PASSED BY THE GREAT AND
GENERAL COURT OR ASSEMBLY, BEGUN AND HELD AT BOSTON THE
TWENTY-FIFTH DAY OF MAY, 1698, ENTITULED "AN ACT FOR THE ES-
TABLISHING OF PRECEDENTS AND FORMS OF WRITTS AND PROCESSES
IN CIVIL CAUSES," AND FOR MAKING OTHER PROVISION INSTEAD
THEREOF.

1698, ch. 5, § 4, Whereas, in and by the aforesaid act (amongst other things), it was
enacted " that where any execution shall be retiimed satisfied in part
only, the officer who granted the same may, ex officio, renew or make
out an alias execution for the remainder, j^rovided 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,"
which said clause or part of the act aforesaid being found by experience
to be inconvenient and prejudicial in many resjiects, —

JBe it enacted and ordained by His Excellency the Govemour, Council
and Representatives in General Court assembled, and by the authority
of the same,

[Sect. 1.] That the aforesaid clause or part of the said act, and
every article, matter and thing therein contained, shall and is hereby
repealed, determined, made void, and of none effect and force, as if the
same had never been made.

And that there may be no delay or failure of justice in any kind
within this province, —

JBe it further enacted and declared by the authority aforesaid,

[Sect. 2.] That where any execution is or shall be returned, that
neither the goods, estate or person of the defendant in such execution
named can be found, or that the said execution is satisfied only in part,
the officer from time to time, within the space of twelve months next
after return thereof made into the office, may, ex officio, renew or make
out an alias ox pluries execution for the whole, or the remainder, as the
case may be, until the judgment be fully satisfied, without a scire
facias being sued forth upon the judgment recovered ; any law, custom
or usage to the contrary in any wise notwithstanding. \^Passed
March 22 ; published March 23, 1699-1700.

CHAPTER 24.

AN" ACT IN ADDITION TO THE ACT FOR BUILDING WITH STONE OR
BRICK IN THE TOWN OF BOSTON, AND PREVENTING FIRE.

FoRASMTTCH as, notwithstanding the good and wholesome provision
1692-3, chap. 13. made and establish't by the said act, entituled " An Act for building
with stone or brick in the town of Boston, and preventing fire," j^ast
in the fourth year of the reign of his present majesty, and of the late
Queen Mary, his royal consort, of happy memory, divers persons, the
penalty in said act not regarding, have been so hardy as to erect and
build houses, tenements and edifices of timber, contrary to the express
prohibition, true intent and meaning of the said law ; and forasmuch as
the demolishing of such houses and buildings (being now finished), and
proceeding according to the directions of the said law, would probably
be thought over great severity, yet that such bold and open contempt
may not pass wholly unpunished, and to the intent that others may be
deterred from doing the like for future, —

[2d Sess.] Province Laws.— 1699-1700. 405

]3e it enacted by Uls Excellency the Governour, Council and Repre-
sentatives in General Court assembled., and by the authority of the same,

[Sect, 1.] Tliat the court of general sessions of the peace within Penalty on
the county of Suifolk be and is hereby impowred and required to take built witirifm-
effectual order for the enquiring after and conventiug before them, all ber contrary to
jDersons that have so transgressed as aforesaid, in having presumed to ^^'
erect, or that have caused to be erected and set up within the town of
Boston aforesaid, any house, edifice or building of timber, or of brick or
stone, and not covered the same with slate or tyle, contrary to the afore-
recited act, and the true intent and meaning thereof, not having had
and obtained licence from the governour and council for his or their
so doing, or that have not observed and performed the terms or condi-
tion of such licence ; and upon due conviction of any such oflence, to
fine every such person and persons, at the discretion of said court,
according to the circumstances aggravating the ofience, with respect to
the place where such house or building is erected, or otherwise, not
exceeding the sum of fifty pounds for one offence, which shall excuse
them from any further penalty of the law, all such fines to be applied Fines, how to
towards the raising of a stock for the setting of the poor on work
Avithin the said town, at the workhouse for that purpose appointed or
to be appointed.

[Sect. 2.] And the grand jury for the said county from time to Grand jury to
time are required diligently to enquire after and to present unto the p'J'lsent such
court all transgressions of the law in that kind, which shall come to transgressions.
their knowledge.

And inasmuch as it may be of no apparent hazai'd unto the said
town, and for the ease and benefit of divers inhabitants and proprietors
within the same, that in some jDarts of the said town of Boston, timber
buildings should be permitted and allowed to be erected, —

Re it enacted by the authority aforesaid,

[Sect. 3.] That the justices of peace, and the selectmen of the said Governor and
town of Boston, or the major part of each, certifying their approbation grant license to
thereof, the governour and council may grant licence for the setting up ^^'^ ^''*'^ *'"""
of tunber houses and buildings with and under such conditions, limita-
tions and restrictions for the enclosing and covering thereof as they
shall think fit, any law, usage or custom to the contrary in any wise
notwithstanding. [Passed and published March 23, 1699-1700.

CHAPTER 25.

AN ACT RELATING TO BILLERICA BRIDGE IN THE COUNTY OF MIDDLESEX.

For issuing of the controversy between the towns of Groton, Billerica
and Chelmsford, and the inliabitants of the farms adjacent arising by
reason of the refusal or neglect of the agents for tlie town of Groton,
aforesaid, to pay the sum set and proportioned on their town for and
towards the erecting and building of the bridge in the said town of Bil-
lerica, in the county of Middlesex, which ougiit in equity to have been
paid, the sum being twenty-four pounds and ten shillings, —

Re it enacted by His Excellency the Governour, Council and Repre-
sentatives in General Court assembled, and by the authority of the same,

Tliat the court of quarter sessions of the peace to be holden at Con-
cord, in the said county of Middlesex, on the second Tuesday of June
next, are hereby ordered and impowred to issue and send forth a war-
rant to the selectmen or assessors of the said town of Groton, requiring
them forthwith to levy and assess the said sum of twenty-four pounds

406 Province Laws.— 1699-1700. [Chap. 26.]

and ten shillings, money, on the inhabitants of their town, according to
law, and with the assessment to deliver a warrant to the constable of
their town, requiring him to collect and gather the same, and said sum
so collected to deliver and pay in xmto Major Thomas H[i/?A.-5][ench]man,
Major Jonathan \_Tinge'][Tyng] and Mr. John Lane, undertakers for the
building of the bridge lately erected in Billerica abovesaid ; and said
constable to pay in the said sum, and issue and settle his account with
the said undertakers at or before the first day of August next. And
Groton shall not be liable to contribute anything further toward the
repair or rebuilding said bridge at any time for the future, unless the
general court or assembly shall order the same. [^Passed and published
March 23, 1699-1700.

CHAPTER 26.

AN ACT DIRECTING HOW RATES OR TAXES TO BE GRANTED BY THE GEN-
ERAL ASSEMBLY SHALL BE ASSESSED AND COLLECTED.

Forasmuch as, for the support of the government of this his majesty's
province of the Massachusetts Bay in New England, and for the safety
and defence of the said province, and defraying of the contingent
charges arising within the same, it is necessary a suitable supply of
money should be from time to time granted by the great and general
court or assembly of the said province ; to the intent, therefore, that
there may be due provision made and established for assessing all such
sum and sums of money as shall be hereafter granted by the great and
general court or assembly of this province, to be levied upon the polls
or estates within the same, or upon both j^olls and estates, for the sup-
port of the government thereof, or any other publick use or uses whereto
the general assembly shall think fit to apply such grant or grants ; as
also that there may be like due provision to enforce the collecting and
paying into the treasury such sum and sums of money so to be granted
as aforesaid according to the true intent of the act or acts granting the
same, —

£e it enacted hy His Excellency the Governotir, Council a7id liejyre-
sentatives in General Court assembled^ and by the authority of the saine^
Assessors to be [Sect. 1.] That in the month of March, annually, at the same time
en ta the wlien town officers are chosen by the respective towns within this prov-

March-*'^ ince according to the direction of the act intituled "An Act for regu-

1692-3, chap. 28. lating of townships, choice of town ofiicers, and setting forth their
power," there may be elected and chosen by the freeholders and other
inhabitants of every town duly qualified to vote in town afifairs, then
present, or the major part of them, three, five, seven or nine meet per-
sons to be assessors of all such rates and taxes as the great and general
court or assembly shall, by any act or acts to be by the same duly made
and passed, order and aj^point such town to pay towards the publick
charges of the province, within or during the space of one year from
—to be sworn, the choice of such assessors ; every of which so chosen shall, within the
space of seven days next after, be sworn before a justice of the peace,
or town clerk in any town where no justice of the peace dwells (who
are hereby respectively impowred thereto), in manner following ; that
is to say, —

Form of as- You, A. B., beinsr chosen an assessor of such rates or taxes as the great and

cckcc<^i>/ci r\ofii . ' ii/>-|* • 1 Till I'l

general court or assembly oi this province have or shall order and appoint the
town of C. to pay into the province treasury during the space of one year next
ensuing, do swear that in assessing or apportioning such rates or taxes you will
proceed equally and indifferently according to your best skill and judgment and
the rules to be prescribed in the act or acts granting the same. So help you God.

Eessor's oath

[2d Sess.] Province Laws.— 1699-1700. 407

[Sect. 2.] And the town clerk, or two of the selectmen of every
town shall forthwith make and give out unto the constable or constables
of the same a list of the names of those that shall be chosen assessors
at any town meeting as aforesaid ; which constable or constables shall
thereupon summon each of the said assessors to appear at a certain
time and place within the space of seven days from the day of their
election, before a justice of the peace, if any dwell in such town, or
otherwise before the town clerk thereof, to take the oath above men-
tioned. And if any such assessor shall neglect to appear accordingly,
or, appearing, shall refuse to take the said oath, he shall forfeit and pay
to the use of the poor of such town the sum of forty shillings, and if in
Boston, five poimds, to be recovered in manner and form as is by law
provided for recovering of lines and forfeitures to the use of the poor.

[Sect. 3.] And the selectmen of every such town where any one or Penalty on as-
more of the assessors so chosen as aforesaid shall refuse to serve as that°shau're^"
aforesaid, shall forthwith, after notice thereof, summon a meeting of the fuse;
freeholders and inhabitants of such town, to choose one or more asses- —a new choice
sor or assessors in the room or rooms of such so refusing ; which free- *° ^^ made,
holders and inhabitants duly qualified to vote, being so assembled, shall
accordingly choose so many assessors as shall be wanting to compleat
the number which the town at the time of their first choice voted and
agreed should be elected for the same: provided, nevertheless, that it Court of gen-
shall be in the power of the court of general sessions of the peace, upon theVeace'em-*'
reasonable excuse made unto them by any assessor or assessors, chosen powered to
for any town or towns in the county for which such court is holden and fh^penaity.
kept, that shall refuse to accept as aforesaid, to abate and remit unto
such assessor or assessors (if they see cause) the forfeiture or penalty
aforesaid. And,

He it further enacted hy the authority aforesaid,

[Sect. 4.] That if any town shall not choose assessors as aforesaid, Selectmen or
or if so many of them so chosen as aforesaid shall refuse to accept, as towns to be as-
that there shall not be such a number of them as any town shall agree ^•^sso'"s> ^^^ ''^se.
to be the assessors thereof, then and in either of the said cases, the
selectmen or trustees of such town shall be and are hereby declared and
appointed the assessors of the same, and every of them shall take the oath
before recited in manner as aforesaid. And each assessor attending that Assessors' ai-
service shall be allowed and paid out of the town treasury two shillings "^'^°'^®-
per diem for each day he is necessarily imployed thereabout. And,

JBe it further enacted by the authority aforesaid,

[Sect. 5.] That if at any time there shall be a default or neglect in Penalty on
any town or precinct to make choice of selectmen or assessors, the said shan nlgtect to
default or neijlect beiner certified and made appear unto the general ciioose seiect-

c xi. -xi • xi J. ^ J. • X menorassess-

sessions oi the peace withm the same county, such town or precinct ors.
shall forfeit and pay the sum of twenty pounds for and towards the
support of the govenimcnt of this province ; and in such case, as also
where neither the selectmen nor assessors chosen by any town shall
accept thereof, the justices of the court of general sessions of the peace Court of gen-
in the same county shall and are hereby impowred to nominate and theVe^aceTo^ *''
appoint three or more sufficient freeholders within such county to be appoint asscss-
assessors of the publick rates or taxes in any such town as aforesaid ; o's, mease.
which assessors so to be appointed by the said court shall take the oath
before recited, and shall then assess the estate and persons of such town
or precinct of which they shall be aj^pointed assessors their due pro-
portion to any publick tax, according to the rules set down in the act
for raising of the same, together with the aforesaid forfeitiire of twenty
pounds where the town makes default, and such additional sum as shall
answer their own reasonable charges for time and expence in said ser-
vice, not exceeding five shillings a man per diem / and having assessed Allowance to.
the same, shall transmit a certificate thereof to the treasurer, with the ^"'^'^'

408

Province Laws.— 1699-1700.

[Chap. 26.]

— to be paid out
of the public
treasury.

Penalty on as-
sessors that
shall neglect
their duty.

Penalty of de-
fective assess-
ors when the
sum to be paid
by any town to
a tax is not
made certain.

Persons over-
rated to be
eased.

names of the constables or collectors to whom they shall commit the
same to be collected ; and snch assessors shall be paid their charges as
abovesaid (the same being adjusted and certified by two or more jus-
tices of the court by whom they were appointed assessors, under their
hands), out of the publick treasury by warrant from the governour,
with the advice and consent of the council. And,

Be it further enacted hy the authority aforesaid,

[Sect. 6.] That all assessors as aforesaid, shall duly attend and
observe all such warrants as during the time of their office they shall
receive from the treasurer and receiver-general of this province, pursu-
ant to any act or acts to be made and passed by the great and general
court or assembly of the same, for the assessing and apportioning any
province rate or tax u2)on the inhabitants or estate within the town
whereof they are assessors, on pain that the assessors of any town or
precinct, failing of their duty by such warrant of the treasurer of them
required, shall forfeit and pay the full sum and sums in such warrant
mentioned to be by them assessed ui^on the inhabitants or estate of the
town or precinct whereof they are assessors, if the said sum and sums
be therein made certain ; which shall be levied by distress and sale of
the estates, real or personal, of such defective assessors by warrant
from the treasurer directed to the sheriff or marshal of the county in
which such town or precinct lyes. And the treasurer is hereby author-
ized and required in such case, ex officio, to issue his warrant requiring
the sheriff or marshal to levy the said sum and suras accordingly, and
for want of estate to take the bodies of such defective assessors, and
to imprison them until they pay the same, which warrant the sheriff or
marshal is hereby impowred and required to execute accordingly.
Provided, nevertheless, and

J3e it further enacted hy the authority aforesaid,

[Sect. 7.] That if the sum to be paid by any town or precinct to
any province rate or tax be not made certain by the general assembly,
then and in such case any assessors failing as aforesaid shall forfeit and
pay a fine not exceeding twenty pounds, at the discretion of the court
of general sessions of the peace in the same county, being thereof con-
victed before said court at the suit or complaint of the treasurer and
receiver-general, or any other on his behalf; and such fine to be itnto
his majesty for and towards the support of the government of this
pi'ovince. And the court before whom such conviction shall be shall
forthwith thereupon apjDoint other meet persons to be assessors of such
rate or tax, according to the directions contained in the treasurer's
warrant issued unto the former assessors ; and the assessors which shall
be then so appointed by said court shall take the oath, and be liable to
the same duty and penalties as the fonner assessors. And,

J3e it further enacted hy the authority aforesaid,

[Sect. 8.] That if any person or persons shall at any time be
agrieved at the sum or sums to be set and apportioned upon him or
them by the assessors of any town or precinct, and shall demonstrate
that he or they are rated more than his or their proportion with others,
according to the rule given \to~\ said assessors, to the sum set upon such
town or precinct by any act or acts of the general assembly, said
assessors shall ease him or them so agrieved ; and if they [^sJiaW] refuse
so to do, such person or persons agrieved, complaining unto the next
general sessions of the peace within that county, and making appear
that he or they are assessed more than his or their pro2:)ortion as afore-
said, shall be heard and relieved by the justices in said sessions, and
shall be reimbursed out of the town treasury so much as the said jus-
tices or assessors respectively shall see cause to abate him or them,
with the charges ; and the court of general sessions of the peace are

[2d Sess.] Province Laws.— 1699-1700. 409

impowred, upon the complaiut of any party grieved, to require the
assessors to produce the lists of their assessment. And,

Be it further enacted hy the authority aforesaid.,

[Sect. 9.] That all county and town rates and assessments shall he Town and
apportioned by the selectmen or assessors of the several towns and beTpportioiied'
precincts within this province, upon the inhabitants and estates within by the same
the same, according to the rule that shall from time to time be ])re- tax^es gramcd
scribed and set by act of the general assembly for the [pro] [c^j>]porticn- ^^"^ ^^''"'^ >*'"'■■
ing and assessing of the publick taxes that shall be granted unto his
majesty in that same year; and such selectmen or assessors shall be
under the like obligation of the oath administred unto them for making
of the publick tax equally and impartially to proportion such county or
town assessments by the same rules. And,

Be it further enacted by the authority c foresaid.,

[Sect. 10.] That the freeholders and inhabitants of any town duly ^°",^p\''/^g^^
qualified to vote in town aifairs may (if they see cause), at the same E"iy 'be chosen
time that they choose assessors, as is before provided, likewise elect and fj'ine Viii'iThe
choose a meet person or persons to be collector or collectors of the assessors.
publick rates or taxes that shall be assessed upon such town, and agree
what sum or sums shall be allowed and paid out of the town stock
unto such collector or collectors for his or their service therein ; but if
such collector or collectors so to be chosen shall refuse to accept that
service, or that none such be chosen, then the constable or constables
of such town shall collect and gather such publick rates or taxes ; and
every collector or constable shall have a Avarrant from the treasurer
and receiver-general, im2)owring him to collect such rates or taxes as
shall be committed to him to collect, and shall pay in the same accord-
ing to the directions in such warrant.

[Sect. 11.] And in case of any constable's or collector's decease Provision in
before his perfecting the collection of any publick assessment committed bte'^orcoHec^'
to him, the assessors of such town shall procure and appoint, at the tor's decease,
town's charge, some other fit person or persons to perfect the same col-
lection, and present his or their names unto the treasurer, who is hereby
authorized and required to enable and impower such person or persons
to collect the same, by granting him or them his warrant. And,

Be it further enacted by the authority aforesaid.,

[Sect. 12.] That the treasurer and receiver-general shall send such Sheriff to dis-
warrants as he shall be from time to time ordered to issue for the assess- Srer's warraiusl
ing or collecting any publick rate or tax, inclosed to the sheriff or mar-
shal of each respective county, who is required immediately to disperse
and transmit the same unto the assessors, constables or collectors of the
several towns and precincts within such county, according to the direc-
tions thereof, and for his service, charge and expence therein, shall have To be paid out
a reasonable allowance ordered him by the justices of the general scs- treasur>°""*^
sions of the jieace in the same county, to be paid out of the county
treasury, upon his laying the account thereof before them. And,

Be it further enacted by the authority aforesaid.,

[Sect. 13.] That if any person or persons shall refuse to pay the ^onecfm- em-
sum or sums whereat they shall be assessed as their proportion to any powered to
publick rate or tax in the list committed to any constable or collector case'^'^i"'.*'^
under the hands of the assessors of such town, or of the major part of
them, upon demand thereof made by the said constable or collector, by
virtue of the warrant to him given, it shall and may be lawful to and
for such constable or collector, and he is hereby authorized and required
in such case to distrain the person or ])ersons so refusing, by his or their
goods or chattels, and the distress or distresses so taken to keep by the
space of four days at the cost and charges of the owner thereof And Distress to be
if the said owner do not jiay the sum and sums of money so assessed ^°'"^ ^^ outcry,
upon him Avithin the said four days, then the said distress or distresses

410

Province Laws.— 1699-1700.

[Chap. 26.]

Persons to be
committed, not
having whereof
to distrain.

Persons remov-
ing from the
place where
they were as-
sessed may be
talicn iu any
other.

Provision in
case of lands
being rated in
any town in
which the own-
er or tenant
thereof does
not dwell.

Provision In
case of persons
being about to
remove before
the time for
payment of the
second part of
any tax.

to be forthwith openly sold at an outcry by the said officer for payment
of the said money (notice of such sale being posted up in some publick
jilace in the same town twenty-four hours beforehand), and the overplus
coming by the said sale, if any be, over and above the charges of taking
and keeping the said distress or distresses, to be immediately restored
to the owner. And if any person or persons assessed as aforesaid shall
refuse or neglect to pay the sum or sums so assessed, by the space of
twelve days after demand thereof, where no sufficient distress can or
may be found whereby the same may be levied, in every such case two
or more of the assessors in such town are hereby authorized by warrant
under their hands and seals to commit such j^erson or jDcrsons to the
common goal, there to be kept without bail or mainprize until payment
shall be made. And,

J5e it further enacted hy the authority aforesaid^

[Sect. 14.] That where any person or persons shall remove from
any town or place wdiere he or they lived, or had his or their residence
at the time of making the lists of any publick tax or assessment, not
having before paid the respective sum or sums set upon him or them by
such lists, it shall and may be lawful to and for the constable or collector
to whom any such tax or assessment shall be committed Avith warrant
to collect, and he is hereby authorized and impowred to demand the
sum or sums assessed upon such person or j^ersons, in what town or
place soever he or they may be found, and ui^on refusal or neglect to
pay the same, to distrain the said person or persons, by his or their
goods or chattels as aforesaid, and for want of such distress to commit
the party to the common goal, there to remain until payment be made.
And,

JBe it further enacted by the authority aforesaid,

[Sect. 15.] That where the owner or tenant of any lands liable to
piiblick taxes shall not reside or be an inhabitant of the town or precinct
in which such lands lye, and no stock, corn or hay can be found upon
the said lands, whereof the constable or collector may make distress to
satisfie such sum or sums as from time to time such lands shall be
assessed at, either to the province, county or toAvn charges, in such case
any justice of the peace in the county where the occupant of any such
lands dwells or resides, upon application to him made by the constable
or collector to Avhom the list wherein such lands shall be assessed shall
be committed, and upon sight of the same, or authentick copy thereof,
may, and hereby is impoAvred and required to grant a warrant unto the
constable of the toAv^n or precinct Avhere such occupant dwells or resides,
to distrain such occupant, by his goods or chattels, the full sum at Avhich
said lands are set in such list of assessment, Avith the charges occasioned
for making such distress, and to satisfy the same by sale thereof, return-
ing the OA'erplus (if any be) to the OAvner; and in case no goods or
chattels can be found Avhereon to distrain, to commit the party to the
common goal of the county, there to remain without bail or mainprize,
until he pay and satisfy the sum or sums so assessed Avith the charges.
And,

j5e it further enacted hy the authority aforesaid,

[Sect. 16.] That Avhcn at any time the general assembly shall order
any publick rate or tax by them granted, to be jiaid into the treasury at
tAvo or more scA^eral times or days of payment, and any person or j^er-
sons being inhabitants or dAvellers in any town or precinct within this
province at the time of making such rate or tax, and being assessed
thereunto, shall be about to remove him or themseh'es from thence be-
fore the time that shall be prefixt for payment of the same, it shall and
may be laAvful in such case to and for the constable or collector of the
same toAvn or precinct to demand and levy the Avhole sum and sums
which such person or persons shall be assessed at iu the list or lists to

[2d Sess.] Province Laws.— 1699-1700. 411

such constable or collector committed, notwithstanding the time for
collecting the second part of such rate or tax may not then be come,
and in default of payment to distrain for the same, or to take any other
way or course for the obtaining thereof, according to the rules and
directions hereinbefore provided. And when and so often as it hap- Constables, to
pens that constables be anew chosen and sworn for any town before the Iiia*iibe com-''
former constables have perfected their collection of any tax or assess- jP'ttcd, toper-
ment to them committed to gather, such former constables are notwith- lectionai-
standing hereby fully impowrcd and required to perfect all such collec- consfabies' b'e
tions, and may exercise the same powers and authorities for the chosen,
gathering and enforcing the payment thereof as by this act they might
have done before other constables were chosen and sworn. And,
JBe it further enacted by the authority aforesaid,

on dc

tax or assessment shall be" committed to collect, shall be remiss and ijies'orcoiiec

tors

[Sect. 17.] That if any constable or collector to whom any publick ft^ctive^consta-

negligent of his duty, in not levying and paying vtnto the treasurer, his
deputy or deputies, such sum and sums of money as from time to time
he shall have received and as ought by him to have been paid within
the respective times set and limited by the treasurer's warrant, accord-
ing to the directions therein, pursuant to law, the treasurer is hereby
impowred after the expiration of the time so set, by warrant under his
hand and seal, directed to the sheriff or marshal, to cause such sum and
sums of money to be levied by distress and sale of such defective con-
stable's or collector's estate, real or personal, returning the overplus (if
any be) ; and for want of such estate to take the bodies of such consta-
bles or collectors, and to imprison them until they pay the same, which
warrant the sheriff or marshal is hereby impowred and required to exe-
cute accordingly. And,

£e it further enacted,

[Sect. 18.] That if any constable or collector so failing as aforesaid. The town or
have no estate to be found whereon to make distress, and his person which any de-
cannot be taken Avithin the space of two months from the time which b1e*ol^con"ctor
was set for his paying the same into the treasury, in such case the town lives, to be an-
or precinct whereof the constable or collector so fails of his duty shall, Ms'^plyment in-
within three months from the expiration of [the] said two months, make totue'trcasury
good to the treasury the sum or sums due and owing to the same from committed to
such defective constable or collector, which the assessors of such town ^"^ ^^ collect,
(having notice from the treasurer of the failure of any constable or col-
lector as aforesaid), shall forthwith thereupon, without any other or fur-
ther warrant, assess upon the inhabitants and estates of such town in
manner as the sum so committed to such defective constable or collector
was assessed, and commit the same to some other constable or collector
to collect, who is to be impowred thereunto by warrant from the treas-
urer : 2'^'^'ovided, cdu-ays, that such constable or collector failing of his
duty as aforesaid, for whose default the town is answerable as before
expressed, shall at all times afterwards be liable to the action or suit of
the treasurer of such town for all such sum and sums as were assessed
upon the same through his default, and for other damages accruing
unto [^/le] said town thereby.

[Sect. 19.] And in case of the decease of any constable or collector ^d^^f^fs^raforg
in any town before his having adjusted the accompts of the assessment of constables "
to him committed, the executors or administrators of such constable or ^ake^im their
collector shall within two months after his decease settle and make up accounts, &g.
accompts with the assessors of the same town, of such part of the said
assessment as was received and collected by the deceased constable or
collector in his life time, with which such executors or administrators
shall be chargeable in like manner as the deceased constable or collector
should be if living; and such assessors shall thereupon procure and
appoint other fit person or persons to perfect such collection as is before

412

Province Laws.— 1699-1700.

[Chap. 26.]

Penalty on de-
fective sheriffs
or marshals.

How real es-
tates levied by
the treasurer's
warrant shall
be disposed of.

Things exempt-
ed from dis-
tress.

provided. And if the executors or administrators of any constable or
collector so deceasing, not having fully collected the assessment com-
mitted to him, shall fail of making up and setling the accompt of what
was received by the deceased as aforesaid before the expiration of the
time aforesaid, such executors or administrators shall be chargeable with
the whole sum committed to be collected by the constable or collector
unto whom they are executors or administrators, in manner as the
deceased constable or collector should be if living, in case there be suffi-
cient assets. And,

Be it further enacted hy the authority aforesaid,

[Sect. 20.] That where any sheriff or marshal shall make default in
accounting for or returning into the treasury the sum and sums men-
tioned in any warrant or warrants of distress by him to be received
from the treasurer, the treasurer in such case is hereby authorized and
impowred to make out his warrant, directed unto the coroner of such
county where any sheriff is defective, or to the constable of the town in
which a defective marshal lives, requiring them respectively to distrain
the same upon the estate real or personal of such defective sheriff or
marshal, as is before herein directed referring to the sheriff or marshal
making distress upon the estate of defective constables or collectors,
which warrant the coroner of any county or constable of any town
to whom the same shall be directed are hereby respectively impowred
and required to execute accordingly. And,

JBe it further enacted hy the authority aforesaid,

[Sect. 21.] That where any sheriff or marshal or any of their depu-
ties shall, by Avarrant from the treasurer, pursuant to this act, distrain
and levy the lands or tenements of any constable or collector, or where
any coroner or constable shall, by warrant as aforesaid, distrain and levy
the lands or tenements of any sheriff or marshal, for their or any of their
defaults in not collecting or not paying into the treasury any sum or
sums of money which ought to be by them collected, levied and paid in
as aforesaid, in every such case the slieriff or marshal, or either of their
deputies, or the coroner or constable executing such warrant or war-
rants of distress, shall cause a due apprizcment to be made of any houses
or lands so levied, by the oaths of two or three sufficient freeholders in
the same county (which oath any justice of the peace is hereby im-
powred to administer) ; and after apprizcment thei-eof so made, is here-
by fully authorized and impowred to make sale of such houses or lands,
and to make, seal, acknowledge and execute good and sufficient deeds
and conveyances for the same, and out of the produce thereof to pay
and satisfy the sum or sums for which such estate shall be levied, with
all charges arising thereon, and to return the overplus upon such sale (if
any be) unto the owner ; and all deeds and conveyances of any such
estate in houses or lands duely executed as aforesaid shall be good and
effectual in the law unto the purchaser and his heirs and assigns forever
to all intents and purposes : provided, always, and

J3e it further enacted by the authority aforesaid,

[Sect. 22.] That in no case whatsoever any distress shall be made
or taken from any person or persons of his or their beasts belonging to
the plough, nor of tools or implements necessary for his or their trade
and occupation, nor of his or their arms or utensils of household neces-
sary for upholding of life, nor of bedding or apparrel necessary for him
or themselves or family ; any law, usage or custom to the contraiy in
any wise notwithstanding : provided, also, that this act shall continue
and be in force until the first day of July, in the year of our Lord one
thousand seven hundred and three, and no longer. \_Passed March 20 ;
published March 23, 1699-1700.

[2d Sess.] Province Laws.— 1699-1700. 413

CHAPTER 27.

AN ACT FOR GRANTING UNTO HIS MAJESTY A TAX UPON POLLS AND

ESTATES.

Wee, his majesty's loyal and dutiful subjects, the representatives of
his majesty's province of the Massachusetts Bay in New England, con-
vened in general court or assembly, having had before us the accorapts
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 grow-
ing charge thereof; for procuring of amies and amunition for the use
of this province ; as also for the subsisting and paying of Avages to
souldiers and seamen, and vessels' hire that have been, are, or shall be
imployed in his majesty's service within this province ; for the paying
of such salaries and allowances as have been or shall be made and
granted 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 answer-
ing of the incident and contingent charges in and about the same, do
unanimously grant unto his most excellent majesty for the ends, uses
and intents beforementioned, and for such other use and uses as shall
be limited by this court, and no other, a tax of three thousand and
seventy-nine pounds ten 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 His Excellency the Governour, Council and Repre-
sentatives in General Court assembled., and by the authority of the same,

[Sect. 1.] That the treasurer do forthwith issue out and send his
warrants, directed to the assessors, selectmen or trustees of each respec-
tive town and precinct within this province, requiring them to assess
and apportion the sum herein set upon such town or precinct to this
present tax on the polls and estates lying and being within the same,
or districts thereof, or next adjoyning thereto, not paying elsewhere, in
manner and according to the rules following ; that is to say, to assess
all male persons of the age of sixteen years and upwards (other than
such who are hereinafter exempted), at the sum of two shillings on the
poll ; and all estates, as well real as personal, in whose hands, tenure or
occupation soever the same is or shall be found, and incomes by any
trade or faculty which any persons do or shall exercise (except as in
and by this act is hereafter excepted), at one penny on the pound ; and
to abate or multiply said sum (if need be) so as to make up, together
with what shall arise upon polls, the sum total hereby set and ordered
for such town or precinct to pay ; and in making their said assessment
to estimate houses and lands at six years' income of the yearly rent
whereat they are or may reasonably be sett or lett for in the places
where they lye, and to estimate Indian, molatto and negro servants
proportionably as other personal estate, according to their sound judge-
ment and discretion ; also to estimate every ox of four years old and
upwards at forty shillings ; every cow of three years old and upwards
at thirty shillings ; every horse above three years old at forty sliillings ;
every swine of a year old or upwards at eight shillings ; and every
sheep a year old and upwards, at four shillings: likewise requiring
the said assessors, selectmen or trustees to make a fair list or lists of
the said assessment, setting forth in distinct columns against each par-
ticular person's name, how much he is assessed at for polls, how much
for houses and lands, and how much for his personal estate and income,

414

Province Laws.— 1699-1700.

[Chap. 27.]

by his trade 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 to each of them respectively comitted, unto himselfe some-
time before the sixteenth day of May next ensueing.

[Sect. 2.] And the treasurer, upon receipt of such certificate, is
hereby impowred and ordered to issue forth his warrants to the collec-
tors, constable or constables of such town, requiring him or them
respectively to collect the sum total of the list or lists to him or them
comitted, and to pay the same into the treasury, and issue the accompts
thereof with himselfe or his successor in said ofiice, at or before the last
day of June next following. And,

Be it farther enacted hy the authority aforesaid^

[Sect. 3.] That each town and precinct within this province shall
be assessed and pay as its proportion to this present tax the sum here-
after following ; that is to say, —

IN THE COUNTY OF SUFFOLK

Boston, five hundred eighty-five pounds,

Roxbury, fifty-two pounds ten shillings,

Dorchester, sixty-seven pounds ten shillings,

Milton, twenty-seven pounds,

Brantrey, forty-eight pounds,

Weymouth, thirty-three pounds

Hingham, fifty-one pounds, .

Dedham, thirty-five pounds five shillings,

Wrentham, nine pounds,

Medfield, thirty pounds,

Mendon, six pounds, ....

Hull, fifteene pounds, ....

£585 Os. Oc?.

52 10 0

67 10 0

27 0 0

48 0 0

33 0 0

51 0 0

35 5 0

9 0 0

30 0 0

6 0 0

15 0 0

IN THE COUNTY OF ESSEX.

Salem, one hundred twenty-three pounds,

Ipswich, one hundred thirty-seven pounds five shillings,

Newberry, ninety-one pounds ten shillings,

Salisbury, twenty-four pounds,

Aimsbury, twelve pounds,

Haverhill, twenty-four pounds,

Andover, thirty pounds,

Bradford, twelve pounds,

Topsfield, twenty-four j^ounds,

Marblehcad, forty-eight pounds,

Lynn, forty-nine pounds ten shillings,

Wenham, twenty-one pounds,

Beverly, thirty-seven pounds ten shillings,

Glocestcr, twenty-seven pounds, .

Manchester, seven joounds ten shillings,

Rowley, thirty-six pounds,

Boxford, eighteene pounds, .

IN THE COUNTY OF MIDDLESEX

Charlestown, eighty-four pounds, .
Cambridge, fifty-seven pounds,
Watertown, eighty-one joounds,
Newton, thirty-three pounds,
Sudbury, thirty-nine pounds,
Marlborough, twenty-seven pounds,
Medford, eleven pounds five shillings,

123 0 0

137 5 0

91 10 0

24 0 0

12 0 0

24 0 0

30 0 0

12 0 0

24 0 0

48 0 0

49 10 0
21 0 0
37 10 0
27 0 0

7 10 0

36 0 0

18 0 0

84 0 0

57 0 0

81 0 0

33 0 0

39 0 0

27 0 0

11 5 0

[2d Sess.]

Province Laws.— 1699-1700.

415

Maulden, twenty-five pounds ten shillings,
Woobourne, forty-five pounds,
Reading, thirty-three pounds,
Bjlrica, sixteen pounds ten shillings,
Chelmsford, twenty-one pounds, .
Concord, forty-three pounds ten shillings
Stow, three pounds,
Groton, twelve pounds, .
Lancaster, six pounds, .
Sherborne, sixteene pounds ten shillings,
Framingham, six pounds,
Dunstable, three pounds.

£25 105. Of?.

45 0 0

33 0 0

16 10 0

21 0 0

43 10 0

3 0 0

12 0 0

6 0 0

16 10 0

6 0 0

3 0 0

IK THE COUNTY OF HAMPSHIRE

Spring-field, thirty-six pounds, . . .

Northampton, thirty-four pounds ten shillings,
Hadley, twenty-four pounds, .
Hatfield, nineteen pounds ten shillings, .
Southfield, seven pounds ten shillings, .
Westfield, twelve pounds fifteen shillings,
Enfield, three pounds, ....
Deerfield, three pounds.

36 0 0

34 10 0

24 0 0

19 10 0

7 10 0

12 15 0

3 0 0

IN" THE COUNTY OP YOEKE.

Torke, six pounds,

Wells, three pounds,

Kittery, fifteen pounds,

6 0 0

3 0 0

15 0 0

IN THE COUNTY OP PLYMOUTH,

Plimouth, thirty-nine pounds,
Situate, fifty-five pounds ten shillings,
Marshfield, thirty-three pounds,
Duxboro, twenty-four pounds,
Bridgewater, twenty-seven pounds,
Middleboro, nine pounds.

39 0 0

55 10 0

33 0 0

24 0 0

27 0 0

9 0 0

IN THE COUNTY OP BARNSTABLE.

Barnstable, forty-six pounds ten shillings,
Yarmouth, thirty pounds,
Eastham, thirty pounds,
Sandwich, thirty-four pounds ten shillings,
Falmouth, nine pounds, ....
Manamoy, nine pounds, ....
Rochester, nine pounds,
Harwich, twelve pounds,

46 10 0

30 0 0

34 10 0

9 0 0

12 0 0

IN THE COUNTY OP BRISTOL.

Bristol, twenty-seven pounds,
Taunton, forty-six pounds ten shillings, .
Dartmouth, forty-three pounds ten shillings,
Freetown, six pounds fifteen shillings, .
Rehoboth, thirty-six pounds, .
Swanzey, thirty-three pounds.
Little Compton, thirty pounds,
Tiverton, twelve pounds fifteen shillings,
Attleborough, six pounds,

27 0 0

46 10 0

43 10 0

6 15 0

36 D 0

33 0 0

30 0 0

12 15 0

6 0 0

416 Province Laws.— 1699-1700. [Chap. 27.]

IN" DUKES COUNTY.

Edgartown, fifteen pounds, £15 Os. Od.

Tisbuiy, seven pounds ten shillings, . . . . 7 10 0

Chilmarke, nine pounds, 9 0 0

Nantuckett, thirty pounds, 30 0 0

And be it further enacted by the authority aforesaid,

[Sect. 4.] That the assessors of each of the towns and precincts
aforesaid shall assess and apportion the sum hereinbefore set on such
town uj^on the polls and estates within the same, according to the rules
before mentioned to be contained in the treasurer's warrant for assess-
ing the same. And if any person or persons shall, upon notice given
by the assessors, refuse or neglect to bring in unto them a list of his or
their estates, such person or persons shall be assessed according to the
sound discretion and judgement of the said assessors : provided, that
nothing in this act shall extend or be construed to the assessing of the
governour and family, nor of the president, fellows or students of Har-
vard Colledge, setled ministers, gi*ammar-school masters, or of any that
receive almes, who are hereby respectively exempted as well from being
taxed for the poll as for their estates being in their own hands and
under their actual management and improvement, and their income.

And whereas, by an act made and passed at this present session, in-
1699-1700, ch. 26. tituled " An Act directing how rates and taxes to be granted by the
general assembly shall be assessed and collected," it is provided that
assessors of publick rates and taxes may be annually elected by the
respective towns at the time by law a2:)pointed for the choice of town
officers ; a7id whereas, all or most of the towns and precincts within
this province have chose their town officers for the year ensueing before
the publication of the said act, and their being made acquainted with
the contents of the same, —

JBe it therefore enacted by the authority aforesaid,

[Sect. 5.] That each town and precinct within this province that
hath not or shall not choose assessors of publick rates and taxes at the
same time that they have or shall make choice of other town officers as
aforesaid, may and hereby is impowred (before or within the space of
seven days next after the receipt of the treasurer's warrant aforesaid by
the selectmen or trustees thereof), to choose assessors for such town in
such manner as by the aforei-ecited act they might have done at the
time Avhen they made choice of other officers for the same town or pre-
cinct ; and that such assessors so chosen at any town meeting duely to
be warned and assembled, shall be liable to the same service and duty
and to the same penalty in case of their refusal or neglect, as if they
had been chosen at the same time with other town officers ; and that
the selectmen or trustees of each and every town or precinct where no
assessors are or shall be chosen, or being chosen shall refuse to serve,
shall be the assessors of such town according to the true intent and
meaning of the said act before recited.

And be it further enacted,

[Sect. 6.] That the sum of four hundred pounds, of the tax herein
and hereby granted, shall be applied to and for carrying on of the trade
with the Indians (if his excellency the governor and council shall see it
necessary), to be managed according to the directions contained in the
1609-1700, ch. 13. act passcd at the last sessions of this court, intituled "An Act for giving
necessary supplys to the easterne Indians and for regulating of trade
with them."

And whereas, in the year 1696* there was set upon the inhabitants of
the town of Wrentham by an act of the general assembly the sum of

* Sic.

[2d Sess.] Province Laws.— 1699-1700. 417

twenty pounds as the said town's proportion to a tax then granted, and
a list thereof comitted to Edward Gay, then constable of said town,
yet, by reason that the treasurer's warrant for the better enabling the
said constable, Edward Gay, to collect the said sum did miscarry, and
through some other defects the said twenty pounds hath not been hith-
erto collected, but is still outstanding and unj^aid, —

It is hereby further enacted^

[Sect. 7.] That the treasurer be and hei-eby is impowred and
directed forthwith to issue out a warrant to the said Edward Gay im-
powring and requiring him to collect and gather in the said sum of
twenty pounds, assessed upon the inhabitants of said town of Wrentham.
in. the year aforesaid and not hitherto collected, according to each per-
son's proportion in the list comitted then to him by the selectmen of
that town, and to pay in the same to the treasurer and issue the ac-
compts thereof Avith him or his successor on or before the last day of
June next ; and the said Edward Gay upon receipt of the treasurer's
warrant aforesaid is hereby impowred and required to collect and pay
in the said sum accordingly.

And he it further enacted by the authority aforesaid.,

[Sect. 8.] That the treasurer be and is hereby impoAvred to issue
forth a certain number of the bills of credit of the late colony of the
Massachusetts to the sum of two thousand pounds, and no more, towards
the uses for which this present tax is granted ; w^hich bills shall pass
out of the treasury at the value therein expressed, the treasurer to have
credit in his accompts for so many bills as he shall so emit and issue
forth, at the same value they were received into the treasury. And the
said bills shall be taken and accepted in all publick payments at the
sum therein expressed, and this present tax to be a fund for the repay-
ment of all such sums in said bills as shall be in the hands of particular
persons in ci;rrant money of this province. And all persons having
now any bills of credit in their hands are to bring tliem into the treas-
my by the first day of April next, and shall thereupon have credit in
the treasury as formerly for such bills as they shall so bring in, but in
case of their neglect to bring the same in accordingly, shall loose the
benefit of any advance thereupon. [^Passed and jyublished March 23,
1699-1700.

Notes. — The engrossments of all the acts of this year are preserved, and all the public act?,
except chapters 14, 15, IG and 27, have been printed. Two private acts, only, were passed, un-
der the following titles : —

" An Act To enable Samuel Searle, son of Daniel Searle, formerly of the Island of Barbados,
Esq', dec'd, and .Jonathan Tyng, Esq', son and heir of Edward Tyng, Esq', deced, to sell a
House and Land in Boston." — [^Passed July 14.

" An Act to empower Joan Papillio to sell two ten acre Lotts belonging to the Estate of Peter
Papillio late of Bristol, dece'd."—[PrtssecZ J/arc/j 23, 1699-1700.

All the acts of the first session were sent to the Solicitor-General Jan. 27, 1699-1700, and all
the acts of the second session were sent to him July 4, 1700. Upon these he made two reports,
covering the two sessions, respectively, and bearing date Aug. 9, 1700. In the former of these
reports he says, of all the acts of the first session except chapters 2, 3, 4 and 16 and the private
act first abovenamed, they, " I humbly conceive, are agreeable to Law & Justice, and contain
nothing prejudicial to II. 5l. Iloj'all Prerogative; " and in the latter he uses the same language
respecting all the acts of the second session, except chapter 23 and the private act of this
session.

In the " representation" of the Lords of Trade, Oct. 9, 1700, chapters 13, 14, 15, 18, 19, 21
and 22 are described as having " had their effect," and as requiring " nothing further to be done
upon them " ; and of all the other acts of both sessions (except chapters 4 and 7). including the
two private acts, they say, " wo see no objection, .and are therefore humbly of opinion that your
Excellencys may be pleased to approve the same;" and the order in council, passed Oct. 22,
1700, accordingly, ratified and confirmed all the acts thus approved, except the two private acts.
This order was published in Boston May 15, 1701, a copy thereof having been ordered to be
sent to Bellomont on the 6th of November, 1700.

Chaps. 1, 2 and 3. '• June 2°'', 1699. I Understand the Courts of Justice are fallen ; I there-
fore recommend 3"our reviving them by act of assembly, — Such an one, I mean, as you can be
sure will Meet with His Majestie's Approbation when 'tis Laid Before him."
— Gov. Bellomont' s speech to the Assembly^ Council Hecords, vol. VII., p. 5.

Chap. 1. "June 2""*, 1699. Tlie Late Act for Establishing of Courts, Disallowed of By Hia
Majesty, was Read Over; & ordered that there be a distinct and Seperate Bill, Drawn By the

418 Province Laws.— 1699-1700. [Notes.]

Secretary, for holding of a Court of General Sessions of the peace within the Respective Countys
and for Ascertaining the time for the same." — Ibid., vol. VI I., pp. 7-8.

"July 2"* 17Q8. The Resolve following Pass'd in Council, & agreed to by the Repre-
sentatives Being in these Words; viz., A Question being moved upon the third Section or
Paragraph in tlie Act for Holding of Courts of General Sessions of the Peace &c Made &
Pass'd in the Eleventh Year of King William the third; viz., Whether the Bond for the Good
Behaviour, directed by the said Act to be given in Case of Appeal from the Sentence of the
Justices in any Court of General Sessions of the Peace, be demandable of any other. Save of
the Person prosecuted. Convicted & Sentenced for any Crime & his Sureties?

Resolved in the Negative; and that the Law is so to be understood & practiced accordingly,
Anv Usage or Custom to the Contrary notwithstanding. Consented to: J. Dudley."

—Ibid., vol. VI 11. , p. 395.

" June 3-* 1718. In Council: The Question being put upon the Act for Punishing Criminal
Offenders; Viz., That Paragraph against Lying & Libelling; [1692-3, chap. 18. sect. 7.]

Whether the Power of Fining the Person convict not exceeding Twenty Shillings be meant
as a General Rule not only for single Justices, but even for the Courts of General Sessions of the
Peace & Court of Assize & General Goal Delivery ?

Resolved that the Courts of Assize & General Sessions of the Peace are not restrained by the
said Act, but may set any reasonable Fine according to the Nature of the Offence as in Cases of
Breaches of the Peace & other Misdemeanours." — Ibid., vol. X.,p. 261.

Chaps. 1 and 2. '' Novem' 14, 1721. In Council: Whereas the Court of General Sessions of
the Peace and Inferiour Court of Common Pleas for the County of Middlese.'c is appointed by
Law to be held at Charlestown upon the second Tuesday of December next, and the said town
of Charlestown is much infected with the Small Pox, so that many members of the said Courts
& others concern'd in attendance will be in danger of taking the infection ; —

Ordered, that the said Courts be removed to the Town of Concord within the said County of
Middlesex ; and be tliere held and kept at the said Town of Concord on the second Tuesday of

Decern' next aforesaid, any law, usage or custom to the contrary notwithstanding: In the

House of Representatives: Read and concur'd. Consented to: Samll Shute."

—Ibid., vol. XI, p. 253.

"March 9, 1721. In Council: Whereas the Court of General Sessions of the Peace and
Inferiour Court of Common Pleas for the County of Middlesex is appointed by Law to be held
at Charlestown upon the second Tuesday of March Instant, And the said Town having been
lately very much infected with the Small Pox, So that many of the Members of the said Courts
& others concern'd in Attendance may be in Danger of Taking the said Infection; —

Resolved & Ordered that the said Courts be removed to the Town of Concord within the said
County of Middlesex, And be held «&; kept at the said Town of Concord on the second Tuesday
of April next, And that all Original Process, Judicial Proceedings, Precepts, Bail Bonds or
other Thing or Things what soever returnable at the said Court of General Sessions of the
Peace or Inferiour Court of Common Pleas shall stand & Continue unto the said Day & may
be there heard, pleaded & proceeded on; & all Parties that have Day by any Writts, Pleas,
Actions, Suits, Precepts or other Thing or Things wliat soever at or in either of the said Courts
appointed to be holden at Charlestown, as aforesaid sliall respectively appear at the said Courts
to be holden at Concord on the said second Tuesday' of April, under Penalty of Forfeiting
their Bail Bonds or any other Penalty that might liave incur'd upon the said Parties for not
Appearing at the said Courts respectively, at Charlestown on the second Tuesday of March as

aforesaid. And all Grand Jurors or Petit Jurors chosen or to be chosen ' to serve

at the said Courts or for the Year are hereby obliged to appear & serve as if the said Courts
had been held at Charlestown on the second Tuesday of March as aforesaid; Any Law, Usage
or Custom to the Contrary Notwithstanding. In the House of Represent'" Read & Concur'd.

Consented to: Sam^-l Shute."
—Ibid.,pp.2Q8-&9.

"December 15, 1727. In the House of Represent'": W^hereas the Court of General Sessions
of the Peace & Inferiour Court of Common Pleas for the Count}' of Essex are by Law appointed
to be held & at Salem in & for the County of Essex on the last Tuesday of December Instant
And several of the Justices of the said Court & others concerned are Members of this Court, —

Ordered, that in Consideration of the present sitting of the Great & General Court, The said
Justices are directed to adjourn the said Courts to the third Tuesday in Jany next. Any
Law, Usage or Custom to the Contrary Notwithstanding. In Council : Read & Concur'd.

Consented to: Wm. Dummek."
—Ibid., vol. XIJI.p. 481.

Chaps. 2 and 3. " — Which Acts in the main seem reasonable. They establishing the severall
Courts therein mentioned for the better administration of justice within the said Province; But
whether the power of nominating the Chief and other Justices of the said Courts ought not to
be reserved to his Majesty is humbly submitted to j'our Lord?' great wisdome ; The said Acts
respectively saying That justices shall be appointed and commissionated for the purposes therein
mentioned, without mentioning bv whom they shall be soe appointed and commissionated." —
Report of Solicitor-General Hawks, Aug. 9, 1700.

Chap. 3, sect. 1. In the year 1729 a question was raised in the General Court as to the
power of the Superior Court of Judicature to issue writs of mandamus, and tiie House of Rep-
resentatives resolved that the proceedings of the Court in issuing such a writ in the case com-
plained of were " very extraordinary and not warranted by law."

Chap. 4. " — The first Clause of which Act which gives liberty of appealing from the inferiour
Court of Common Pleas to the superior Court seems to allow (after an appeal to the superior
Court and after judgment given by the superior Court or before judgment soe given) power to
the inferior Court wliich gave the first judgment to review the case again which is very incon-
gruous, and there is nothing like it practised here in England; And the said Clause likewise
says that in case either Plaintiff or Defendant shall obtain three judgments, then the matter to

[Notes.] Province Laws.— 1699-1700. 419

be finally determined saving that there is a liberty allowed to appeale to the King in Councill.
Now I humbly conceive that it is not for the publick good that a matter should be soe often con-
tested before it be conclusive : Twice or thrice, at the most, being all that is allowed by Law here
in England ; And the last clause of the said Act makes the ceremony of the oath to be taken
by the Justices, Jurors & Wittnesses, in pursuance of the said Act, to be only lifting up the
hand, which diifers from what is reqiured by the Laws here in England, But [in] all other mat-
ters I think the said Act is reasonable and fit (in case his Majesty shall be pleased to confirme
the two Acts hereinbefore mentioned) to be likewise confirmed by his Majesty." — Report of the
Solicitor-General, ut supra.

Chap. 11. " June 13* 1700. Resolved, That the Great Bridge in Cambridge, Over Charles
River, be repaired from time to time one half at the Charge of the Town of Cambridge & the
other half at the Charge of the County of Middlesex. Consented to: Bellomont."

— Council Records, vol. VII., p. 95.

Chap. 13. " — This Act prohibits all but the Truck Masters from trading with the Indians,
which seems to be a hardship. We desire to know what has been the effect of this Act, and
whether there have not been complaints against it?" — ^'■Remarks" of the Lords of Trade,
Oct. 30, 1700.

Chap. IG. " — And there being a resolution taken and an order settled by his Majesty in
Councill as to all the Acts of the Tlantations of that nature (as I remember), I do not think it
proper for me to give any opinion therein." — Rei^ort of the Solicitor-General, ut supra.

"At the Court at Hampton Court, the 22nd of October, 1700. Present, The King's most
excellent Majesty, in Councill.

Whereas upon the Representation of the Lords Commissioners for Trade and Plantations His
Majesty hath been pleased to approve of an Act lately passed by the Governor, Councill and
Assembly of the Massachusets 13ay in New England, entituled an Act for applying the sume
of one thousand pounds, part of the Tax upon Polls and Estates granted to his Majesty by this
Court, unto the use of His Excellency Richard, Earle of Bellomont, But by the constitution of
that Government His Lordship not being allowed to receive Benefit thereof without his Majesty's
approbation first had that the money be so applyed, It is thereupon this day Ordered by his
INlajesty in Councill That the said Earle of Bellomont be and he is hereby permitted to receive
to iiis owne use the said sume of one thousand pounds intended him as a present by the said
Act. Whereof all persons concerned are to take notice and govern themselves accordingly.

Ed WARD Southwell."
—Pub. Rec. Office: New Eng., B. T., vol. 32, J3. 296.

Chap. 18. " June 30* 1701. Resolved, that in the vacancy of the General Assembly it be
lawfull for the Commander in Chief of this Province, for the time being, by and with the
advice and consent of the Council, to transport such part of the militia of this Province as they
shall find needfull, or oblige them to march into y" Province of New Hampshire, for the assist-
ance and defence of His Majesties Subjects and interests within the same, in case of Warr, at
any time or times within the space of six months next coming, and not afterwards." — Council
Records, vol. VII., p. 204.

" June 9"" 1702. The following resolve, past in the House of Representatives and sent up, being
read at the Board, was concurred with and consented to, and signed by a major part of the
Council ; viz', Resolved, that in the vacancy of the General Assembly it be Lawfull for the Com-
mander in Chief of this Province, for the time being, by and with the advice and consent of the
Council, to transport such part of the militia of this Province as they shall find needfull, or oblige
them to march into y« Province of New Hampshire for the assistance stnd defence of Her Majes-
tie's Subjects and Interests within the Same, in case of Warr, at any time or times within the
Space of Twelve months next coming, and not afterM'ards. — Ibid., p. 251.

" Nov 19"" 1702. The resolve of "the House of Representatives for assistance to the neigh-
bouring Provinces and Colonies [the bill having originated in the Council and having been
returned by the House, with "the Province of New York" left out] was again returned from
y Representatives having the Province of New York added therein and the said resolve being
read at the Board was concurred with, and is as follows; viz, —

Resolved, that in the vacancy of the General Assembly it be lawfull for the Captain General
or Commander in Chief in tliis Province, for the time being, bj' and with the advice and con-
sent of the Council, to transport such part of the Militia of this Province as they shall find
needfull into y Provinces of New York and New Hampshire or into the Colony of Connecticut
or Rhode Island, which are next adjoining to this Province, or oblige them to march into the
said Provinces and Colonies for the Assistance and Defence of Her Majestie's Subjects and
Interests within the same, as also to oblige them to march through the said Province of New
Hampshire, into any part of this Province, at any time or times untill the Session of the Gen-
eral Assembly in May next and not afterwards. Consented to: J. Dudley."
—Ibid., p. 305.

Chap. 20. " — This Act seems to lay a great hardship upon the Inhabitants of the Frontiers;
They ought rather to be assisted and incouraged by building of Forts & otherwise." — "J?e-
mai'ks,^^ ut supra.

Chap. 23. " — Which Act repeales a Clause in the former Act and enacts the same again, with
some little addition, which I think is not inconvenient (sic). — Report of the Solicitor-General,
ut supra.

Chap. 26. " Aug. 26, 1709. The following resolve, pass'd in Council, was concur'd with by
the Represent'"; viz., —

L^pon representation made to this Court that several towns within this Province, at their gen-
eral town meeting for the choice of town officers, in the month of March annually, neglecting to
chuse assessors (distinct from their selectmen) of such rates and taxes as the Great and General
Court or Assembly by their acts from time to time have ordered and appointed such towns to

420 Peovince Laws.— 1699-1700. [Notes.]

pay towards the public charges of this Province (as by law they might then have done), have
afterwards proceeded to the choice of persons specially for that service, and for the assessing
their town rates and their proportion to the County Tax, whereby the legality of the choice at
other time and the assessments made by the person so chosen is disputed and drawn into ques-
tion, to the obstructing of the collecting and paying in of the public rates and taxes, and to the
detriment of the Province; —

Resolved that, for the time past, all province county and town rates and taxes, apportioned in
any town by assessors specially chosen, appointed and sworn, such election or appointment not
being on the anniversary day for the choice of town officers, notwithstanding, are and shall be
deemed, held and reputed good and effectual in Law ; and all constables and collectors to whom
any such assessments have been or shall be committed, be and hereby are impower'd and
enjoyn'd to collect, gather in and pay the same or anv arrears thereof, according to the direc-
tion of the warrants to them respectively granted, as If such assessments had been made by the
selectmen or assessors duly chosen on the anniversary day for the choice of town officers as
aforesaid ; and shall incur and be subject to the pains and penalties by Law provided for default
and neglect of their duty in such case, any law usage or custom to the contrary notwithstand-
ing;— And that for the future the Law be strictly observed and kept, for the appointment or
choice of assessors at the annual general town meeting in March, if the inhabitants shall think
fit to chuse and appoint any such distinct from their selectmen; but if otherwise, the selectmen
shall attend their duty in that regard; and that no assessors be chosen at any other town meet-
ing, but in the case as the Law provides upon the refusal or death of any of tlieir assessors
then chosen at the general meeting in March annually. Consented to: J. Dudley."

— Council Records^ vol. VI II., 2^. ill.

" March IS* 1720. In the House of Eepresent"', March 17"" 1720. Question : Whether that
Clause in the Law entituled An Act Directing how Rates or Taxes, to be Granted by the Gen-
eral Assembly, shall be assess'd and collected, in the words following; viz., 'And such Select-
men or Assessors shall be under the like Obligation of the Oath administer'd to them for Mak-
ing the publick Tax, Equally & Impartially to proportion such County or Town Assessments
by the same Rules,' doth extend to all assessors in the proportioning of precinct, district or
parish rates or assessments, granted or agreed on by any legal meeting of the inhabitants of
such precinct, district or parish regularly sett off? — Resolved in the affirmative.

In Council: Read and concur' d. Consented to: Samll gnuxE."

—Ibid., vol. XL, iJ. 135.

" June 8, 1699. Ordered that the Committee for the Bills agst Privateers and Pyrates and
for Establishing a Post Office do sit This afternoon." — Ibid.^ vol. VII., p. 11.

The foregoing order appears to have been the last action taken by the provincial legislature
in relation to the establishment of a post-office. The bill for this purpose, prepared under the
direction of the Board of Trade, had been laid before the Council five days previously,
together with the bill for restraining and punishing privateers, &c., prepared by the same
authority; and. agreeably to a resolve of the Council, they were, thereupon, " transcribed by
the Secretary," and again brought before the Board, [see note to 1G96, chap. 4, p. 263, ante.^
The latter act appears, by the extract from a letter of Bellomont's, hereinafter given, to have
proved unsatistactory to the General Court; and the former act, doubtless, was rejected for
similar reasons. The following order is the only regulation of postal affairs, by the legislature,
that has been discovered : —

" September 9th, 1703. The Following order, pass'd in Council, was Sent down and Concurred
by the Representatives; Viz', Ordered, That Every Master of an}' Ship or Vessell arriving
from any Foreign parts shall deliver in all his Letters to the Post office at the Port of discharge,
or shall deliver them at any other place where he happens first to arrive; The Post Master
demanding the Same: In which Case they shall be forthwith Expressed to y Post office in
Boston. And all Jlasters Shall be paid by the Post Master a half penny a Letter for Every &
so many Letters as he shall put into the office; and the Post master shall be paid & receive the
accustomed Rates & Prices now paid for Letters bj- him delivered out: The Collector and
Naval officer respectively to Give notice of this Order to all masters.

Consented to: J. Dudley."
—Ibid., vol. VII, p. 381.

" We sate but nine days and in that time passed twelve Acts, which was such a dispatch as
was never known in this Province. I remembred yo' LordP^ commands to me in your letter of
the third of Februarj', 1698-0, to avoid as much as possibly we could the passing of temporary
laws and renewing them from time to time, a fault your Lordships observe the Assembly of
this Province are much addicted to. Most of the Laws we passed this last session being Mili-
tary ones, we were willing to follow the example of the Parliament of England in making them
to cease and determine after a year, and therein I believe yonr Lot" will not blame us, I confess
'twas in my judgement for these Laws being made temporary for the same reasons 'twas so in
the Parliament of England. Yet there is one of the Military' Laws ; (viz., that against Desert-
ers) which we have made perpetual, because there is no hazard in it, for it cannot operate but
in time of allarin or actuall war, when forces are raised. The 8* 9"> & 10"" Acts as they stand
in the Bonk of Laws now sent (whose titles I omit for brevitie's sake) are also made perpetual.
The 11"' & last of the publick Acts is intended a probationary law and is made to have contin-
uance for three 3'ears only. The Assembly were not willing to make it perpetuall, till they
should first make an experiment of it how well it would answer the ends proposed thereby.
****** Bellomont.

I had like to forget a Bill sent up by y" house of Representatives for mine and the Councill's
passing. The Title is An Act in addition to the Act against piracy and robbing upon the Sea,
and it goes No. 15.* It was intended to make Piracy punishable w"" death and to patch up
their present Law which your Lordships know will not touch the life of a Pirate. But I told
the Councill I would by no means give the assent to any bill of that nature till I knew the
King's pleasure upon the miscarriage of the Bill which your Lop= sent w"" me entitled An Act
for restraining & punishing Privateers and Pirats which the Councill refused formerly."
— Letter from Bellomont to the Lords of Trade .Iidy 2, 1700.

* That is, it was inclosed with his letter and numbered 15.

ACTS,

Passed 1700— i.

[421]

ACTS

Passed at the Session begun and held at Boston,
ON the Twenty-ninth day of May, A.D. 1700.

CHAPTER 1.

AN" ACT AGAINST JESUITS AND POPISH PRIESTS.

Whereas divers Jesuits, priests and pojjish missionaries have of late
come, and for some time have had their residences in the remote parts
of this province, and other his majesty's territories near adjacent, who
by their subtile insinuations industriously labour to debauch, seduce
and withdraw the Indians from their due obedience unto his majesty,
and to excite and stir them up to sedition, rebellion and open hostility
against his Majestie's government ; for prevention whereof, —

Me it enacted by His Excellency the Governour, Council and Repre-
sentatives in General Court assembled, and it is enacted by the authority
of the same,

[Sect. 1.] That all and every Jesuit, seminary priest, missionary, Jesuits, priests,
or other spiiitual or ecclesiastical person made or ordained by any ^"i *° depart
authority, power or jurisdiction derived, challenged or pretended from the loth of Sep-
the pope or see of Rome, now residing within this province or any part *^'°^6''-
thereof, shall depart from and out of the same at or before the tenth
day of September next, in this present year one thousand and seven
hundred.

Arid be it further enacted by the authority aforesaid,

[Sect. 2.] That all and every Jesuit, seminary priest, missionary or Penalty on jes-
other spiritual or ecclesiastical person made or ordained bv anv author- "^*^' "J"" P"ests,

• • T i« 1 • T 1 n T 1 T *>. 1 &c., that shall

ity, power or jurisdiction, derived, challenged or pretended, from the remain or come
pope or see of Rome, or that shall profess himselfe or otherwise appear -Qce Stlr^thT
to be such by practising and teaching of others to say any popish lothof Septem
prayers, by celebrating masses, granting of absolutions, or using any ^^' ^''^'
other of the Romish ceremonies and rites of worship, by or of what
name, title or degree soever such person shall be called or known, who
shall continue, abide, remain or come into this province, or any part
thereof, after the tenth day of September aforesaid, shall be deemed
and accounted an incendiary and disturber of the publick peace and
safety, and an enemy to the true Christian religion, and shall be
adjudged to suffer perpetual imprisonment; and if any person, being so
sentenced and actually imprisoned, shall break prison and make his
escape, and be afterwards re-taken, he shall be punished with death.

And further it is enacted,

[Sect. 3.] That every person which shall wittingly and willingly Penalty for re-
receive, relieve, harbour, conceal, aid or succour any Jesuit, priest, ceiving or har-
missionary or other ecclesiastical person of the Romish clergy, knowing uitTr^prre'st!^^"
him to be such, shall be fined two hundred pounds, one moiety thereof
to be unto his majesty for and towards the support of the government

424

Province Laws. — 1700-1.

[Chap. 2.]

How offences
against this act
shall be in-
quired of and
determined.

Justices of the

Eeace to appre-
end persons
suspected to be
Jesuits or
priests.

Any person
without a war-
rant may ap-
prehend any
Jesuit or priest.

Reward.

Saving for any
of the Romish
clergy that
shall be ship-
wrecked, &c.

of tliis province, and the other moiety to the informer; and such person
shall be further punished by being set in the pillory on three sevei-al
days, and also be bound to the good behaviour at the discretion of the
court.

And be it also enacted,

[Sect. 4.] That every offence to be committed or done against the
tenour of this act, shall and may be inquired of, heard and determined
in the court of assize and general goal delivery, or before commissioners
of oyer and terminer and goal delivery, specially to be appointed to sit
either within the county where the offence is committed, or where the
offender is apprehended or taken, or in any other county within the
province, any law, usage or custom to the contrary notwithstanding.

And further he it enacted by the authority aforesaid,

[Sect. 5.] That it shall and may be la^vful to and for every justice
of the peace to cause any person or persons suspected of being a Jesuit,
seminary priest, or of the Romish clergy, to be apprehended and con-
vented before hiniselfe or some other of his majestie's justices; and if
such person do not give a satisfactory account of hiniselfe, he shall be
committed to prison in order to a tryal. Also it shall and may be
lawful to and for any person or pei'sons to apprehend without a warrant
any Jesuit, seminary priest, or other of the Romish clergy as aforesaid,
and to convent him before the governour or any two of the council, to
be examined and imprisoned in order to a tryal, unless he give a satis-
factory accompt of himselfe. And as it will be esteemed and accepted
as a good service done for the king by the i^erson who shall seize and
apprehend any Jesuit, priest, missionary, or Romish ecclesiastic as
aforesaid, so the governour, with the advice and consent of the council,
may suitably reward him as they shall think fit : provided, this act shall
not extend or be construed to extend unto any of the Romish clergy
which shall happen to be shipwrackt, or through other adversity shall
be cast on shore, or driven into this ])rovince, so as he continue or abide
no longer within the same than until he may have opportunity of pas-
sage for his departure ; so also as such person immediately upon his
arrival shall forthwith attend the governour, if near to the place of his
residence, or otherwise on one or more of the council or next justices
of the peace, and acquaint them with his circumstances, and observe
the directions which they shall give him, during his stay in the province.
[Passed June 17 ; published June 29.

CHAPTER 2.

AN ACT FOR THE [BETTER] REGULATING OF PRISONS, AND TO PREVENT

ESCAPES.

Prison-keepers
to return a list
of their prison-
ers.

Be it enacted by His Excellency the Governour, Council and Repre-
sentatives in General Court assembled, and it is enacted by the authority
of the same,

[Sect. 1.] That every goaler or keeper of the king's prisons within
the several countys in this province, at the opening of the court of assize
and general goal delivery, court of oyer and terminer, and court of gen-
eral sessions of the peace, respectively, to be holden within such county
from time to time, shall return a list, and certify unto such court the
names of all prisoners then in his custody, with the cause of their com-
mitment, and also the names of all other prisoners that shall be com-
mitted unto him during the sitting of any such court, whereby the jus-
tices of said courts, respectively, may take cognizeance thereof; and, as
well for the king as for the partys, may proceed to make deliverance of

[1st Sess.] Province Laws. — 1700-1. 425

such prisoners, according to law, for the crimes projicr to the jurisdic-
tion of such court ; on pain, that every goaler or prison-keeper, for each
default by him made in that respect, shall forfeit such sum as shall be
set upon him by the justices of the court, not exceeding ten joounds.

Be it further enacted by the authority aforesaid,

[Sect. 2,] That whosoever breaketh prison, or shall make his escape rrison-breach
from an officer, after his being arrested or imprisoned for any crime, his acco'iuitc(i° ""^

one

breach of prison or flight shall be accounted and esteemed, in the law, evideuce.
one evidence to convict him of the crime wherewith he stands charged
in the warrant for his apprehension or commitment.

[Sect. 3.] And if any person Avhatsoever shall, dii'cctly or indirectly, penalty on per-
by any ways or means howsoever, convey any instrument, tool or other ^°"^ *''"* *''.'''^

/.-,*' . '••',•'. 1 ' , , . convey any in-

thuig whatsoever to any prisoner, or into the prison, whereby such pris- strument or
oner or any other prisoner either may or might break prison, or work prison.*" *'"^
him- or herselfc unlawfully out of the same, every person so offending,
and being thereof convicted, shall forfeit and pay such fine as by the
discretion of the court shall be imposed and set upon such offender, ac-
cording to the nature of the cause of the prisoner's commitment, not
exceeding twenty i^ounds, or suffer corporal punishment by whipping,
not exceeding twenty stripes.

[Sect. 4.] And if it happen any jDrisoner or prisoners, to make his Further penalty
or their escape by means of any instrument, tool or other thing con- oner^by'means
veyed as aforesaid, the person or persons conveying the same shall be of sa'ch instm-
fined not exceeding five hundred pounds, or be corporally jiunished by Scape. °' *^°
whipping, not exceeding thirty-nine stripes, and find sureties for the
good behaviour during the space of one year, at the discretion of the
court, according to the nature of the crime or crimes wherewith the
prisoner or prisoners stood charged in their mittimus's or warrants of
commitment, and other circumstances aggravating the offence. And if
any prisoner or prisoners, so escaping, shall stand convict of any capital
crime, the person or persons assisting or furthering their escape as afore-
said, over and above their being fined or corporally punished, as before
is dii'ected, and bound to the behaviour, shall also be stigmatized or
burned in the forehead or on the cheek with a hot iron, of the figure of
the letter B.

And further it is enacted by the authority aforesaid,

[Sect. 5.] That if the prisoner or prisoners so escaping were Escape of pus-
imprisoned for debt, the person or persons assisting and furthering their °^^^^ ^°'' ^^^^'
escape, as aforesaid, shall be liable to pay the full debt owing to the
creditor or creditors at whose suit such prisoner or prisoners stood
committed, to be recovered by action or actions upon the case, there-
fore to be brought against the person or persons so offending as afore-
said, who shall also be fined or corporally punisht as aforesaid, at the
discretion of the court, not exceeding the fine or punishment before-
mentioned.

And be it further enacted,

[Sect, 6.] That every goaler or prison-keeper that shall voluntarily Penalty on the
suffer r.ny prisoner or prisoners, committed to his custody, to escape, untary escape.^'
upon due conviction thereof, shall undergo and suffer the like pains and
penalties as the prisoner or ]n-isoners so escaping should by law for the
crime or crimes wherewith he or they stood charged by the warrant or
warrants of commitment, if the prisoner or prisoners had hereof been
convict : jyrovided, that if any person assisting and furthering the escape proviso,
of any ])risoncr in manner as aforesaid, or if the keeper of the prison
that shall voluntarily sufter to escape as aforesaid, shall, by any ways or
means, recover any prisoner or prisoners so escaping, and return them
back to prison again before prosecution had and judgement entred up
against such person or prison-keeper for such escape (which shall not
be until six months past next after the escape), in such case the person

426

Province Laws. — 1700-1.

[Chap. 3.]

For a negligent
escape.

Fines and for-
feitures, how
to be applied.

Escape of debt-
ors, through
defect of the
prisons, to be
answered by
the county.

Prisons to be
erected in each
shire or county
town.

or prison-keeper so offending shall be liable to no further punishment
than to pay such fine as the court that shall have cognizeance thereof,
in their discretion, shall think fit to set upon him, according as the
offence may be aggravated by the circumstances attending the same,
and the degree of the crime wherewith the prisoner stands charged.

[Sect. 7.] And in case the escape of any prisoner hapj^en through
the negligence of the goaler or prison-keeper, he shall pay such fine as
the justices of the court, in their discretion, before whom the prosecu-
tion shall be, shall impose and set upon him, according to the nature or
degree of the offence for which the prisoner escaping was taken and
imprisoned. And if the prisoner so escapeing were imprisoned for
debt, the prison-keeper shall be answerable to the creditor for the full
debt, and he shall have his remedy against the prisoner.

[Sect. 8.] All fines and forfeitures arising by virtue of this act shall
be applied to and for the repairing, maintaining and upholding of the
prison within the county where the offence shall be committed, and be
paid in to the county treasurer, to be imployed accordingly, and not
otherwise.

And be it further enacted hy the authority aforesaid,

[Sect. 9.] That where the escape of any prisoner or prisoners for
debt shall happen through the defect or insufficiency of any prison, from
and after the twenty-fifth day of March next, in the year one thousand
seven hundred and one, the county shall make good such debt as the
prisoner so escapeing did justly owe unto the creditor or creditors, at
whose suit he was imprisoned, and the county shall have their remedy
against the prisoner.

And further it is enacted,

[Sect. 10.] That there be sufficient prisons forthwith provided
within the several countys, and from time to time kept so ; and that the
said prisons be erected and maintained in the shire- or county town of
each county respectively, and in such other towns as the court of gen-
eral sessions shall see needful ; and the court of general sessions of the
peace, holden in the several coxmtys, are to give effectual order there-
about ; any law, custom or usage to the contrary notwithstanding.
[^Passed June 17 ; 2yublished June 29.

CHAPTER 3.

AN ACT RELATING UNTO THE OFFICE AND DUTY OF A CORONER.

Pe it enacted by His Excellency the Govemour, Council and Repre-
sentatives in General Court assembled, and by the authority of the
same,
Coroners to [Sect. 1.] That every coroner within the county for which he is

on^deadTo^dies; appointed, shall be and hereby is impowred to take inquests of felonies
and other violent and casual deaths committed or hapning within his
—to be sworn, precincts, and before he undertake the execution of his said office, shall
take the following oath for his due and faithful performeance thereof,
before the governour, lieutenant-governour, or any two or more of the
council, or such other person or persons as shall be thereto appointed
by the governour ; that is to say, —

Coroner's oath. You swear that well and truely you shall serve our soveraign lord the king in
the office of a coroner, and as one of his majesty's coroners of the county of S.,
and therein you shall truely and diligently do and accomplish all and every thing
and things appertaining to your office after the best of your cunning, wit and
power, for the profit and good of the inhabitants within the said county, taking
such fees as you ought to take by law, and not otherwise. So help you God.

[1st Sess.] Province Laws.— 1700-1. 427

And be it further enacted by the authority aforesaid,

[Sect. 2.] Th.at when and so soon as any coroner shall be certified make^out war-
of the dead body of any person supposed to have come to a violent and rants for jnrors.
untimely death, found or lying within his county or precinct, he shall
make out his warrant directed unto the constables of the same town where
such dead body lyes, or of three or four of the next adjacent towns (if
need be), requiring them forthwith to summon a jury of good and law-
ful men of the same town, or such number as shall be sufficient, with
those sent for from the neighbouring towns, to make up eighteen in all,
to appear before him at time and place in the said warrant exprest,
which warrant shall be made in this forme ; viz., —

Suffolk, ss.
To the constables of B., or to any or either of them, greeting : Form of the

These are in his majesty's name to require you immediately upon thereceipt '"'^rrant.
and sight hereof to summon and warn good and lawful men of the said town

to be and appear before me, one of the coroners of the said county of S., at
Tiouse or place within the said town of B., betwixt the hours of and of

the clock in the noon of this present day of , then and there to

enquire upon the view of the body of a certain person there lying dead, how and
in what manner he came to his death. Fail not herein at your peril, as you will
answer the contrary. Given under my hand and seal at B., the day of

in the year of our Lord , and in the year of his majesty's reign.

By me, W. G.,
One of the coroners of the county abovesaid.

[Sect. 3.] And every constable unto Avhom any such warrant shall ^""^^^^l^^g***
come, shall forthwith execute the same and repair unto the place at the coroner's war-
time therein mentioned, and make return of the warrant with his doings '■*'^*-
therein unto the coroner that granted the same. And every constable Penalty for de-
failing of performing his duty by such warrant required of him, or *^*"'*'
returning the same as aforesaid, shall forfeit the sum of forty shillings ;
also every person summoned and warned to be a juror, failing to appear penalty for ju-
accordingly, shall also forfeit the sum of forty shillings, without a rea- ^^^'^ default,
sonable excuse for the same be made unto and allowed of by the coroner ;
the aforesaid several fines or forfeitures to be to and for the defreying Fines, how to
of the charges arising and hapning within the same county, and towards ^^ applied,
the defreying the necessary charges of the coroner and jurors, to be
recovered by action, bill, plaint or infonnation, therefore to be brought
by the coroner in any of his majesty's courts of record.

[Sect. 4.] And the coroner shall swear fourteen or more of the
jurors that appear, and give the foreman (to be by him appointed) his
oath upon view of the body in this forme ; that is to say, —

You shall diligently enquire and true presentment make on the behalfe of our juror's oath,
soveraign lord the king, how and in what manner A. B., here lying dead, came to
his death ; and you shall deliver up to me his majesty's coroner a true verdict
thereof according to such evidence as shall be given to you and according to your
knowledge. So help you God.

And then shall swear the rest of the jurors by three or four at once
in this forme ; viz., —

All such oath as I. M. the foreman of this inquest for his part hath taken, you
and every one of you shall well and truely observe and keep on your parts. So
help you God.

The jury being sworn, the coroner shall give them a charge, upon Coroner's
their oaths, to declare of the death of the person, whether he died of Jurwl! *" *^
felony, or by mischance and accident ; and if of felony, whether of his
own or of another's ; and if by mischance or misfortune, whether by
the act of God or of man ; and if he died of another's felony, who

428

Province Laws. — 1700-1.

[Chap. 3.]

were principals and who were accessaries ; who threatened him of
his Hfe or members, with Avhat instrument he was struck or wounded,
and so of all prevailing circumstances that can come by presumption ;
and if by mischance or accident, by the act of God or man, whether by
hurt, fall, stroke, drowning or otherwise, to inquire of the persons that
were present, the finders of the body, his relations or neighbours, wheth-
er he was kil'd in the same place or elsewhere, and if elsewhere, by
whom and how he was thence brought, and of all other circumstances ;
and if he died of his own felony, then to enquire of the manner, means
or instrument and circumstances concurring.

[Sect. 5.] After the jury being charged, they miTst stand together
and let j^roclamation be made for any that can give evidence, to draw
near, and they shall be heard.

[Sect. 6.] And every coroner is hereby further empowered to send
out his warrant for witnesses, commanding them to come to be exam-
ined before him, and to declare their knowledge concerning the matter
in question, and to administer an oath unto the witnesses in this
forme ; that is to say, —

Witness's oath. All such evidence as you sliall give to this inquest concerning the death of
A. B. here lying dead, shall be the truth, the whole truth, and nothing but the
truth. So help you God.

Proclamation
to be made.

Warrant to be
sent out for
witnesses.

Witnesses to
be bound over.

Inquisition.

The examination of such witnesses to be taken in writing imder theu'
hands ; and if they relate to the tryal of any person concerning the
death of the party found dead, then shall the coroner bind over such
witnesses by recognizeance in a reasonable sum, not less than twenty
pounds apiece, personally to apjDcar at the next assizes or court of oyer
and terminer and goal delivery to be holden within the same county,
then and there to testify their knowledge concerning the death of the
said A. B.

[Sect. 7.] And the jury, having viewed the body, heard the evi-
dence and made what inquiry they can into the manner and causes of
the death of the person, they shall draw up and deliver unto the coroner
their verdict thereupon in writing under their seals in manner following,
which shall pass by indenture interchangeably betwixt the coroner and
the jury ; that is to say, —

SUFFOLKE, SS.

An inquisition, indented, taken at B. within the said county of S. the day

of in the year of the reign of our soveraign lord by the grace of

God of England, Scotland, France and Ireland, King, Defender of the Faith, &c.
Before T. E., Gent., one of the coroners of our said lord the king within the
county of S. aforesaid, upon view of the body of A. B. of B. aforesaid then and
there being dead, by the oaths of I. W., R. W., H. P., T. A., S. B., I. K., L. S.,
E. H., R. G., P. D., G. M., S. O., G. B., and N. S., good and lawful men of B.
aforesaid, within the county aforesaid, who being charged and sworn to inquire
for our said lord the king when and by what means, and how the said A. B. came
to his death, upon their oaths do say, &c.

Then insert how, where, at what time, hy lohat means, with what instrument and in what man-
ner the party icas hilled or came by Ms death.

And if it appear the person to have been killed and murthered by
another that is known, the inquisition must be concluded after this
manner; viz., —

— And so the jurors aforesaid, upon their oaths aforesaid, say, that the aforesaid
R. S., in manner and forme aforesaid, the aforesaid A. B. then and there feloni-
ously did kill and murther, against the peace of our soveraign lord the king, his
crown and dignity.

[1st Sess.] Province Laws.— 1700-1. 429

If it appear to be selfe-murder, the inquisition must conclude after
this manner ; viz., —

— And so the jurors aforesaid say upon their oaths, that the said A. B., in man-
ner and forme aforesaid, then and there vohmtarily and feloniously, as a felon, of
himselfe did kill and murder himselfe, against the peace of our soveraign lord the
king, his crown and dignity.

If it appear the person to be slain by misfortune, the inquisition must
conclude after this manner ; viz., —

— And so the jurors aforesaid say upon their oaths, that the aforesaid A. B., in
manner and form aforesaid, was killed or came to his death by misfortune.

If by the hands or means of any other person, thus ; viz., —

The aforesaid K. F. the aforesaid A. B., by misfortune and contrary to his will,
in manner and forme aforesaid, did kill and slay. In witness whereof as well I the
coroner aforesaid as the jurors aforesaid to this inquisition have interchangeably
put our hands and seals the day and year abovesaid.

[Sect. 8.] And the coroner shall make return of all such inquisi-
tions taken before him, unto the justices of assize, oyer and terminer
and goal delivery. Also upon any verdict found of the death of a per-
son by the felony or misfortune of another shall speedily infoi-me one or
more of the next justices of the peace thereof, to the intent that such
person killing or being any ways instrumental to the death of another
may be apprehended, examined and secured in order to a tryal.

And be it further enacted hy the authority aforesaid,

[Sect. 9.] That over and above the fee already allowed by law, the Fees,
coroner shall be allowed the sum of ten shillings ^^er diem for his travail
and expences ujion every inquisition by him taken, and every juror
attending the said service shall be allowed two shillings per diem ;
which allowances shall be paid out of the estate of the dead person, or
by the parent or master where any apprentice or child under age shall
happen to be killed, and in want thereof to be paid by the county treas-
urer out of the treasury of such county upon representation thereof
made by the coroner to the quarter sessions.

[Sect. 10.] And every coroner within the county for which he is Coroners to
appointed shall be and hereby is impowred to serve and execute all ^"^"'*' ^'"*^' *^-
writts and processes directed unto him against the sheriffe or marshal
of the same county, and to return jurors de talihiis circnmstantihns,
where need shall be, to fill up the jury or jurys in all causes wherein
the sheriffe or marshal is concerned or related to either of the partys
in any cause, and shall have the like fee for serving of writts in civil
causes as is allowed by law unto the sheriffe. {Passed June 10 ; pxd)-
lished June 29.

CHAPTER 4.

AN ACT PROVIDING FOR POSTHUMOUS CHrLDREF,

Forasmuch as it often happens that children are not borne till after
the death of their fathers, and also have no provision made for them in
their wills, —

Be it therefore enacted hy His Excellency the Governour, Council
and Jiepresejitatives in General Court assembled, and hy the authority
of the same,

[Sect. 1.] That as often as any child shall happen to be borne after postiiumous
the death of the father, without having any provision made in his will, f/ave'a propor-

430

Province Laws. — 1700-1.

[Chap. 5.]

tion, &c.
3 Mass. 20.
6 Met. 403.

And such as
have no legacy
given them.

1 Mass. 148-149.

2 Mass. 570.
14 Mass. .358.

2 Gray, 536.

3 Gray, 369.

Widows not to
be prejudiced
by wills made
before mar-
riage.

eveiy such posthumous child shall have right and interest in the estate
of his or her father, in like manner as if he had died intestate, and the
same shall accordingly be assigned and set out as the law directs for
the distribution of the estates of intestates.

And tchereas, through the anguish of the [^deceased^ [diseased] tes-
tator, or through his solicitous intention though in health, or through
the oversight of the scribe, some of the testator's children are omitted
and not mentioned in the will, many children also being borne after
the makeing of the will, tho in the life-time of their parents, —

-Be it therefore enacted by the authority aforesaid,

[Sect. 2.] That any child or children not having a legacy given
them in the will of their father or mother, every such child shall have
a proportion of the estate of their parents given and set out unto them
as the law directs for the distribution of the estates of intestates : pro-
vided such child or children have not had an equal proportion of his
estate bestowed on them by the father in his lifetime.

A.nd whereas, it sometimes happens that a man, having fonnerly made
his will, doth afterwards marry a wife, and then dyes, and the will
comes to be proved, to the injury of such wife, —

[Sect. 3.] In all such cases, the widow shall have such proportion
of her late husband's estate assigned her as if he had died intestate, as
the law directs for the distribution of the estates of intestates, any law,
usage or custom to the contrary notwithstanding : provided, that noth-
ing in this [lavf] [act] shall extend to any estate[s] disposed of by will,
already setled. \JPassed June 28 ; 2^''^^'^shed June 29.

CHAPTER 5.

AN ACT IN ADDITION TO THE ACT FOR THE EQUAL DISTRIBUTION OF
INSOLVENT ESTATES.

1696, chap. 8. Wheeeas in and by the act intituled, " An Act for the equal distri-
bution of insolvent estates," made and past in the eighth year of his
present majestie's reign, amongst other things therein contained, it is
enacted, " That every judge of probate of wills and granting administra-
tio7is within the respective county s be and thereby is fully authorized and
impoiored to call before him, and to require and administer an oath
unto any person or persons probably suspected by any executor or
administrator to have concealed, imbezelled or conveyed away any of the
m,oney, goods or chattels left by the testator or intestate for the discovery
of the same. And in case any such suspected person icas betrusted by
the pterson deceased attended upon, or was otherwise coiiversant ^vith,
or near unto him in the time of sickness, or left in 2)Ossession of the
estate, whereby to strengthen and rnaJce the susjntion more violent, and
shall refuse to clear and acquit him- or herselfe upon oath, it shall and
m,ay be lavful for, and the judge is itnpoit^red to commit such person so
refusing to sxoear, xmto the gocd of the county, there to remain iintil he
or she shall coinply to discharge him- or herselfe upon oath as aforesaid,
or be released by \the\ consent of the executor or admlnistator?'' And
whereas it has been observed that sometimes executors or administra-
tors have neglected their duty, or been too fxvourable in not complain-
ing of persons of whom there has been just suspition of making con-
cealments, embezelments or conveying away part of the estate belonging
to their testator or intestate, whereby great wrong and injury has
ensued; for remedy Avhereof, —

[1st Sess.] Province Laws. — 1700-1. 431

Be it enacted hy His Excellency the Oovernour, Council and Repre-
sentatives in General Court assembled^ and hy the authority of the same.

That every judge of j^robate be and hereby is alike impowred to All persons in-
call before him, and to require and administer an oath unto any person compiahi"of''
or persons probably suspected of making any concealment, imbezel- embezzlement,
ment or conveying away any of the moneys, goods or chattels of any
person deceased, as well upon the complaint of any heir, creditor, leg-
atary, or other person having lawful right or claim to or in such estate,
as of the executor or administrator. And in case the party suspected
(such suspition being strengthned and made more violent for any of
the causes before mentioned), shall refuse to discharge him- or herselfe
upon oath, then to proceed against them by imprisonment as the afore-
recited act directs ; saving to any person agrieved the liberty of an
appeal from any such sentence to the governour and council, the appel-
lant giving security to prosecute such appeal with effect in manner as is
by law directed. \_Passed July 2 ; published Jidy 13.

CHAPTER 6.

AN ACT PROHIBITING THE EXPORTATION OF RAW HIDES, UPPER-LEATHER
AND TANN'D CALVE-SKINS FROM OUT OF THIS PROVINCE, OTHER THAN
FOR ENGLAND.

Whereas the frequent shipping out of this province raw hides, upper-
leather and tann'd calve skins for Holland and other places, hath been
much to the damage of this province, not only by reason of the choicest
of said hides and upper-leather going off, but the great quantities, that
many times the necessity of the jDrovince cannot be supplied, —

Be it enacted by the Governour, Council and Representatives in
General Court assembled, and hy the authority of the same,

[Sect. 1.] That from henceforth no raw hides, upper-leather or To give bond to
tann'd calve skins be laden on board any ship or vessel before the mas- jaSd.^'^ °^'
ter give bond to the commissioner for impost or receiver for the time
being, to the value of five hundred pounds, with sufficient surety, that
the same shall be by the said ship or vessel carried for England,
Wales, port or town of Berwick upon Tweed, and no other place, and
be there landed and put on shore (the danger of the seas only
excepted), and shall in eighteen months' time return a certificate of
the same ; and if any shall presume to lade on board any ship or vessel Hides other-
any raw hides, upper leather or tann'd calve skins, before bond be given ^e forfeit.'' *"
as aforesaid, he shall forfeit the same, and the master of the vessel shall
forfeit the value of all such raw hides, leather or tann'd calve skins
that he shall know to be on board such vessell.

[Sect. 2.] And if any ship or vessel shall carry from out of this 'Lister know-
province any raw hides, upper-leather or tann'd calve-skins before bond feif double the
given as aforesaid, or any seizure be made, every master of such vessel value.
knoAving thereof shall forfeit and pay double the value of the same,
and the shipper double the value of what shall be so shipped : provided
that information, suit or prosecution for the same be had and made
Avithiu the space of eighteen months next after the offi^nce committed,
and not afterwards.

[Sect. 3.] The aforementioned several forfeitures to be recovered
by action, bill, plaint or infomiation in any of his majesty's courts of
record within this province, and to be imployed and disposed of one
lialfe thereof for and towards the support of his majesty's government
Avithin the same, and the other halfe to him or them that shall inform
and sue for the same.

432 Province Laws.— 1700-1. [Chap. 7.]

[Sect. 4.] And it shall aucl may be lawful to and for every justice
of the peace, upon infoi'mation given of any raw hides, upper-leather,
or tann'd calve-skins laden or put on board any ship or vessel, and bond
not given as aforesaid, to issue oiit his warrant under his hand and seal,
directed to the Avater bailiff, or to the sheriff or his deputy or constable,
requiring them respectively to make seizure of any such raw hides, upper-
leather, or tann'd calve-skins shipt as aforesaid, and to secure them in
order to tryal, who are hereby respectively impowred and required to
execute such warrant. \_Passed July 1 ; puhlished July 13.

CHAPTER 7.

AN ACT FOR THE CONTINUEING AND FURTHER GRANTING UNTO HIS
MAJESTY SEVERAL DUTIES OF IMPOST AND TUNNAGE OF SHIPPING.

Whereas the act intituled " An Act for discontinueing 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," made
and past at the second session of the said general assembly, continued
by prorogation unto Tuesday, the fifteenth of November following, in
the tenth year of his present majesty's reign, is near expiring, —

£e it therefore enacted by His J^xcellency the Governoiir, (Jouncil and
Representatives in Goieral Court assembled^ and hy the authority of
the same^
1698, chap. 17. [Sect. 1.] That the afore-recited act intituled "An Act for discon-
tinuing 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," and all and singular the paragi-aphs, articles, clauses,
powers, penalties and forfeitures, and other matters and things in the
said act contained, except such as in and by this present act are altered,
repealed, or otherwise provided and directed, be and are hereby revived
and further continued to be exercised, paid, demanded, recovered and
applied to and for the uses in the aforesaid act mentioned, for and
during the full time hereinafter set for the continuance of this pres-
ent act.

And it is further enacted,

[Sect. 2.] That for every himdred pound sterling in English mer-
chandizes, at the jDrime cost in England over and above the sum of ten
shillings, by the said act provided to be paid, there be paid ten shillings
more, to make up twenty shillings in the whole, for every hundred
pounds sterling in English merchandizes, at the ])rime cost in England.

Aiid be it further enacted by the authority aforesaid,

[Sect. 3.] That there shall be paid by the master of every ship or
other vessel above twelve tuns, comeing into any port or ports of this
province to trade or traffique, the major part of the ownei's whereof are
not belonging to this province, every voyage such ship or vessel does
make, the sum of twelvepence per ton, or one pound of good and new
gunpowder for every ton such ship or vessel is in burthen, to be jiaid
unto the commissioner or receiver of the duties of impost, and to be
imployed for the supply of his majesty's castle and forts within this
province. And the said commissioner is hereby impowi'ed to appoint
a meet and suitable person to repair unto and on board any such ship
or vessel, to take the exact measure and tunnage thereof, in case he
shall suspect that the register of such shij) or vessel doth not express
and set forth the full burden of the same; the charge thereof to be paid

[1st Sess.] Province Laws. — 1700-1. 433

by the master or owner of such ship or vessel before she be cleared, In
case she appear to be of greater burthen ; otherwise to be paid out of
the publick ti'easury. And the said commissioner and receiver, for his
labour, care and expences in the management of his office, and what
relates thereto, shall have and receive out of the publick treasury the
sum of seventy pounds, his deputy or dej^utys to be paid for their ser-
vice such sum and sums as the said commissioner with the treasurer
shall agree upon reasonable temaes.

And further it is enacted,

[Sect. 4.] That the naval officer within any of the ports of this
province shall not clear or give passes to any master of any ship or
other vessel outward bound, on any pretence whatsoever, until such
master shall jjroduce and shew forth unto him a certificate, under the
hand of the commissioner and receiver of the impost, that the impost
and other dutys for the goods last imported in such ship or vessel are
paid or secured to be paid : provided that this act shall continue in
force from the publication hereof until the twenty-ninth day of June,
which will be in the year of our Lord one thousand seven hundred and
one, and no longer. \_Passed and published June 29.

CHAPTER 8.

AJT ACT FOR GRANTING UNTO HIS MAJESTY AN EXCISE UPON WINES,
LIQUORS AND STRONG DRINK SOLD BY RETAIL.

Wee, his majestie's loyal and dutiful subjects, the representatives of
this his province of the Massachusetts Bay in New England, taking into
consideration the growing charges of the province, for support of the
government thereof, and defreying of the incident and contingent
charges in and about the same ; for the subsisting and paying of the
souldiers belonging to the garrison on Castle Island near Boston, to
Fort Mary, at Saco, and such as shall be imployed in his majestie's
service for and within this province ; for the payment of the salaries
and allowances to the officers imployed in and about the execution of
this act ; and such other salaries and allowances as have been or shall
be made by the general assembly, or directed by any act thereof to be
made out of the publick treasury ; have chearfully and unanimously given
and granted, and do hereby give and grant unto his most excellent
majesty for the ends, uses and intents aforesaid and no other, 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, according to the several rates hereinafter mentioned and
expressed ; and pray that it may be enacted, —

And he it accordingly enacted by Mis Excellency the Governow\
Council and JRepresentatives in General Court assembled^ and by the
authority of the same,

[Sect. 1.] That from and after the twenty-ninth day of June in this
present year one thousand seven hundred, for and during the space of
one whole year from thence next ensuing, every person licensed for retail-
ing of Avine, brandy, rhum or other distilled liquors, beer, ale, perry or
cyder shall pay in currant money of this province the duties of excise
following ; that is to say, —

For every gallon of common wines of the Western Islands, the sum Duties of cx-
of fourpence. <''**^-

For every gallon of. Passado, Malago, Malmsey, Canary or sherry
wines, the sum of eightpence.

434 Province Laws.— 1700-1. [Chap. 8.]

For every gallon of Madei-a, port wine, or other wines not of any of
the sorts before mentioned, the sum of sixpence.

For every gallon of rhmn and all other sorts of distilled spirits, the
smn of eightpence.

For every barrel of beer, ale, perry and cyder, the smn of twelve-
pence.

And after the same rate for any greater or lesser quantities.
And for the due and orderly collecting and receiving of the excise
aforesaid, —

Be it further enacted by the authority aforesaid.
Licensed per- [Sect. 2.] That all and every person and pei'sons licensed, or that
account oTaU '^ during the space of one year from the said twenty-ninth day of June in
^^h'icrtht" ' ^^^^^ present year one thousand seven hundred, shall be licensed to retail
shall have in wine, brandy, rhum or other distilled liquors, beer, ale, perry or cyder,
the'29tii oF^ *^° shall keep a true and exact accompt of all such wine, brandy, rhum or
June; distilled liquors, beer, ale, perry or cyder which such person or persons

on the said twenty-ninth day of June shall have in his, her or their
houses or dependencies thereof, or other place or places, for sale, or which
such person or persons at any time or times within the space of one
year from the said twenty-ninth day of June shall make, brew, distil,
buy, take or receive into his, her or their houses, cellai-s or dependencies
thereof, or into the houses, cellars, vaults, rooms or other place or places
of or belonging to any other person or persons for sale ; and that such
licensed jDcrson or persons shall, at the end and ex])iration of every three
months successively from the twenty-ninth day of June aforesaid, render
unto the commissioner for excise within such county, to be appointed as
is hereafter mentioned, or the officer or officers which he shall imploy
tr^"**hair^** under him for that purpose, an accompt upon oath of all wines, brandy,
further'take in, rlium or distilled liquors, beer, ale, perry or cyder, by such person or
^'^''' persons made, brewed, distilled, bought, taken or received as aforesaid

for sale at any time or times within the said sjDace of three months next
foregoing, or which at the beginning of such three months such person
or persons had in his, her or their houses, cellars or other place or places as
aforesaid for sale, and no accompt thereof before rendred ; which oath
to the accompts of such licensed person or persons shall be made before
the commissioner for excise, or any justice or justices of the peace.
And be it further enacted by the authority aforesaid,
—to pay the du- [Sect. 3.] That cvcry person and persons licensed or to be licensed
missionersf*'™' ^^ aforesaid, for the retailing of wines, liquors or strong drink, shall at
the time of rendring his, her or their accompt as above mentioned, pay
unto the commissioner for excise in the same county, or other officer or
officers to be imployed under him for that purpose, all such sum and
sums of money as shall then have grown due from him, her or them for
the excise of wines, liquors or strong drink made, brewed, distilled,
bought, taken in or received by him, her or them for sale, according to
the rates herein before expressed : saving, that allowance shall be made
such person or j)ersons of five-and-twenty per cent for waste and leak-
age, which the commissioner for excise in each respective county, or his
officer or officers as aforesaid, is hei-eby ordered and directed to allow
Penalty for uuto such person or persons accordingly. And every licensed jDcrson
neglect. ^^. persons as aforesaid that shall neglect to render his, her or their ac-

compts, and pay his, her or their excise in manner and time as is herein
before provided, shall thereby forfeit the recogniscance by law appointed
to be taken of such person or persons for his, her or their payment of
the duties of excise accoixling to law for his, her or their draught, which
recogniscances the commissioner for excise in any county by himself or
his lawful substitute or substitutes is hereby impowi-ed to put in suit on
his majestie's behalf against all and every licensed person and persons
so failing as aforesaid.

[1st Sess.] Province Laws. — 1700-1. 435

And be it further enacted by the mtthority aforesaid,

[Sect. 4.] That the commissioners appointed for tlie collecting and Commissioners'
receiving of the duties of excise granted by the act of the general assem- ^"^^""^
bly past at their session begun and held the thirty-first day of May, one
thousand six liundred ninety-nine, shall be and are hereby impoAvred to
sue for and recover any sum or sums of money due or to be due from
any retailer or retailers according to said act, notwithstanding the expi-
ration of the same, in as full and ample manner as they might have
done during the year wherein the same was of force.

And be it further enacted by the authority aforesaid,

[Sect. 5.] That there be one fit person in each county respectively, Commissioners
and no more, nominated and chosen by this court, to be commissioner for «)necH«g^
and collector of the said duties of excise and to have the general iuspec- tiiesaid duties.
tion, care and management of that office, and of whatsoever relates
thereunto within said respective counties, each of which commissioners
shall receive commission for the said office from the governour, with
authority to nominate, appoint, imploy and impower such and so many
officers under him as he sliall think necessary for the collecting and re-
ceiving the duties of excise aforesaid within the county for which he
shall be commissionated. And the said commissioners and all other
officers under them, before their entring upon the execution of their
respective offices, shall be sworn to deal truly and faithfully therein.
And the said commissioners shall also keep fair books of all duties
arising by virtue of this act, which shall lye open at all seasonable
times to the view and perusal of the treasurer and receiver-general of
this province, with whom they shall likewise accompt for all collections
and payments, and pay in all such monies as shall be in their hands,
unto the said treasurer as he shall demand it. And the said commis- Commissioners'
sioners, for their labour, care and expcnces in the said office, shall have allowance,
and receive the sum of two shillings on the pound for all such sum and
sums as shall be collected and received by them respectively by virtue
of this act, for their own service, pains and expcnces, and the payment
of all officers imployed under them, excepting the commissioner for the
county of Suffolk, who shall have one shiiUng on the pound for such
sums collected.

And be it further enacted by the authority aforesaid,

[Sect. 6.] That every person that shall presume to sell any wine, Penalty for
brandy, rlium, or other distilled liquors, beer, ale, perry or cyder, by ^^censl ^^*^°"*
retail, without having licence according to law for the same, shall forfeit
and pay the sum of four pounds, one-half thereof to the informer, and
the other half to and for the use and support of a free grammar- or
writing school or schools in the town where the offence shall be com-
mitted ; and in case there be not any such school in the town where
the offence shall be committed, then to the use of any such school in
the town next adjacent, and that any justice of the peace be, and
hereby is impowred to hear and determine any svxch offence or offences,
any law, usage or custom to the contrary notwithstanding : jpromded
that this act shall continue in force for the space of one whole year
from and after the tAventy-ninth day of June, in this present year one
thousand seven hundred, and no longer. \Passed June 29.

CHAPTER 9.

AN ACT FOR PREVENTING ABUSES TO THE INDIANS.

Whereas some of the principal and best disposed Indians within
this province have rej^resented and complained of the exactions and

436 pROVixNCB Laws.— 1700^1. [Chap. 10.]

oppression which some of the English exercise towards the Indians, by
drawing them to consent to, covenant or bind themselves or children
apprentices or servants for an unreasonable term on pretence of, or to
make satisfaction for some small debt contracted, or damage done by
them ; for redress whereof, —

Be it enacted and declared by His Excellency the Governoiir, Council
and Representatives in General Court assembled, and by the authority
of the same^
^uto°*t't°*^?e''^ [Sect. 1.] That from and after the publication of this act, no Indian
«ce but by^the' shall contract, or j^ut or bind him- or herself or child apjDrentice or a
servant to any of his majesty's subjects, for any time or term of years,
but by and with the allowance and aj^probation of two or more of his
majesty's justices of the peace, who are required to take special care
that the contract or covenant so to be made, and the condition or terms
thereof, be equal and reasonable, both with respect to the time for
service and otherwise.

And be it further enacted by the authority aforesaid,

Sessions of the [Sect. 2.] That the justices of the general sessions of the peace

Hud*^reifeve^^ within the respective countys be and hereby are impowred, upon com-

such as are plaint made by any Indian native of this country, that is or shall be

agrieved by reason of any indenture, covenant or agreement heretofore

made for any time or teiTQ of service not yet expired, to hear and

relieve such Indian according to justice and equity, and to regulate and

order the time for such service, as they shall judge reasonable. [Passed

July 9 5 published July 13.

allowance of
two justices

CHAPTER 10.

AN ACT IN ADDITION TO THE ACT FOR DUE REGULATION OF WEIGHTS

AND MEASURES.

For remedying of unrighteousness and oppression in dealing by the
use of measures that are not of due breadth, for meale, fruit[s], and
other things usually sold by heape, —

JBe it enacted by His Excellency the Governour, Council arid JRepre-
sentatives in General Court assembled, and by the authority of the
same,
The width of [Seot. 1.1 That all measures by which meale, fruits, and all other

lT163iSUrG9 lOI* i» - •

things sold by things usually sold by heap shall be sold, be conformable as to bigness

^^'^^- to the declared publick allowed standards mentioned in the act made

and passed by the general assembly in the year one thousand six hun-

1692-3, chap. 30. dred ninety-two, intituled " An Act for due regulation of weights and

measures," and shall be of the full breadths following ; that is to say,

the bushel not less within side then eighteen inches and halfe Avide ;

the half bushell not less then thirteen inches and three-quarters wide ;

the peck not less than ten inches and three-quarters wide ; and the half

peck not less than nine inches wide.

renaity for [Sect. 2.] And if any person at any time, from and after the first

measures." ^' tlay of October next, after the publication of this act, shall sell, expose

or offer to sale any meal, fruits or other things usually sold by heap, by

any other measure than is afore mentioned as to bigness and breadth,

such person being complained of, and convicted before any justice of

the peace of so doing, shall forfeit and pay to the use of the poor of

the town where the offence is committed the full value of the meal,

fruits or other things so sold or offered to sale ; and such justice may

commit the offender to prison until payment be made of the said for-

[1st Sess.] Province Laws.— 1700-1. 437

feiture, or cause the same to be levied by warrant of distress, and paid
in unto the town treasurer or overseers of the poor, to the use of the
poor as aforesaid, and shall also cause such measure to be defaced, any
laAV, usage or custom to the contrary in any wise notwithstanding.
[Passec? July 11 ; 'published July 13.

CHAPTER 11.

AN ACT FOR REVIVING AND CONTINUING OF THE ACT INTITULED "AN
ACT FOR GIVING NECESSARY SUPPLIES TO THE EASTERN INDIANS, AND
FOR REGULATING OF TRADE WITH THEM."

Whereas the act intituled " An Act for giving necessary supi^lies
to the eastern Indians, and for regulating of trade with them," made
and passed by the general assembly of this province in the eleventh
year of his present majesty's reign, is near expiring, —

Be it therefore enacted by His Excellency the Governour^ Council and
Representatives in General Court assembled, and it is enacted by the
authority of the same.

That the aforesaid act intituled "An Act forgiving necessary sup- iG90-i/00,ch.i3.
plies to the eastern Indians, and for regulating of trade with them,"
and all and singular the paragraphs, clauses and articles thereof, poAvers,
penalties, forfeitures, matters and things therein contained, be and
hereby are revived and fui-ther continued to abide and remain in full
force, and to be exercised, practised and put in execution for the ends,
uses and purposes therein mentioned, until the end of the session of the
great and general court or assembly to be convened, held and kept on
the last Wednesday of May next, which will be in the year of our
Lord God one thousand seven hundred and one, and no longer.
\jBassed July 12 ; published July 13.

CHAPTER 12.

AN ACT GRANTING THE SUM OF ONE THOUSAND POUNDS UNTO HIS
EXCELLENCY, RICHARD, EARL OF BELLOMONT.

Wee, the council and representatives of this his majestie's province
of the Massachusetts Bay in New England, convened in general assem-
bly, having unanimously agreed and resolved to make a present of one
thousand pounds unto his excellency, Richard, Earl of Bellomont, his
majestie's captain-general and governor-in-chief in and over the said
province, do pray that it may be enacted, and

Be it accordingly enacted by the Governour, Council and Bepre-
sentatives in General Court assembled, and by the authority of the
same,

That the sum of one thousand pounds be and is hereby granted to
be accordingly paid out of the publick treasury of this province unto
his excellency the said Richard, earl of Bellomont, to and for his sole
and proper use and behoofe. \_Passed July 5, 1700.

438 Province Laws.— 1700-1. [Chap. 13.]

CHAPTER 13.

AN ACT FOR GRANTING UNTO HIS MAJESTY A TAX UPON POLLS AND

ESTATES.

Wee, his majesty's loyal and dutiful subjects, the representatives of
his majesty's province of the Massachusetts Bay in New England, con-
vened in general court or assembly, having had before us the accompts
of the treasury, as also an accomi3t of six thousand two himdred and
twelve pounds three shillings, due to souldiers and others, as by
accompts and return of the committee may appear ; as also for the
repair of the fortifications at the Castle Island ; whereby we are sen-
sible 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 sub-
sisting and paying of wages to souldiers and seamen, and vessels' hire
that are or shall be imployed in his majesty's service within this prov-
ince ; and for the paying of such salaries, gratuities and allowances as
have been or shall be made and granted by the general court or assem-
bly ; and also such allowances and payments as are directed by any act
of this province to be made out of the publick treasiiry ; and for sup-
port of the government, and answering of the incident and contingent
chai-ges in and about the same, do unanimously grant unto his most
excellent majesty, for the ends, uses and intents before mentioned, and
for such other use and uses as shall be limited and appointed by this
court, and no other, a tax of six thousand thirty-eight pounds and two
shillings, 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 hy His Excellency the Governoiir, Council and
Representatives in General Court assembled, and by the authority of the
same,

[Sect. 1.] That the treasurer do forthwith send out his warrants,
directed unto the selectmen, 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 rate-
able male polls above the age of sixteen years, at three shillings on the
poll (except the governour and family, the president, fellows and stu-
dents of Harvard Colledge, elders of churches, setled ministers, gram-
mar-school masters, and such who through age, infirmity or extream
poverty, in the judgement of the selectmen, trustees or assessors are
rendred incapeable to contribute towards publick charges, who are
hereby exempted, as well from being taxed for the poll as for the estate
being in their own hand and under their actual management and
improvement), 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, in whose hand, tenure, occupation or possession
soever the same shall be found, and incomes by any trade or faculty
which any persons do or shall exercise, except as before excepted, at
one penny on the pound, and to abate or multiply said sum, if need be
to make up the sum hereby set and ordered for such town or precinct
to pay ; and in makeing their assessment to estimate houses and lands
at six yeares' income of the yearly rent whereat they are or may rea-
sonably be set or let for in the places w^here they lye, and the landlord
to re-imburse the tennant one-halfe of the tax set upon the houses and
lands, where no contract appears to the contrary; and to estimate
Indian, molatto and negro servants proportionably, as other personal
estate, according to their sound judgement and discretion. Also to

[1st Sess.] Province Laws. — 1700-1. 439

estimate every ox of four years old and upwards at forty shillings ;
every cow of three years old and upwards at thirty shillings ; every
horse of three years old and upwards at forty shillings ; every swine of
one year old and upwards at eight shillings ; and every sheep of one
year old and upwards at four shillings. Likewise requiring the assess-
ors, selectmen or trustees to make a fair list of the said assessment,
setting forth in distinct columns against each particular person's name
how much he is assessed at for polls, and how much he is assessed at
for houses and lands, and how much for his personal estate and income
by his trade or faculty, and the list or lists so j>erfected 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 him-
selfe some time before the last day of September next.

[Sect. 2.] And the treasurer, iipon receipt of such certificate, is
hereby impowred and ordered to issue forth bis Avarrants to the collec-
tors, constable or constables of such town, requiring him or them
respectively to collect the sum total of the list or lists to him or them
committed, and to pay the same, as they shall collect it, into the treas-
ury, and issue the accompts thereof with himselfe or his successor in
said office at or before the last day of December next.
Atid be it further enacted by the authority aforesaid,
[Sect. 3.] That each town and precinct within this province shall
be assessed and pay as its proportion to this present tax the sum here-
after following ; that is to say, —

IN THE COtTNTY OF SUFFOLK.

Boston, one thousand one hundred and forty pounds
fifteen shillings, ......

Roxbury, ninety-nine pounds seven shillings and six
pence, ........

Dorchester, one hundred thirty-one pounds twelve shil-
lings and sixpence, ......

Milton, forty-eight pounds, .....

Brantrey, ninety-six pounds, ....

Weymouth, sixty pounds and nine shillings,

Hingham, one hundred and three pounds one shilling,

Dedham, sixty-eight pounds fifteen shillings,

Wrentham, seventeen pounds eleven shillings,

Medfield, fifty-eight pounds ten shillings,

Mendon, twelve pounds, .....

Hull, thii*ty-five j^ounds five shillings, .

"Woodstock, six jjounds,

IN THE COTJNTT OF ESSEX.

Salem, two hundred thirty-nine pounds seventeen shil

lings, .........

Ipswich, two hundred sixty-seven pounds three shillings,
Newberry, one hundred eighty-four pounds eight shil

lings sixpence, .......

Salisbury, forty-eight pounds, ....

Aimsbury, twenty-three pounds eight shillings, .
Haverhill, forty-six pounds sixteen shillings,
Andover, sixty-one pounds ten shillings,
Bradford, twenty-four pounds, . . . . ,

Topsfield, forty-eight pounds, ....

Marblehead, ninety-nine pounds, . . . . ,

Lynn, ninety-three pounds thirteen shillings sixpence.

.£1,140 155

. Oc?.

99 7

. 131 12

48 0

96 0

60 9

. 103 1

68 15

17 11

58 10

12 0

35 5

6 0

239 17

, 267 8

. 184 8

48 0

23 8

46 16

61 10

24 0

48 0

99 0

93 13

440

Province Laws. — 1700-1.

[Chap. 13.]

Wenliam, forty pounds nineteen shillings, .

Beverly, seventy i^ounds two shillings sixpence,

Glocester, fifty-two ponnds thirteen shillings,

Manchester, fifteene pounds,

Rowley, seventy-two pounds,

Boxford, thirty-five pounds two shillings,

IN THE COUNTY OF MIDDLESEX.

Cambridge, one hundred and five pounds,
Charlestown, one hundred fifty-seven pounds sixteen

shillings, ......

Watei'town, one hundred fifty-seven pounds nineteen

shilhngs, ......

Newton, sixty pounds, ....

Sudbury, seventy-six pounds one shilHng,
Marlboro, fifty-four pounds, .
Medford, twenty-one pounds,
Maulden, forty-nine pounds fourteen shillings sixpence;
Woobourne, eighty-eight pounds one shilling,
Reading, sixty-four jiounds seven shillings, .
Bih'ica, thirty-two pounds three shillings sixpence.
Chelmsford, forty pounds nineteen shillings,
Concord, eighty-four pounds,

Stow, six pounds,

Groton, twenty-four pounds,
Lancaster, twelve pounds,
Sherborne, thirty-three pounds,
Framingham, nine pounds, .
Dunstable, six pounds, ....

£40 19s. Od.
70 2 6
52 13 0
15 0 0
72 0 0
35 2 0

105 0 0

157 16 0

157 19 0

60 0 0

76 1 0

54 0 0

21 0 0

49 14 6

88 1 0

64 7 0

32 3 6
40 19 0
84 0 0

6 0 0

24 0 0

12 0 0

33 0 0
9 0 0
6 0 0

IN THE COUNTY OF HAMPSHIEE.

Springfield, seventy pounds four shillings, . . . 70 4 0

Northampton, seventy pounds four shillings, . . 70 4 0

Hadley, forty-six pounds sixteen shillings, . . . 46 16 0

Hatfield, thirty-eight pounds six shillings, . . . 38 6 0

Southfield, fourteen jDounds twelve shillings sixpence, . 14 12 6

Westfield, twenty-four pounds sixteen shillings sixpence, 24 16 6

Enfield, six pounds, ....... 600

Deerfield, six pounds, 6 0 0

IN THE COUNTY OF TOEKE.

Yorke, twelve pounds, 12 0 0

Wells, six pounds, 6 0 0

Kittery, thirty-three pounds, 33 0 0

IN THE COUNTY OF PLYMOUTH.

Plymouth, seventy-eight pounds, 78 0 0

Situate, one hundred and eleven pounds, . . . 1110 0

Marshfield, sixty-four pounds seven shillings, . , 64 7 0

Duxboro, forty-three pounds sixteen shillings, . . 43 16 0

Bridge water, fifty-two pounds thirteen shillings, . . 52 13 0

Middleboro, seventeen pounds eleven shillings, . . 17 11 0

IN THE COUNTY OF BARNSTABLE.

Barnstable, ninety-six pounds, ....
Yarmouth, fifty-eight pounds ten shillings, .
Eastham, fifty-eight pounds ten, shillings,
Sandwich, sixty-seven pounds five shillings sixpence,
Falmouth, seventeen pounds eleven shillings.

96 0 0

58 10 0

67 5 6

17 11 0

[1st Sess.]

Province Laws. — 1700-1.

411

Manamoit, seveuteeu pounds eleven shillings,
Rocliestex', seventeen pounds eleven shillings,
Harwich, twenty-three pounds eight shillings,

£17 lis. Of?.
17 11 0
23 8 0

IN THE COUNTY OF BRISTOL.

Bristol, fifty-four pounds,

Taunton, ninety pounds thirteen shillings sixpence,
Dartmouth, eighty-seven pounds eighteen shillings,
Freetown, thirteen pounds three shillings sixpence,
Rehoboth, seventy pounds four shillings,
Swanzey, sixty-six pounds, .....
Little Conii^ton, sixty pounds, ....
Tiverton, twenty-five pounds three shillings sixpence,
Attleboro, eleven pounds fourteen shillings, .

54 0 0

90 13 6

87 18 0

13 3 6

70 4 0

66 0 0

60 0 0

25 3 6

11 14 0

IN DUKES COUNTY.

Edgartown, thirty-six jjounds,

Tisbury, seventeen pounds eight shillings,

Chihnarke, seventeen pounds eleven shillings,

Nantuckett, fifty-seven pounds,
IJPodscd a2id published July 13, 1700.

36 0 0

17 8 0

17 11 0

57 0 0

442 Peovince Laws.— 1700-1. [Chap. 14.]

ACTS

Passed at the Session begun and held at Boston,
ON the Twelfth day of February, A.D. i 700-1.

CHAPTER 14.

AN ACT DIRECTING THE PROCEEDINGS AGAINST FORCEABLE ENTRY AND

DETAINER.

1692-3, chap. 18, Wheeeas ill aiicT by the act intituled " An Act for the punishing of
criminal oiFenclers," amongst other things therein contained, it is
declared, that every justice of the peace in the county where the offence
is committed be and is unpowred to make enquiry of forceable entry
and detainer, and cause the same to be removed ; for the better
directing of justices in such their proceedings, —

Be it enacted and declared by the Lieutenant- Governour, Council and

Representatives in General Court assembled, and by the authority of

the same,

Justices, on a [Sect. 1.] That upon complaint made to any one or more justices

of'forcibie'en^^ ^^ ^^® peace of any wrongful and forceable entry made into any lands,

try, &c., to re- tenements or other possessions lying within the county where such

place" "^ justice or justices dwell or reside, or of any wrongful detainer of any

13 Alien, 284. lands, tenements or other possessions with force and strong hand, every

such justice or justices, within convenient time, at the costs of the party

Assistance to grieved, shall go to the place where the force is, taking with him the

tices muk°r^a^" sheriffe Or his deputy, and other sufficient power of the town or county

penalty for at liis discretion, if need be to aid him, and all the people of the county,

^^^ ^'^ ' as well the sheriife as others, shall bo attending to the said justice or

justices, and assist him or them to arrest such offenders, upon pain of

imprisonment, and to make fine to the king.

Upon an inqui- [Sect. 2.] And that two justices, quorum unus, shall have authority

restTtut'ion to ^'^^ power to enquire, by the oaths of the people of the same county,

be made. as well of them that make such forceable entry into lands, tenements

or other possessions, as of them that hold the same with foi-ce ; and if

it be found, upon such inquiry, that a forceable entry is made into any

lands, tenements or possessions, or that the same are held with force,

then such justices shall cause the same lands, tenements or possessions

to be reseized, and thereof the party to be again ^\x% into possession

who in such sort was put out or holclen out.

And to the end that inquiry be so made as aforesaid, —
A jury to be [Sect. 3.] Such justiccs shall make out their warrants or precepts,

impanelled and directed to the slicriffe of the same county, or his deputy, commanding
him on the king's behalfe to cause to come before them eighteen suffi-
cient and indifferent persons dAvelling near unto the lands or tenements
so entred or held as before, whereof fourteen at least to be imi^anelled
to inquire in this behalfe, each of whom to have freehold lands or ten-
ements of the yearly value of forty shillings at the least, who shall be
sworn by such justices well and truely to inquire of such forceable

[2d Sess.] Province Laws. — 1700-1. 443

entry or forceable detainer, and to return a true verdict therein accord-
ing to their evidence ; and if the sheriffe shall make default in not duely Penalty for de-
executing of such warrant or precejit to him directed, he shall be fined g^g'/jl" ^''*'.
the sum of tAventy pounds for every default ; and every juror sum- rors.
moned by the sheriffe making default by his non-appearance, shall pay
a fine of twenty shillings; every justice to be paid ten shillings joer Allowance to
diem^ the sheriff six shillings per diem, and every juror two shillings Justices, &c.
per diem, upon every inquiry to be made as aforesaid.

And he it further enacted by the authority aforesaid,

[Sect. 4.] That any justice or justices as aforesaid may impose a Justice or jus-
fine upon every offender committing such force as aforesaid, not the oSfeude"'^
exceeding the sum of forty shillings, and bind them to the good ^c.
behaviour, and imprison such offenders till they pay such fine, and find
sureties for the behaviour until the next court of general sessions of
the peace within the same county, and then to appear ; and if the
offence be aggravated by any open and high-handed breach of the peace
or otherwise, may bind the ofienders over to appear at the next general
sessions of the peace to answer for the same, who may increase the fine
accordincc to the aggravation and circumstances of the offence : all fines Fines, how to
ai'ising by virtue of this act to be to and for the use of the county^ app^iea.
for defreying of county charges. And the party grieved shall recover
treble damages, and costs of suit by action of trespass against the
defendant or defendants, if it be found by verdict, or in any other
manner by due forme of law, that they entred into his lands or ten-
ements by force, or after entry did hold with force, any law, usage or
custom to the contrary in any wise notwithstanding : provided, ahvays, A proviso.
that this act shall not extend, or be construed to extend, unto any per-
son or persons that have had the occupation, or have been in quiet
possession of any lands, tenements or possessions by the space of three
whole years together next before, and his, her or their estate or estates
therein not ended or detennined. \Passed February 1^; signed by \the
Lieutenant-Governor March 3; pid)lished March 14, 1700-1.

CHAPTER 15.

AN ACT DIRECTING HOW TOWN OFFICERS SHALL BE SWORN, IN SUCH
TOWNS WHERE NO JUSTICE OF THE PEACE DW^ELS.

Whereas the law requires that several town ofiicei's be under oath
for the true and faithful discharge of their respective ofiices and trust,
to be administred unto them by one of the next justices of the peace,
&c., and forasmuch as there are many towns in which no justice of the
peace dwels, but are far remote, by reason whereof the officers annually
and from time to time chosen in such towns, whom the law requires to
be under oath, are necessitated to travel several miles to be sworn,
which occasions great charge, besides difficulties and inconveniences to
the inhabitants of such towns ; wherefore, for the ease of his majesty's
subjects in that regard, —

JBe it enacted by the Lieutenant- Gov ernour. Council and Represen-
tatives in General Court assembled, and it is enacted by the authority
of the same.

That in each town Avithin this province where no justice of the peace Selectmen, or
dwels, the selectmen of such town for the time being, or the major part part'oMhcm,
of them, be and are hereby authorized and impowred to administer to to swear town
such person as from time to time shall be chosen clerk of such town, whe^e^lo juY-"*
the oath by law appointed to be taken by each town clerk, for the ^^'^^ dwells.
faithful discharge of that office, and to all other officers of such town

444

Province Laws. — 1700-1.

[Chap. 16.]

A record to be
made thereof.

whom tlie law requires to be sworn, the oath to their several and
resi^ective places belonging, as by law established. And such select-
men shall cause a record to be made in the town book of the swearing
of all such officers, any law, usage or custom to the contrary in any wise
notwithstanding. \_JPassed February 26 ; piiblished March 14, 1700-1.

CHAPTER 16.

AN ACT FOR TOLLING HORSES THAT ARE TO BE EXPORTED.

Town clerk to
keep a toll-
book.

No liorses to be
shipped before
they be tolled.

Fee;

I'enalty for
shipping off or
receiving on
board horses
before tolled.

Town clerk to
see that ttiis
act be observed,

Foe the better preventing the stealing of horses and horse-kind, and
clandestinely conveying them away, —

£e it declared and enacted by the lAeutenant-Governour, Council
and Representativies in General Court assembled, and by the authority
of the same,

[Sect. 1.] That in every seaport town within this province there be
kept a toll booke by the clerk of such town for the entring of all
horses and horse-kind that shall be there shipt for exportation.

[Sect. 2.] And no person or persons whatsoever shall ship or send
on board any ship or other vessel, to be transported out of this prov-
ince, any horse or liorse-kind, before he or they shall have presented
and caused them to be viewed by the town clerk of the town where
they are to be shipt. And such town clerk is hereby authorized and
required to make a fair entry in the toll book of all such horses and
horse-kind, with their colour and markes, both natural and artificial,
and age as near as may be, and the Christian name, sirname, mystery
and place of dwelling, as well of the person or persons of whom the
same were last bought, as of the present owners or shippers, and
the name of the ship or vessel, and of the master or commander
thereof, whereon they are to be laden, and whither bound; and to
deliver a certificate under his hand of such entry by him made unto the
shipper, directed unto the master of such ship or vessel by name, for
which entry and certificate the town clerk shall demand and receive
sixpence a head for each beast, and no more.

A7id be it further enacted by the authority aforesaid,

[Sect. 3.] That if any person shall presume to ship ofi'any horse or
horse-kind not being first entred as aforesaid, or if any master or com-
mander of any ship or vessel shall receive, take or sufier to be received
or taken, any horse or horse-kind on board the ship or vessel then
under his command, without such certificate as aforesaid, or other than
what agree with the description therein given, every shipper or master
so ofiending shall forfeit and pay the sum of ten pounds, one moiety
thereof to be unto the use of the poor of such town where the oiFence
is committed, and the other moiety to him or them that shall informe
and sue for the same, by action, bill, plaint or information in any of his
majesty's courts within this j)rovince, any law, usage or custom to the
contrary notwithstanding.

[Sect. 4.] And the town clerk in each seaport town is in particular
to take care to the due observance of this act, and to informe of all
transgressions thereof. \_Passed February 26 ; published March 14,
1700-1.

[2d Sess.] Province Laws. — 1700-1. 445

CHAPTER 17.

AN ACT AGAINST THE MAKING OE PASSING OF BASE OR COUNTERFEIT

MONEY.

Whereas some persons for private gain have of late presumed to
stamp and emit pieces of brass and tin, at the rate of a penny each, not
regarding what loss they thereby bring on others, which if not timely
remedyed may prove gi-eatly detrimental to his majesty's subjects, and
embolden others to be so hardy as to attempt the doing of the like ; for
prevention whereof, —

Be it declared and enacted hy the Lieutenant- Governour, Council and
Hepresentatives in General Court assembled^ and by the authority of the
same^

[Sect. 1.] That any person or persons who, after the publication Penalty for
of this act, shall pi-esume to make or stamp any such pieces as afore- ™g o?lttefSg"
said, or others of like or different mettal, matter or forme, and to emit, counterfeit
utter or put off the same for pence, or at a greater or lesser value, and
be thereof convicted, every person so offending shall be punished by
fine and imprisonment, at the discretion of the court where the pros-
ecution shall be, not exceeding the sum of fifty pounds' fine, nor six
months' imprisonment for one offence ; and shall further forfeit and pay
in currant, lawful money of this province treble the value of all such
pieces as he shall have emitted or uttered, after the highest rate they
have passed at, one-halfe of said fine and forfeiture to be unto his
majesty for and towards the support of the government within this
province, and the other halfe to him or them that shall informe and sue
for the same in any of his majesty's courts within the province.

And be it further enacted by the authority aforesaid^

[Sect. 2.] That every person or persons that have or shall offend ^Restitution to
as aforesaid, shall exchange and pay in currant lawful money of this
province the full value of all such pieces having his stamp or marke
thereon, unto any person or persons that shall bring the same to him,
according to the rate they have passed at, so as such pieces be brought
and offered to him to be exchanged at any time or times within the
space of three months next after the publication of this act ; and in case
of refusal so to do, he shall be compelled thereto by order of the general
sessions of the peace within the same county, or of one justice of the
peace where the value exceeds not forty shillings ; and no person or per-
sons whatsoever shall hereafter offer to put off, utter or take any such
base or counterfeit money. [JPassed and published March 14, 1700-1.

CHAPTER 18.

AN ACT RELATING TO THE PROSECUTION OF APPEALS.

Whereas it has been too often practised that persons having judge-
ment entred up against them in the inferiour court of common pleas do
claim the liberty of the law to appeal from such judgement unto the
next superiour court of judicature, court of assize and general goale
delivery to be holden for or within the same county, and after their
appeal admitted neglect to give security for prosecution thereof as the
law requires, or after security given, faile of prosecuting their appeal,
whereby it is very obvious they designed nothing more than to stop
execution and to delay and hold out the adverse party from his just

446

Province Laws. — 1700-1.

[Chap. 18.]

Security for ap-
peal to be given
in or out of
court witliin
seven days after
judgment.

On failure, ex-
ecution to be
granted.

Judgment to be
affirmed and
execution
awarded by the
superior court
upon non-pros-
ecution of ap-
peal.

Inferior courts
to observe the
like methods.

Sureties upon
appeal to an-
swer interven-
ing damages
and cost, m
case.

Proviso.

debt or damages recovered by such judgement, to his grievous hurt ;
for redress whereof, —

He it declared and enacted by the Lieutenant- Goveniow\ Council
and Representatives in General Court assetnhled^ and by the author-
ity of the same,

[Sect. 1.] That every person appealing from the judgement of any
inferiour court of common pleas unto the superiour court of judicature,
court of assize and general goale delivery, shall enter into recognizeance,
with sufficient sureties, to prosecute such appeal with eftect, which
recognizeance is to be taken before such inferiour court whilst sitting,
or before one or more of the justices of the same with the clerk out of
court within the space of seven days next after judgement given, and
not afterwards. And if any person claiming and being admitted to
aj^peal as aforesaid shall not give security for prosecution thereof in
manner aforesaid, either before or within the said space of seven days
next after judgement given, every claim and allowance of such appeal
shall be utterly null and void as if the same had never been made and
granted ; and in such case after expiration of the said seven days the clerk
of such inferiour court, upon demand of the party for whom the judge-
ment was given, or of his attourney, shall ex officio make and issue out
execution thereupon.

And be it farther enacted by the aut/iority aforesaid^
[Sect. 2.] That if any person having appealed and given security
for prosecution thereof as aforesaid shall neglect to prosecute the same
with effect in manner as the law provides, the party that obtained the
judgement in the inferiour court of common pleas, entring his complaint
in the superiour court of judicature, court of assize and general goal de-
livery to which such appeal did lye, and produceing attested copys of
the judgement, apjical and recognizeance given for prosecution thereof,
the justices of the said superiour court of judicature, court of assize and
general goal delivery shall affii-me such judgement of the inferiour court
of common pleas, with the costs arising upon the suit there, and grant
further costs for entring and prosecuting the complaint as aforesaid and
award execution accordingly. The fee to be paid for entring of such
complaint shall be the same as for entry of an action, and the party's
attendance and charges the same as the law allows in like cases. And
the like process and methods shall be had and observed in the inferiour
court of common pleas for persons that shall faile to prosecute apjoeals
made from judgements given Tipon tryals before a justice of the peace,
any law, usage or custom to the contrary in any wise notwithstanding.
And be it further enacted by the authority aforesaid,
[Sect. 3.] That all recognizeances given for prosecuting of appeals
as aforesaid shall remain good, for the benefit of the partys respectively
for whom they were taken to bring a siiit thereon to recover all inter-
vening damages occasioned by such paitys being delayed from the time
of rendring the first judgement unto the time when such appeal should
have been tryed ; and the sureties in such recognizeance named shall be
liable and obliged to satisfy the judgement given for such mtcrvening
damages, with the additional costs of suit in case of the principal's
avoidance, and return made of own est inventus upon the execution
granted against him ; and the judgement for the same shall be affirmed
against such sureties, and execution be awarded accordingly, as is by
law provided refen-ing to sureties upon mean process : provided, that
such sureties be served with a writ of scire facias within twelve months
next after rendring of judgement upon the tryal on such recognizeance,
and not afterwards. \_Passed 3IarcJi 3 ; published March 14, 1700-1.

[2d Sess.] Proyince Laws. — 1700-1. 447

CHAPTER 19.

AN ACT FOR THE BETTER MAKEING AND MEASURING OF MALT.

JBe it declared and enacted by the Lieutenant- Governour, Council
and Hepresejitatives in General Court assembled^ and by the autJiority
of the same,

[Sect. 1.] That from and after the publication of this act no malster ^fg^*°^5° ^^"
or malt-maker shall deliver, vend or pass away any malt by him made, cleansed,
or caused to be made, before the same be well dryed and cleansed, by
screening of it from the dust and taile which arises in the makeing, dry-
ing and ordering of it in his hands, on pain of forfeiting twelvepence per Penalty,
bushel for each bushel by him delivered, sold or passed away not being
so cleansed and dryecl, upon conviction thereof before one or more jus-
tices of the peace, where the forfeiture shall not exceed the sum of forty
shillings, or if above, before the general sessions of the peace holden
within the county, one moiety of such forfeiture to be unto the use of
the poor of the town where the offience is committed, and the other
moiety to him or them that shall complain or informe and sue for the To be viewed
same ; and such court or justice respectively are hereby impowred, in by perf^ns^o*a
case such malster shall stand to justify that his malt is well dryed and oath,
cleansed as aforesaid, to nominate and appoint three or more credible
skilful persons to view and judge thereof upon their oaths, and to ad-
minister an oath to them to be indifferent and impartial therein. And Merchantable
no malt made of barley shall be accounted merchantable, but such as ™'^'**
shall be Avell cleansed from the dust, oates, tares and cockle[s].

[Sect. 2.1 And every person that shall offer or expose to sale any Penalty for

• • 0ii6rin£r to sb,I6

barley malt for merchantable, not being cleansed as aforesaid, shall for- unmerchant-
feit and pay the sum of twelvepence a bushel for each bushel so offered ^^^^ °^^'*-
or exposed to sale, being thereof convicted in manner as is hereinbefore
provided, to be applyed to the use before mentioned.

And further it is enacted,

TSect. 3.1 That every master of any vessel that shall receive on Masters of ves-
board his vessel any malt to be transjiorted to a market, shall take tokeepmer-
effectual care, and make sufficient provision for the keeping of mer- uumerchant"*^
chantable malt separate and apart by it selfe, that it be not intennixt able malt sep-
with what is unmerchantable, on pain of losing and forfeiting the value ^'^**^'
of all the freight to be paid for the malt so mixed, to the use of the
poor of the town where such malt shall be delivered, upon conviction
thereof as aforesaid ; and shall be further liable to make good to the
shipper or owner of all such merchantable malt mixt as aforesaid all
loss and damage that he shall sustain thereby, to be recovered by action
therefore to be brought in any of his majesty's courts within this prov-
ince ; and where the sum exceeds not the value of forty shillings, before
one justice of the peace.

And be it further enacted by the authority aforesaid,

[Sect. 4.1 That in the measuring of malt, the strike shall be carried Malt, how to bo

L -J . fc> ' measured.

softly and sawing, any law, usage or custom to the contrary notwith-
standing, [Passed March 12 ; published March 14, 1700-1.

CHAPTER 20.

AN ACT PROVIDING THAT IN SUITS WHERE GOODS OR OTHER ESTATE
IS ATTACHED, THE DEFENDANT BE SUMMONED.

To the intent that all persons may have due notice to prepare and
make their defence in every action or suit commenced against them, —

448

Province Laws. — 1700-1.

[Chap. 20.]

Summons to be
left at the de-
fendant's place
of usual aoode,
&c.

How to be cer-
tified.

How to be
served upon
writ of dower
or scire facias.

Provision in
actions brought
against persons
out of the
province.
1 Mass. 344.

Security to be
given before
execution.

Real estates
taken in execu-
tion not to be
alienated with-
in twelve
months.

JBe it enacted hy the Lieutenant- Governour, Council and Representa-
tives in General Court assembled., and by the authority of the same,

[Sect. 1.] That when the goods or estate of any person shall be
attached at the suit of another in any civil action, a summons, in forme
as by law is j^rescribed, shall be delivered to the party whose goods or
estate are attached, or left at his or her dwelling-house, or place of last
and usual abode, fourteen days before the day of the sitting of the court
where such attachment is returnable ; and in case the defendant was at
no time an inhabitant or sojourner within this province, then such sum-
mons to be left with his or her tenant, agent or attourney, and the
serving thereof to be certified by a sworn officer that executed the
attachment, or by affidavit made in court by the person that delivered
the same, and by one other credible witness then also present ; other-
wise the writt shall abate.

[Sect. 2.] And upon suits brought either by wiitt of scire facias,
or writt of dower, when the defendant in any such suit shall not be
served therewith in his own person, an attested copy of the writt and
of the service thereof, under the hand of the sheriffe, or his deputy that
executed the same, shall be left at the house or place of xisual abode of
the defendant ; and in case such defendant was at no time an inhab-
itant or sojourner within this province, then with his or her tenant,
agent or attourney as aforesaid, by the like number of days before the
day of the court's sitting Avhere such writt is returnable, as is required
for the service thereof; and in writt of dower, a copy thereof, with the
service, alike attested as before, shall also be left with the tenant or
occupant of the house or land whereof dower is demanded to be ren-
dred, or in or upon the same ; and the sheriffe or his deputy shall
certify the same in his return, or otherwise the writt shall abate.

Arid further it is enacted by the authority aforesaid,

[Sect. 3.] That when it happens the party against whom suit is
brought not to be an inhabitant or sojourner within this province, or to
be absent out of the same at the time of commencing such suit, and
shall not return before the time for tryal, the justices of the court
where such suit is brought shall continue the action to the next court ;
and if the defendant do not then appear by hiriiselfe or attourney, and
be so remote that the notice of such suit depending could not probably
be conveyed to him during the vacancy, the justices at such next court
may further continue the action to the court thence next following, and
no longer. And in such cases, where judgement is entred up by default
after two continuances as aforesaid, execution or writt of seizin shall be
stayed, and not issue forth until the plaintiff or demandant shall have
given bond, with one or more sufficient sureties, in double the value of
the estate or sum recovered by such judgement, to make restitution,
and to refund and pay back such sum as shall be given in debt or
damage, or so much as shall be recovered upon a suit therefore to be
brought within twelve months next after entring up of the first judge-
ment, if upon such suit the judgement shall be reversed, annulled or
altered ; the security aforesaid to be no further answerable than for the
recovery that shall be made upon such suit to be had within twelve
months as aforesaid: provided, also, that no real estate taken in execu-
tion granted upon such first judgement shall be alienated or past away
until after the expiration of the said twelve months, or after a new tryal
brought within the said space of twelve months, to the intent that
restitution thereof may be made in case as aforesaid. [Passed
March 12 ; published March 14, 1700-1.

[2d Sess.] Province Laws. — 1700-1. 449

CHAPTER 21.

AN ACT FOR RENDRING AN ACCOMPT OF nNES, &C.

Whereas, by an act entituled "An Act for passing of sheriffs' 1693-4, chap. 2.
accompts," amongst other things therein contained, it is enacted, —
" That every clerk of the peace in each county within this province,
and cl&rh of assize, shall deliver unto the sheriffe of the county a per-
fect estreat of all fines, issues, amerciaments, recognizeances, moneys
and forfeitures imposed, set, lost or forfeited in any sessions of the
peace, court of assize and general goale delivery, or special court of oyer
and terminer by any person due to his majesty, xoithin the space of
thirty dayes next after ending of the said courts respectively, and within
said time shall deliver unto the treasurer and receiver-general of this
province a perfect schedule of all such estreats by him delivered to the
sheriffe^'' &c., but forasmuch as no provision has hitherto been made
how fines or forfeitures accrueing to any county or town, or the poor
thereof, or how fines or forfeitures set by one or more justices out of
court, shall be accounted for, —

J^e it therefore enacted and declared by the Lieutenant- Oovernour,
Council aful Hepresentatives in General Court assembled, and by the
authority of the same,

[Sect. 1.] That all clerks of the peace and clerks of assize be and Clerks of courtj
hereby are, hkewise, respectively enjoyned and required, within the aceount°f fines
space of thirty days next after the ending of each sessions of the peace, J° county and

./»• T 1 ITT "1 if* T town treasu*

court 01 assize and general goale delivery or special court of oyer and rers.
terminer, to render and deliver unto the treasurer of each county and
town, respectively, a perfect schedule or accompt of all fines, amercia-
ments, moneys and forfeitures, imposed, set or forfeited in such court,
and by law appropriated to the use of such county or town, or the poor
thereof, respectively, under the Uke penalty as in the afore-recited act is
exprest for not returning such schedule to the treasurer and receiver-
general.

And further be it enacted by the authority aforesaid,

[Sect. 2.] That all and every justice and justices of the peace, at Justices of the
the end of every six months shall render and deliver to the treasurer an^account'of^'^
and receiver-general of this province for the time being, county and a?^^' &c., each
town treasurer respectively, a perfect schedule or accompt of all fines, der a penalty.
amerciaments, moneys and forfeitures, imposed, set or forfeited before
such justice or justices out of court, due to his majesty, or by law or
town order particularly applied to the use of such county or town, or
the poor thereof, respectively, on pain of forfeiting the sum of five
pounds to his majesty, towards support of the government, or to such
county or town respectively for the defreying of county or town charges,
being duly convicted of neglect therein, to be sued for and recovered
by the treasurer and receiver-general of the province or such county or
town treasurer for the time being, any law, usage or custom to the con-
trary in any wise notwithstanding. \_Passed March 12 ; published
March 14, 1700-1.

450 Province Laws.— 1700-1. [Chap. 22.]

CHAPTER 22.

AN ACT FOR THE CONVENIENT AND SPEEDY ASSIGNMENT OF DOWER.

Forasmuch as some direction in the law is necessary that women
may be enabled to come by their doAver, —

JSe it enacted by the Lieutenant- Governour, Council and Mepresenta-
tives in General Court assembled, and by the authority of the same,
Heir^&c., to [Sect. 1.] That when and so often as the heir or other person hav-

within one ing the freehold shall not, within one month next after demand made,
S"ter demand, ^ssigne and set out to the widow of the deceased her dower or just
third part of and in all houses, lands, tenements or hereditaments
whereof she is dowable at the common law, to her satisfaction accord-
ing to the true intendment of law, then such widow may sue for and
recover the same by writt of dower to be therefore brought against such
persons as have, or claim to have right as aforesaid in said estate in
manner and forme following ; that is to say, —

S , ss.

Writ of dower. William the Third by the grace of God of England, Scotland, France and Ire-
land, King, Defender of the Faith, &c., to the sherifTe of our county of S., his
undersheriff or deputy, greeting : Command A. B. of B. within the said county
addition that instantly without delay render to C. D., who was the

wife of E. D. late of B. aforesaid addition deceased, her reasonable dower

which happens to her of a certain messuage or tenement, with the appurtenances,
situate in B. aforesaid, in the possession of the said A. B., which was in the seizin
and possession of her said husband E. D. and whereof he was seized in his demesne
as of fee during the covci'ture, and whereof she hath nothing, as she saith, and the
said C. D. complains that the said A. B. hath deforced her thereof. And unless
the said A. B. shall so do, then summon by good and lawful men in your bailywick
the said A. B. that be before our justices of our next inferlour court of com-

mon pleas to be holden at B. for the county of S. aforesaid, on the Tuesday

of , then and there to shew cause why to the said C. D. her reasonable

dower as aforesaid doth not render. And have you the names of them by

whom you summon the said A. B. and this writt. Witness E. H., Esq., at B., the

day of , in the year of our reign, annoque Domini

A. D., Clerk.

And be it further enacted by the authority aforesaid,
[Sect. 2.] That upon judgement being given for any woman to
recover her dower in any estate of housing and lands, and other heredi-
taments which were her husband's, reasonable damage shall also be
assigned to her from the time of the demand made ; and a writt of seizin
shall be directed to the sheriffe of the county, or his deputy, where such
lands, tenements or hereditaments do lye, in manner and forme follow-
ing ; that is to say, —

ss.

Writ of seizin, William the Third by the grace of God of England, Scotland, France and Ire-
*"'• land. King, Defender of the Faith, &c., to the sheriffe of our county of S., his

undersheriffe or deputy, greeting : Whereas C. D., Avidow, who was the wife of
E. D., late of B. in the county aforesaid, addition deceased, before our jus-

tices of our court of holden at B. for our county aforesaid on the

day of now last past, did recover her seizin against A. B. of B. aforesaid

addition of one-third part of a certain messuage or tenement, &c., with the
appurtenances, situate in B. aforesaid, in the possession of the said A. B. as her
dower, of the endowment of the said E. D. her certain husband, by our writt ol
dower, whereof she hath nothing, therefore wee command you that to the said C.
D. full seizin of one-third part of the aforesaid messuage or tenement, &c., with
the appurtenances, you cause to be had without delay, to hold to her in severalty
by meets and bounds. We command you also, that of the goods or chattels of the
said A. B. within your precinct, you cause to be paid and satisfied unto the said
C. D., at the value thereof in money, the sum of for damages awarded her

[2d Sess.] Province Laws. — 1700-1. ' 451

by our said court for her being held and kept out of her dower aforesaid, and
costs expended on this suit, with two shillings more for this writt, and thereof also
to satisfy yourselfe your own fees. And for want of goods or chattels of the said
A. B.'s, to be by him shewn unto you, or found within your precinct to satisfy the
same, wee command you to take his body and commit him to the keeper of our
goal in B. in our county aforesaid, within the said prison, whom wee likewise com-
mand to receive the said A. B. and him safely to keep until he pay unto the said
C. D. the iull sum above mentioned and also satisfie your fees. Hereof falle not,
and make return of this writt, and how you shall have executed the same, to our
next court of to be holden at B. for our said county of S. on the

day of next. Witness E. II., Esqr., at B., the day of , in the

year of our reign, annoque Domini A. D., Clerk.

And where no damasces shall be awarded, the writ to run only for To run only for

' • T ^ n • ^ ° seizin and cost

seizin and cost OI suit. where damages

[Sect. 3.] And the sheriff of the county or his deputy to whom are not award-
such writt is directed, is to cause her third part or dower in such estate po^er to be set
to be set forth unto her by five freeholders of the neighbourhood, upon forth by five
their oaths (three at least to agree), who shall be sworn before a justice the^neigh'bor-
of the peace to set forth the same equally and impartially, without ^0°^, upon
favour or affection, as convenient as may be ; which oath every justice of
the peace is hereby impowred to administer.

And be it further enacted hy the authority aforesaid,

TSect. 4.1 That of inheritances that be intire, where no division Of entire inher-

^ -, T-", . Til ii IT itance that can-

can be made by metes and bounds, so as a woman cannot be endowed not be divided,

of the thing itselfe, she shall be endowed thereof in a special and cer- a third part of

c T • -I r»i • CI n t"® rents or

tarn manner, as ot a third part or the rents, issues or pronts thereoi, to profits to be as-
be computed and ascertained in manner as aforesaid. signed.

[Sect. 5.] And no woman that shall be endowed of any lands, ten- No strip or
ements or other inheritances as aforesaid, shall commit or suffer any made,
strip or waste thereupon, but shall maintain the houses or tenements, 8 Pick. 3ii.
with the fences and appurtenances thereof with which she shall be so
endowed, in good repair during her term, and leave the same so at the
expiration thereof, and shall be liable to action for any strip or waste
by her done, committed or suffered.

And be it further enacted by the authority aforesaid,

[Sect. 6.] That when the defendant in a writt of dower shall ^e^'awardld *°
suffer judgement to pass against him by default, no damages shall be when judgment
awarded against him by such judgement for having held and kept the fauit^'^'* ^ ^'
demandant out of her dower ; but she shall recover the same in like
manner as she might sue for or recover damages in other cases ; any
law, usage or custom to the contrary in any wise notwithstanding.
[JPassed March 12 ; published March 14, 1700-1.

CHAPTER 23.

AN ACT DIRECTING THE ADMISSION OF TOWN INHABITANTS.

For the better preventing of persons obtruding themselves on any
particular town within this province, without orderly admission by the
inhabitants of such town, or the selectmen thereof, in manner as here-
after is exprest, and for the remedying manifold inconveniences and
great charge heretofore occasioned thereby ; to the intent also that the
selectmen may the more easily come to the certain knowledge of per-
sons and" their circumstances that come to reside and sojourn in such
town, —

452

Province Laws. — 1700-1.

[Chap. 23.]

Masters of
ships to give a
list of all pas-
sengers to the
receiver of im-
post, under a
penalty.
7 Gray, 237.

Justices em-
powered to
convent and
bind over mas-
ters that shall
neglect so to do.

Security to be
given to in-
demnify the
town from
charge, &c.

What persons
shall be re-
lieved at the
charge of the
province.

Court of gen-
eral sessions of
the peace to
enjoin the ob-
servance of this
law.

Receiver of im-
post to trans-
mit lists of pas-
sengers to the
town clerk.

Persons not
orderly admit-
ted into towns
shall not enjoy
privilege of
elections.

J^e it enacted by the Lieutenant- Governour, Council and Represen-
tatives in General Court assembled, and by the authority of the same,

[Sect. 1.] That every master of shi]3 or other vessel arriving in any
port within this jjrovince, from any other country, land, island, colony
or plantation, at the time of entring his ship or vessel with the receiver
of impost for the time being, shall deliver to such receiver a perfect list
or certificate under his hand of the Christian and sirnames of all jDas-
sengers, as well servants as others, brought in such ship or vessel, and
their circumstances so far as he knows, on pain of forfeiting the sum of
five pounds, to the use of the poor of the town or place where such
passengers shall be landed or sent on shore, for every passenger that he
shall omit to enter his or her name in such list or certificate, upon con-
viction thereof before his majesty's justices in the court of general
sessions of the peace within the same county where the offence is com-
mitted. And every justice of the peace is hereby impowred, upon
complaint made by the selectmen of such town or some of them, to
convent such master before him, and to require and take sufficient
security of him to appear and answer for his said offence in manner as
abovesaid, such complainants also giving bond to prosecute their
complaint.

And further it is enacted,

[Sect. 2.] That when it shall happen any passenger so brought to
be impotent, lame or otherwise infinne, or likely to be a charge to the
jDlace, if such person shall refuse to give security, or cannot procui-e
sufficient surety or sureties to become bound for his saving the town
from such charge, in such case the master of the ship or vessel in
which such person came shall be and hereby is obliged and required to
carry or send him or her out of this province again within the space of
two months next after their arrival, or otherwise to give sufficient secu-
rity as aforesaid to indempnify and keep the town free from all charge
for the reUefe and support of such impotent, lame or infirm person,
upon demand thereof made by the selectmen, unless such person was,
before, an inhabitant of this province, or that such impotence, lameness
or other infirmity befel or hapned to him or her during the passage ;
and in such case, if they be servants, their masters shall provide for
them, and others shall be relieved at the charge of the province. And
the justices of the general sessions of the peace are hereby imjDowred
to enjoyn and order the performance of what is hereinbefore required
of such master accordingly.

[Sect. 3.] And the receiver of impost is likewise required to inform
and notify all masters of ships and other vessels, coming to him to enter,
of the import of this act, and what is thereby enjoyned and required of
them, and not to admit an entry without such fist or certificate of the
names of the passengers (if any), or that the master give under his
hand that he brought none ; and every such receiver shall forthwith
transmit all lists or certficates of passengers to the town clerk of such
town where the ship or vessel that brought them shall lye, that the
selectmen may have knowledge of the same ; and such town clerk is
hereby required to lay all such lists or certificates returned to him
before the selectmen at their next meeting.

And be it further enacted by the authority aforesaid,

[Sect. 4.] That from and after the publication of this act, no per-
son whatsoever, comeing to reside or dwel within any town in this
province (other than freeholders or pi'oprietors of land in such town, or
those borne or that have served an apprenticeshij? there, and have
not removed and become inhabitants elsewhere), shall be admitted
to the priviledge of elections in such town (though otherwise qual-
ified), unless such person shall first make known his desire to the select-

[2d Sess.] Province Laws. — 1700-1. 453

men thereof, and obtain their approbation, or the approbation of the
town for his dwelling there.

[Sect. 5.] Nor shall any town be obliged to be at charge for the No town
relief and support of any person residing in such town (in case he or cha^^e fw re-***
she stand in need), that are not approved as aforesaid, unless such per- lief of persons

1 .• 1 /"i • • 1 .1 1 .1 ^ _ not approved aa

son or persons have continued their residence there by the space of aforesaid, un-
twelve months next before, and have not been warned in manner as the ll^M^g; 334
law directs, to depart and leave the town, any law, usage or custom to 385.
the contrary notwithstanding. "pfck^. «6^.*'

[Sect. 6.] And if any person orderly warned to depart from any 5/pigj^^48g
town whereof he or she is not an inhabitant, and being sent, by warrant 7 Gray,'230,'237.
from a justice of [the] peace, unto the town whereto such person prop-
erly belongs, or to the place of his or her last abode, shall presume to Persons orderly
return back, and obtrude him- or herselfe upon the town so sent from senifout^o" any
by residing there, every person so offending shall be proceeded against town returning
as a vagabond. [jPassed March 12 ; published March 14, 1700-1. ceeded wi^th as

vagabonds.
10 Mass. 508.
4 Mass. 129.
18 Pick. 544.

454 Province Laws.— 1700-1. [Chap. 24.]

ACT

Passed at the Session begun and held at Boston,
ON THE Sixteenth day of April, A.D. 1701.

CHAPTER 24.

AN ACT TO IMPOWER THE TREASURER TO ISSUE FORTH BILLS OF CREDIT.

JBe it enacted by the Lieutenant- Govemour, Council and Representa-
tives in General Court assembled, and by the authority of the same,

That the treasurer be and is hereby impowred to issue forth a certain
number of the bills of credit of the late colony of the Massachusetts,
to the sum of one thousand pounds, and no more, for procuring of
stores of war, and for the paying and dischargeing of debts already due
from the province, and the future growing charge of the same ; which
bills shall pass out of the treasury at the value therein expressed, the
treasurer to have credit in his accompts for so many bills as he shall so
emit and issue forth, at the same value as they were received into the
treasury ; and the said bills shall be taken and accepted in all publick
payments at the sum therein expressed. [Passed and published April
19, 1701.

Notes. — The engrossments of all the acts of this year are preserved except of chapter 8 ;
and of this, the original bill is on file in the Secretarj^'s Office. All the foregoing acts were
printed except chapters 12 and 13, and two private acts, passed at the second session, bearing
the following titles: —

" An Act To enable Thomas Coram of Boston, Shipwright, to prosecute the Appeals by him
made from several Judgements given against him in the Inferiour Court of Common Pleas,
holden at Bristol on the second Tuesday of January, 1700, at the next Superiour Court to be
held for the Count}' of Bristol." — [Apjivoved Mar. 12, 1700-1.

" An Act Enabling John Bumab}' of Boston, Merchant, to have a Tryal of his Appeal from
the Judgement of Penn Townsend Esq', one of his Ma''» Justices of the Peace, at the next
Court of General Sessions of the Peace, to be holden at Boston for the County of Suffolke."
—\Approved Mar. 12, 1700-1.

The acts of the several sessions of this year were sent to Solicitor-General Hawles at the
following dates, respectively; viz, first session, Nov. 1, 1700; second session, June 27,1701;
third session, July 15, 1701.

The Solicitor's report on the acts of the first session, dated Feb. 7, 1700-1, was received
by the Board of Trade on the 13th of the same month, and expresses his opinion that all said
acts, except chapters 11 and 12, " are agreeable to Law & Justice, and do not contain any-
thing prejudicial to his Majesty's Royal Prerogative." The Board immediately took into con-
sideration the report and the acts aforesaid, and, after several adjournments, completed and
signed their " representation " May 28, 1701. Chapters 7, 8 and 11, they represent, " being
temporary, are either •already expired or will have had their full effect in a very short time, for
which reason we conceive nothing further requisite to be done upon them." Against all the
other acts, the}' continue, "we see no objection; and are, therefore, humbly of opinion that
your Majesty may be pleased to approve the same." All these acts were, thereupon, approved
by the Privy Council, on the twelfth of June, 1701, and on the same day the special order con-
cerning chapter 12 was passed, as hereinafter printed.

Nothing has yet been found in the archives of the Public Record Office indicating that the
law officers of the Crown ever reported upon the acts of the second and third sessions of this
year, except that it appears from the journals of the Board of Trade that these acts were con-
sidered by the Board on the 27th and 28th of November, 1710, after they had been repeatedly
sent either to the Attorney- or Solicitor-General, in the years 1701, 1706 and 1707.

Chap. 4. "June 13"", 1718.— In the House of Representatives, June 11* 1718: A question
being moved upon the second section or paragraph in the Act providing for posthumous chil-

[Notes.] Province Laws. — 1700-1. 455

dren, and such as have no legacy given them by will, — Whether the said Act doth extend to
the grandchild, in case of the death of the father or mother, as to the child himself if living? —

Resolved in the affirmative ; and that the Law is so to be understood and practiced, any
usage or custom to the contrary notwithstanding.

In Council, read and concur'd. Consented to: Samii- SnUTE.

— Council Records, vol. X., p. 277.

Chap. 11. " — And in case the said Act for giving necessary supplyes to the Eastern Indians
&" hath been already confirmed by Ilis Majesty, I conceive in such case that the Act now pro-
posed is reasonable and fit (if his Majesty shall so please) to be confirmed by his Majest}'."

— Opinion of Solicitor-G titer alllawles, Feb. 7, 1700-1.

Chap. 12. " — And there being a resolution taken and an Order settled by his Majesty in
Council as to all the Acts of the Plantations of that nature (as I remember) I doe not think it
proper for me to give any opinion therein." — Ibid.

" At the Court at Kensington, the 12"" of June, 1701. Present, The King's most Excellent
Majesty in Councill :

Whereas, upon the Representation of the Lords Commissioners for Trade and Plantations, Hi's
Majesty hath been pleased to approve of an Act past the 29"" of May, 1700, at a Generall
Assembly of the Massachusets Bay, in New England, entituled an Act for granting the sume
of XIOOO unto his Excellency Richard, Earle of Bellomont, But, by the Constitution of that
Government, His Lordship could not be allowed to receive the same without his Majesty's
approbation, And the said Earl being dead [he died Mar. 5, 1700-1] since the passing of the
said Act, His Majesty is graciously pleased to allow his Executor the benefit thereof, and
accordingly did this day Order in Council That the said sume of one thousand pounds, intended
as a present to the said Earl of Bellomont, be paid to his Lady or to such person as is or shall
be legally entituled thereunto. Whereof all persons concerned are to take notice and govern
themselves accordinglv. John Povey."

—Pub. Rec. Office : New Eng., Board of Trade, 32, i?. 438.

Chap. 23. " Dec. 2, 1720. In Council : A Question being moved upon the fifth & sixth Para-
graphs or Sections in an Act Directing the Admission of Town Inhabitants, made & pass'd in
the twelfth & thirteenth Years of King William the third, — Whether the Words in the fifth
Section, "And have not removed & become Inhabitants elsewhere" do equally refer unto Free-
holders or Proprietors of Lands in Towns, as to those born or that have served an Apprentice-
Bhip there? Resolved in the Aflirmative; And that the Law ought so to be Understood.

In the House of Represent'": Read &; Non-Concur'd." — Council Records^ vol. XL, p. 88.

Chap. 24. "June 25"^, 1700. A Resolve in the Words following was past by the board &
Sent down to the Representatives for Concurrance ; Viz', —

Resolved, That Elisha Hutchinson, John Foster, Peter Sergeant & Nath' Byfield, Esq", be a
Committee of the Board, to joyne with a Committee of the Representatives, to consider of
methods for the reviving & Support of Trade and Commerce, and to Enable the Inhabitants of
this province to pay publick Taxes, by Endeavouring to find out Some Suitable Medium to
Supply the Scarcity of money; and that the s* Committee be Empowered to Call in the advice
of such merchants & others as they shall See Cause; —

Which Resolve was returned from the House of Representatives with their concurrance
thereupon Entred, and the Vote of that House, That Thomas Hinklc}' Esq"', M' Peter Tuft, M'
Thomas Sturgis, Cap' John Browne, Cap' Samuel Phips, and Cap' Timothy Stevens be a Com-
mittee to Join with the Committee of the Board in the affair aforesaid. — Council Records,
vol VII., p. 109.

ACTS,

Passed 1701— 2.

[457]

ACTS

Passed at the Session begun and held at Boston,
ON the Twenty-Eighth day of May, A.D. 1701.

CHAPTER 1.

AN ACT FOR PREVENTING OF DISPUTES RELATING TO ACTIONS AND
PROCESSES, DEPENDING IN THE SEVERAL COURTS OF JUSTICE WITHIN
THIS PROVINCE BY REASON OF THE DISALLOWANCE AND REPEAL OF
THE ACT INTITULED "AN ACT FOR THE ESTABLISHMENT OF PRECE-
DENTS AND FORMS OF WRITS AND PROCESSES IN CIVIL CAUSES," AND
OF ANOTHER ACT, INTITULED " AN ACT FOR REGULATING AND DIRECT-
ING THE PROCEEDINGS IN THE COURTS OF JUSTICE ESTABLISHED
WITHIN THIS PROVINCE."

Be it enacted hy the Lieutenant- Governour^ Coxmcil and Mepresenta-
tives in General Court assembled, afid by the authority of the same.

That all and all manner of writs, processes, declarations, precepts,
actions, suits, appeals, reviews, bonds, recognizeances, and other things
whatsoever that were or shall he returnable, had or shall have day or
days in any of the courts of justice within this province, verdicts, judge-
ments, pleas, and other matters and things therein depending not fully
made up, rendred, given and determined, shall be and are hereby con-
tinued, and shall be received, pleaded, heard and jDroceeded upon in the
same manner and to the like intent, force and effect in law as if the said
acts for the estabhshment of precedents and formes of writts and 1698, cliap. 5.
processes in civil causes, and for regulating and directing the proceed- 1697, chap. 9.
ings in the courts of justice established within this province, had not
been annulled, repealed and made void, and the rejDcal of the same not-
withstanding. And all partys that had day by any writt, process, dec-
laration, precept, appeal, review, plea, bond, recognizeance or otherwise
howsoever, or for what cause soever, at or in any of the courts of justice
within this province, shall by virtue thereof be as fully bound and incur
the like pains, penalties and forfeitures for any default as they should
or ought to have incurred if the said acts, intituled as aforesaid, and
eveiy of them had been approved and were now in full force. {^Bassed
and published June 3.

CHAPTER 2.

AN ACT PRESCRIBING FORMES OF WRITTS IN CIVIL CAUSES.

JBe it enacted by the Lieutenant- Governour, Council and Hepresenta-
tives in General Court assembled, and it is enacted by the authority of
the same,

[Sect. 1.] That all civil actions, other than such as are cognizeable
belbre a justice of the peace, shall be originally heard and tryed in an

460

Peoyince Laws. — 1701-2.

[Chap. 2.]

Summons.
8 Mas3. 91.

inferiour court of common pleas, except in suits where the king is con-
cerned which may be brought in any of his majesty's courts within this
province at the pleasure of the prosecutor. And the proper original
process of summons, capias, or attachment, and the writt of execution in
civil actions betwixt party and party shall be made out in the formes
following ; that is to say, — •

S , ss.

William the Third, by the grace of God, of England, Scotland, France and Ire-
land, King, Defender of the Faith, &c., to the sheriffe or marshal of our county of
S., his undersherifFe or deputy, greeting : We command you that you summon
A. B. of C, addition (if he may be found in your precinct), to appear before
our justices of our court of to be holden at B. within and for our said

county of S. on the Tuesday of , then and there in our said court to

answer to D. E. of R., within our county of M. addition in a plea of
to the damage of the said D. E. (as he saith) the sum of pounds, which shall

then and there be made to appear with other due damages. And have you there
this writt with your doings therein. Witness E. H., Esqr., at B., the day of

, in the year of our reign, annoque Domini A. D., Clerk.

Capias or at-
tactimeut.

Summons when
goods are at-
tached.

Execution.

S-

8S.

William the Third, by the grace of God, of England, Scotland, France and Ire-
land, King, Defender of the Faith, &c., to the sheriffe or marshal of our county of
S., his undersherifFe or deputy, greeting : Wee command you to attach the goods
or estate of R. F. of B., within our county of S. addition to the value of
pounds, and for want thereof to take the body of the said R. F. (if he may be
found in your precinct), and him safely keep, so that you have him before our jus-
tices of our court of , next to be holden at B. within and for our said
county of S. on the Tuesday of , then and there in our said court to
answer unto D. S. of R., within our county of M. addition in a plea of
to the damage of the said D. S. (as he saith) the sum of pounds, which shall
then and there be made to appear with other due damages. And have you there
this writt with your doings therein. Witness E. H., Esqr., at B., the day of
, in the year of our reign, annoque Domini A. D., Clerk.

S-

William the Third, by the grace of God, of England, Scotland, France and
Ireland, King,;_Defender of the Faith, &c., to A. B. of B., within our county of S.,

addition " greeting: We command you that you appear at our next
court of to be holden at B. within and for our county of S. aforesaid, on

the Tuesday of , then and there to answer to C. D. of R., within our

county of M. addition in a plea of , which plea the

said C. D. hath commenced against you, to be heard and tryed at the said court,
and your goods or estate are attached to the value of pounds, for

security to satisfy the judgement which the said C. D. may recover upon the afore-
said tryal. Fail not of appearance at your peril. Witness E. H., Esqr., at B.,
the day of in the year of our reign, annoque Domini

A. D., Clerk.
S , S3.

William the Third, by the grace of God, of England, Scotland, France and
Ireland, King, Defender of the Faith, &c., to the sheriffe or marshall of our
county of S., his undersheriffe or deputy, greeting : Whereas C. L. of R., within
our county of S., addition by the consideration of our justices of our
court of holden at B., for and within our county of S. aforesaid, on the

Tuesday of recovered judgement against D. T. of B., in the county

of M., addition for the sum of pounds, shillings and pence

debt or damage, and pounds, shillings and pence costs of suit,

as to us appears of record, whereof execution remains to be done, wee command
you, therefore, that of the goods, chattels or lands of the said D. T. within your
precinct, you cause to be paid and satisfied unto the said C. L., at the value
thereof in money, the aforesaid sums, being pounds shillings and

pence in the whole, with two shillings more for this writt, and thereof also to
satisfy yourselfe for your own fees. And for want of goods, chattels or lands of
the said D. T.'s, to be by him shewn unto you, or found within your precinct to
the acceptance of the said C. L. to satisfy the sums aforesaid, we command you to
take the body of the said D. T., and him commit unto our goal in B., in our

[1st Sess.J Province Laws. — 1701-2. 461

county of S. aforesaid, and detain in your custody within our said goal, until be
pay the full sums above mentioned, with your fees, or that he be discharged by the
said C. L., the creditor, or otherwise by order of law. Hereof faile not, and
make return of this writ with your doings therein into our said court of

to be holden at B. within our county of S. aforesaid upon the Tues-

day of next. Witness E. II., Esqr., at B., the day of in the

year of our reign, annoque Domini A. D., Clerk.

And be it further enacted hy the authority aforesaid.,
[Sect. 2.] That all processes and writts, as well original as judicial,
issuing out of the clerk's office of the superiour court of judicature
shall bear test of the chief justice, and upon any vacancy of such chief
justice, then of the senior justice of said court for the time being. And
all original or judicial processes or writts issuing out of the clerk's office
of the inferiour court of common pleas shall bear test of the first justice
named in the commission for holding such court, and upon any vacancy
by his death or removal, then of the justice next named in the said
commission, for the time being. \_Passed and published June 3.

CHAPTER 3.

AN ACT PRESCRIBING THE FORME OF WRITTS FOR POSSESSION, SCIRE
FACIAS, AND REPLEVIN.

Se it enacted by the Lieutenant- Governour, Council and Representa-
tives in General Court assembled, and by the authority of the same.

That the writt for putting such into possession of any lands or ten-
ements as shall recover judgement for the same, and for levying the
costs and damages recovered upon such suit, commonly called a writt
oi facias habere possessionem, and writt of feri facias, as also the
writt of scire facias, to be issued out of the superiour or inferiour com't
respectively, and the writt of replevin shall be from time to time
granted and issued in the forme following ; that is to say, —

-, S3.

William the Third, by the grace of God, of England, Scotland, France and Writ offacias
Ireland, King, Defender of the Faith, &c., to the sheriffe or marshal of our said J?nm^nd5?eri
county of S., his undersheriffe or deputy, greeting : Whereas A. B., of C, facias.

addition before our justices of our court of holden for or

within our county of S. aforesaid at B., upon the day of by the con-

sideration of our said court recovered judgement for his title and possession of
and in acertain messuage or tenement, with the appurtenances, or
acres of land, &c., lying and being in the town of D., against E. F., of G.,
addition who 'had unjustly Avithheld, put out or amoved the said A. B.
from his possession thereof, and also at the said court recovered judgement for
pounds, shillings and pence for costs and damages which he sus-

tained by reason of the same, as to us hath been made to appear of record. Wee
command you, therefore, that without delay you cause the said A. B. to have
possession of and in the said messuage or tenement, with the appurtenances, or
said acres of land, &c. We also command you, that of the goods, chattels

or lands of the said E. F.'s within your precinct at the value thereof in money,
you cause the said A. B. to be paid and satisfied the aforesaid sum of
pounds, shillings and pence which to the said A. B. was adjudged for

his costs and damages, with two shillings more for this writt, and thereof also to
satisfy yourselfe for your own fees. And for want of such goods, chattels or lands
of the said E. F., to be by him shcAvn unto you or found Avithin your precinct to
the acceptance of the said A. B. to satisfy the aforesaid sum, wee command you
to take the body of the said E. F. and him commit unto our goal in B., in our
county of S. aforesaid, and detain in your custody within our said goal, until he
pay the full sum above mentioned, with your fees, or that he be discharged by the

462

Province Laws. — 1701-2.

[Chap. 4.]

Writ of scire
facias.

"Writ of replev-
in.
8 Allen, 401.

said A. B., or otherwise by order of law. Hereof falle not, and make return of
this writt with your doings therein unto our said court of to be holden

at B. upon the day of next. Witness E. H., Esqr., at B., the

day of next, in the year of our reign, annoque Domini

A. D., Clerk.

S , ss.

William the Third, by the grace of God, of England, Scotland, France and
Ireland, King, Defender of the Faith, &c., to the sheriff or marshal of our said
county of S., his undersheriif or deputy, greeting : Whereas C. D., of B.,
addition before our justices of our court of holden for or within

our said county of S., at B., on the day of in the year of our

reign, by the consideration of our said justices recovered against A. B., of E.,

addition the summ of pounds, shillings and pence, debt or

damage, and also pounds, shillings and pence for costs and charges by
him about his suit in that behalfe expended, whereof the said A. B. is convict, as
to us appears of record. And although judgement be thereof rendred, yet the
execution for the said debt or damage and costs doth yet remain to be made,
whereof the said C. D. hath supplicated us to provide remedy for him in that be-
halfe ; now to the end that justice be done, wee command you that you make
known unto the said A. B. that he be before our justices of our said court

of to be holden within or for our said county of S., at B., on the day of

to shew cause (if any he have), wherefore the said C. D. ought not to have
his execution against him, the said A. B., for his debt or damage and costs afore-
said, and further to do and receive that which our said court shall then consider,
and have there then this writt, with your doings therein. Hereof faile not.
Witness E. H., Esqr., at B., the day of in the year of our reign,

annoque Domini A. D., Clerk.

S , sa.

To the sherifFe or marshal of the said county of S., his undersheriif or deputy,
or constables of the town of B., within the said county, or to any or either of
them, greeting: In his majesty's name you are required to replevie belong-

ing unto T. P., of B., addition now distrained or impounded by J. G.,

of B., addition and deliver the said unto the said T. P., provided

he give bond to the value of pounds, with sufficient surety or suretys to

prosecute his replevin at the next inferiour court of common pleas, to be holden at
B., for the county of S. aforesaid, on the day of and so from court to

court until the cause be ended, and to pay such costs and damages as the said J.
G. shall recover against him. Hereof faile not, and make true return of this
writt, with your doings therein, unto the said court. Dated in B. the day

of in the year of his majesty's reign, annoque Domini

A. D., Clerk.

And the like forme of scire facias and replevin to be observed for
matters cognizeable before a justice of peace, mutatis mutandis.
[JE'assed June 11 ; published June 12.

CHAPTER 4.

Summons for
appearance.

AN ACT PRESCRIBING THE FORMES OF WRITTS IN CASES TRYABLE BEFORE
A JUSTICE OF THE PEACE.

Se it enacted by the I/ieutenant- Governour^ Council and Hepresen-
tatives in General Court assembled^ and it is enacted hy the authority
of the same,

[Sect. 1.] That the several formes of -writts and processes here-
under written shall be and hei'eby are established to be the fonnes to
be granted and used in civil causes tryable before a justice of the peace ;
that is to say, —

S , ss.

To the shcriffe or marehal of the said county of S., or either of their deputys
or constables of the town of B., within the said county, or to any or either of

[1st Ses8.] Province Laws.— 1701-2. 463

them, greeting : In his majestie's name you are required to summon and give no-
tice unto T. v., of B. aforesaid addition (if he may be found in your
precinct), that he appear before me, J. D., Esqr., one of his majesty's justices of
the peace for the county aforesaid, at my dwelling-house in B., on the
day of at of the clock in the noon, then and there to answer to E.
L., of M., addition in a plea of to the damage of the said E. L.
(as he saith) the sum of shillings, as shall then and there appear with other
due damages. You are also hereby lurther required to signify unto the said T. P.
that he may not faile in the premisses, as he will answer the contempt at the |5eril
of the law in this case made and provided. And of this writt, with your doings
therein, you are to make true return unto myselfe at or before the said day
of Dated at B. aforesaid, the day of in the year of his
majesty's reign, annoque Domini J- D-

S , ss.

To the sheriffe or marshal of the said county of S., or either of their deputies Warrant for
or constables of the town of B., within the said county, or to any or either of contempt,
them, greeting : Whereas T. P., of B. aforesaid addition was served

with summons granted by me, J. D., Esqr., one of his majesty's justices of the
peace for the county aforesaid, for his appearance before me on the

day of to answer to E. L. of M. addition in a pica of

And whereas the said T. P. hath made default in his said appearance, these are
therefore in his majesty's name to will and require you to take the body of the
said T. P. (if he may be found in your precinct), and him safely keep, so that he
may be had before me, the said J. D., at my dwelling-house in B., on the

day of at of the clock in the noon, as well to answer the said

E. L. of his plea aforesaid as for his said contempt, and make true return of this
writt, with your doings therein, unto myselfe, at or before the said day of

Dated at B. aforesaid, the day of in the year of his

majesty's reign, annoque Domini J. D.

ss.

To the sheriffe or marshal of the said county of S., or either of their deputys or Capias or nt-
constables of the town of B. within the said county, or to any or either of them, taclinient.
greeting: In his majesty's name you are required to attach the goods or estate of
T. p., of B., aforesaid addition to the value of shillings, and for

want thereof to take the body of the said T. P. (if he may be found in your pre-
cinct), and him safely keep, so that he may be had before me, J. D., Esqr., one of
his majesty's justices of the peace for the county aforesaid, at my dwelling-house
in B., on the day of at of the clock in the noon, then

and there to answer to E. L., of M., addition in a plea of to the

damage of the said E. L. (as he saith) the sum of shillings, as shall then

and there appear with other due damages. Hereof faile not, and make due re-
turn of this writt, and of your doings therein, unto myselfe, at or before the said
day of Dated at B. aforesaid, the day of in the year

of his majesty's reign, annoque Domini J. D.

S , ss.

To T. P. of D. in the county of S. addition greeting : In his majesty's Summons when

name you are commanded to appear before me, J. D., Esqr., one of his majesty's fa^hwl*'^*'
justices of the peace for the county aforesaid, at my dwelling-house in B., on
the day of at of the clock in the noon, to answer unto E. L.

of M. addition in a plea of , which plea the said E. L. hath com-

menced to be heard and determined before me ; and your goods or estate are
attached to the value of shillings for security to satisfy the judgement which

the said E. L. may recover upon the aforesaid tryal. Faile not of appearance at
your peril. Dated at B. aforesaid the day of , in the year of

his majesty's reign, annoque Domini J- D-

S , ss.

William the Third, by the grace of God, of England, Scotland, France and Ire- Execution or
land, King, Defender of the Faith, &e., to the sheriffe or marshal of our said coun- warrant of dls-
ty of S. or either of their deputys or constables of the town of B., within our said '*^'''
county, or any or either of them, greeting : Whereas E. L. of M. addition
on the day of before J. D., Esqr., one of our justices of the peace for

our county aforesaid, recovered judgment against T. P. of B. addition for

the sum of shillings and pence debt or damage, and shillings and

464 Province Laws.— 1701-2. [Chap. 5.]

pence for charges of suit, as to us appears of record, whereof execution
remains to be done, wee command you, therefore, that of the money of the said
T. P., or of his goods or chattels within your precinct, at the value thereof in
money, you cause to be levied, paid and satisfied unto the said E. L. the aforesaid
sums, being pounds, shillings and pence in the whole, and also

that out of the money, goods or chattels of the said T. P. you levy two shillings
more for this writt, together with your own fees. And for want of such money,
goods or chattels of the said T. P.'s, to be by him shewn unto you, or found within
your precinct, to the acceptance of the said E. L. for satisfying the aforesaid sums,
wee command you to take the body of the said T. P. and him commit unto our goal
in B. And wee command the keeper thereof accordingly to receive the said T.
P. into our said goal, and him safely to keep until he pay the full sums above
mentioned with your fees, or that he be discharged by the said E. L. the creditor,
or otherwise by order of law. Hereof faile not, and make return of this writt
with your doings therein unto our said justice within sixty days next coming.
Witness our said justice at B. the day of , in the year of our

reign, annoque Domini J. D.

And he it further enacted by the authority aforesaid,
[Sect. 2.] That in case the defendant in any suit being duely served
with a capias or attachment, and return thereof made do not appear by
himselfe or his attoumey, judgement shall be entred up against him by
default. \_Passed June 5 ; published June 12.

CHAPTER 5.

AN ACT FOR EEGULATING OF TRTALS IN CIVIL CAUSES.

JBe it enacted by the Lieutenant- Governour, Council and Representa-
tives in General Court assembled, and by the authority of the same.
Writs, pleas, [Sect. 1.] That all writts, processes, declarations, indictments,

theEngiish plcas, answers, replications and entrys in the several courts of justice
tongue. within this province shall be in the English tongue, and no other ; and

Circumstantial that no summons, process, writt, judgement or other proceedings in
cause^ an abate- courts or course of justice shall be abated, arrested or reversed for any
ment. kind of circumstantial errors or mistakes where the person [or] [and]

^"' * case may be rightly understood and intended by the court, nor through
tobe^made *^ defect or want of fonne only ; and the justices on motion made in court
may order amendment thereof.

And be it further enacted and declared by the authority aforesaid.

Costs to be [Sect. 2.] That if any person shall cause process to be served upon

non°siiit",^&c. another on pretence of debt, trespass, or for any other matter or cause,

and discontinue his suit, or be nonsuit, the justices of the court where

such process is returnable shall give judgement for the defendant to

Judgment by recover reasonable costs. And in case the defendant in any suit, being

default. duely served with process, and return thereof made into the court

where the same is returnable, do not appear by himselfe or his attour-

ney, his default shall be recorded, and judgement be entred up against

him thereupon, unless before the jury be dismist he shall come into

court and move for a tryal, in which case he shall be admitted thereto

upon paying down to the adverse party the costs he has been at so far ;

and the plaintiif shall pay for entring the action anew.

Atid further it is enacted.

Justices of [Sect. 3.] That as well the justices of the superiour court of judica-

n^cessary nfies turc, court of assizc and general goal delivery, as the justices of the infe-

for practice; novir court of common pleas and justices of the court of general sessions

of the peace, in each respective county within this province, be and are

hereby respectively impowred to make necessary rules for the more

orderly practising in such court, so as that the said rules be not repugnant

[1st Sess.] Province Laws. — 1701-2. 465

to the laws of this province ; as also, from time to time, to appoint and —to appoint
settle a clerk to officiate in such court and to do all things proper to ^^^'^ '^ "^^
that office, who shall be under oath well and truely to execute and dis-
charge the same.

And be it further enacted hy the authority aforesaid.,

[Sect. 4.] That the clerk of each towne respectively within this Town clerk to
province, as well as the clerks of the several courts aforesaid, may and fjr wit*iicss?°°'
are hereby respectively impowred to grant summons for witness in
civil cavises, directed to the party to be summoned for witness, which
summons shall be made out in forme following ; that is to say, —

S , ss.

To A. B. of C. addilicm. greeting :

You are hereby requii-ed in his majesty's name to make your appearance before Summons,
the justices of our lord the king at the next court of to be holden at

B., within and for the county of S., on the Tuesday of to give evidence

of what you know relating to an action or plea of then and there to be

heard and trycd betwixt A. B., of C. addition plaintiff, and D. E., of F.
addition defendant. Hereof faile not, as you will answer your default under
the pains and penalty in the law in that behalfe made and provided. Dated at
B. the day of , in the year of his majesty's reign, annoqiie Domini

A. D., Clerk.

[Sect. 5.] And if any person or persons who shall be served with Penalty on wit-
lawful process or summons to testify, depose or give evidence concerning appeMfng.""*
any cause or matter depending in any of the courts aforesaid, and hav-
ing tendred unto him or them such reasonable sum or sums of money
for his or their costs and charges, as, having regard to the distance of
the places, is necessary to be allowed in that behalfe, do not appear
according to the tenour of the process or summons, having no lawful or
reasonable let or impediment to the contrary, that then the party so
making default shall for every offence lose &nd forfeit forty shillings,
and shall yield further recompence to the party agrieved, according to
the loss and hindrance that he shall sustain by reason of the non-
appearance of such witness or witnesses ; the said forfeiture and dam- Damages, how
ages to be recovered by the party so gi-ieved, against the oficnder or *** «»ecovere .
oftenders, by action of debt in the inferiour court of common pleas
within the same county, wherein no essoign, protection or wager of law
to be allowed.

[Sect. 6.1 And two shillings per diem shall be accounted due satis- witnesses'

r. ,• . -^ • ^ (. 1 • r 1 1 -, 1 allowance.

taction to any witness for his travel and expences, and no more to be
allowed in civil causes. And if such witness live within three miles of
the place of the court's sitting whereto he is summoned, and be not to
pass any ferry, then one shilling and sixpence per diem shall be
accounted sufficient.

[Sect. 7.] And no person serving as a justice, juror, witness or Ceremony to be
otherwise, shall be required to use any other ceremony in takeing of ^^1^ '"^ =^\vear-
their respective oaths than lifting up the hand, as has been accustomed.

And it is farther declared and enacted by the authority aforesaid,

[Sect. 8.] That it shall be in the liberty of the party agrieved at Liberty of ap-
the judgement given in any inferiour court of common pleas, to appeal fn^rior Tourt.
therefrom unto the next superiour court of judicature to be held within * ^^«^s- ^~"-
or for the same county ; and the party so appealing, before his appeal Sureties for ap-
be allowed, shall give sufficient security to prosecute the same with {)ai,'i',.''"" ^^^
effect, and to answer and pay all intervening damages occasioned to
the appellee by his being delayed, with additional costs, in case the
judgement be affirmed ; and execution shall be staid and suspended J^avelf'""
until after the tryal had upon the appeal.

And further it is enacted,

[Sect. 9.] That the party appellant shall produce and give in to Appellant to
the court where such appeal is to be tryed attested copies of the writt case-"^*^
59

466 Province Laws.— 1701-2. [Chap. 6.]

— togiverea- judgement, and of all the evidences filed in the inferiour court; and
fonrte^ndsfyT shall also file a declaration in the clerk's oftice of the inferiour court,
before trial. briefly setting forth the reasons of his appeal under his own or attor-
ney's hand, fourteen days at least before the day of the sittino- of the
court where the same is to be tryed ; and the clerk of the inferiour
court shall note thereupon, under his hand, the day of the receipt
thereof, and shall also transcribe a true copy thereof, and attest the
same at the charge of the appellant, to remain on file in the office, and
then deliver the original declaration made up under the seal of the
court to the appellant, by him to be transmitted arid presented to the
Each party to court where such appeal is to be tryed ; and each party shall be allowed
new piea\nd the benefit of any new and further plea and evidence : saving always
evidence. the liberty of appeal unto his majesty in council, as by his majesty's

royal charter in that behalfe is provided.

And be it further enacted by the authority aforesaid,
Execution not [Sect. 10.] That execution in any case shall not be granted until
in twelity'^four t-he expiration of twenty-four hours next after the entring up of
hours. judgement.

Persons impris- [Sect. 11.] And that no pcrsou imprisoned upon mean process shall
proves" n™tto^ ^® ^^^^^ ^^ prison upon such process above the space of thirty days next
be discharged after the riseing of the court where the same is returnable, notwith-
^ter judgmen^t. Standing judgement thereupon recovered, unless Buch person" be con-
tinued there by having his body taken in execution; nor shall the
prison-keeper discharge any such prisoner having judgement entre-d up
against him, within the said space of thirty days after the court's rising,
to the intent his body may be taken in execution, but by special order
of the party at whose suit he stands committed, signified in writing
Goods or estate under his hand. Nor shall anv goods or other estate, attached to

ftttiiciicu not to •/ o '

be reieiised in respond the judgement that shall be recovered on suit brought, be
ludgmenr '^^'^'^'^ released or discharged from such arrest until the expiration of thirty
7 Mass. 129. days next after renclring of judgement for the plaintiff in such suit, to
the intent that he may take the same by execution, for satisfying of
such judgement in whole or in part, so far as the value thereof can
extend, if he think fit, unless the judgement be sooner or otherwise
satisfied, any law, usage or custom to the contrary notwithstanding.
[Passed and published June 12.

CHAPTER 6.

AN ACT FOR REVIEW IN CIVIL CAUSES.

To THE intent there be no failure of justice, and that the party
against whom suit is brought be not foreclosed by a judgement given
against him, when as, upon a new tryal, he might be better provided of
new and further evidence for his defence, which jorobably could not be
obtained in so short time as by law is allowed for a tryal by appeal, —

Be it enacted by the Lieuteyiant-Governour, Council and JRepresen-
tatives in General Court assembled, and by the authority of the same,
Review of judg. ("Sect. 1.1 That it shall be in the liberty of the party agrieved at

ment given mL^ j _ , .„. ■'„ ^ • ^

the superior or the judgement given 111 any mieriour court ot common pleas, or in the
rartyTevtew- superiour court of judicature, respectiA^ely, by new process, to review the
ing to bring the gaid causc once in each court. And the party bringing such action of
7 Mass. 344. revicw shall produce and present attested copies of the writ, judge-
ment, and of all the evidences on file in the former tryal ; and each
party shall have the benefit of any new and farther plea and evidence :
iKi'brought*** 7:>/oviV?e<i no action of review shall be brought after the expiration of

[1st Sess.] Province Laws.— 1701-2. 467

three years from the time of rendring the judgement to be reviewed : after three
saving unto any infant, feme covert, or person non compos mentis, years,
imprisoned, in captivity, or out of tliis province, the term of three years, Saving.
next after their coming of full age or such imperfection removed, to
bring his or her action of review, and not afterward.

And it is further enacted,

TSect. 2.1 That execution shall not be staid or suspended for or by Execution not

■- r. -* /? • 1 f . xi "^ to be stayed by

reason ox any process ot review, any law, usage or custom to the con- reason of re-
trary notwithstanding. \_Passed June 1%', published June 21. ^^^^-

CHAPTER 7.

AN ACT RELATING TO ATTORNEYS.

Be it enacted by the Lieutenant- Governour, Council and Represen-
tatives in General Court assembled, and by the authority of the same,

[Sect. 1.] That the plaintifFe or defendant in any suit may plead or
defend his cause by himselfe in his proper person, or with the assistance
of such other person as he shall procure.

And be it further enacted,

[Sect. 2.] That all attournys commonly practising in any of the
courts of justice within this province shall be under oath, which oath
shall be administred to them by the clerk in open court before the jus-
tices of the same at the time of their being admitted to such practice, in
the tenour following ; that is to say, —

You shall do no falsehood nor consent to any to be done in the court, and if Attorney's
you know of any to be done you shall give knowledge thereof to the justices of °^^^'
the court, or some of them, that it may be reformed. You shall not wittingly and
willingly promote, sue or procure to be sued any false or unlawful suit, nor give
aid or consent to the same. You shall delay no man for lucre or malice, but you
shall use yourselfe in the office of an attorney within the court according to the
best of your learning and discretion, and Avith all good fidelity as well to the court
as to your clients. So help you God.

[Sect. 3.] And the fee to be allowed for an attourney in the supe- Fee,
riour court of judicature shall be twelve shillings, and in the inferiour
court of common pleas ten shillings, and no more ; and but one attour-
ney to be paid for in any case. And none but such as are allowed and
sworn attounieys as aforesaid shall have any fee taxed for them in bills
of costs, any law, usage or custom to the contraiy in any wise notwith-
standing. \_JPassed June 20 ; 2^^fblished June 21.

CHAPTER 8.

AN ACT PRESCRIBING THE FORME OF A WARRANT FOR COLLECTING OF
TOWN ASSESSMENTS, &c.

J3e it enacted and ordained by the Lieutenant- Governour, Council
and Representatives in General Court assembled, and by the authority
of the same,

[Sect. 1.] That the warrant to be issued by the selectmen or asses-
sors of the respective towns for the collecting and gathering in of town
rates or assessments shall be made in the fonne or tenour following ;
that is to say, —

468

Province Laws. — 1701-2.

[Chap. 8.]

Attested copy
of the warrant
to be given on
commitment.

1699-1700, chap.
2S>

Boston except-
ed from the

To the constable or constables of the town of A. within the county of S. and
every of them, greeting :

In his majesty's name you are required to k-vy and collect of the several per-
sons named in the list herewith committed unto you, each one his respective pro-
portion (therein set down) of the sum total of such list, being a tax or assessment
granted and agreed upon by the inhabitants of the said town of A. regularly as-
sembled, for defreying [o/"] the necessary charges arising within the same, and to
deliver and pay in the sum and sums which you shall so levy and collect unto A.
B., the treasurer of the said town (where any such is appointed), or to the select-
men, or to C. D. (who is by them appointed to receive the»same), and to compleat
and make up an accompt of your collections of the whole sum, at, on or before
the day of ; and if any person or persons shall neglect or refuse to

make payment of the sum or sums whereat he or they are respectively assessed
and set in the said list, to distrein the goods or chattels of such person or persons
to the value thereof and the distress or distresses so taken to keep by the space of
four days at the cost and charge of the owner, and if the owner do not pay the
sum or sums of money so assessed upon him within the said four days, then the
said distress or distresses so taken you are to expose and openly sell at an outcry
for payment of said money and charges, notice of such sale being posted up in
same publick place within the same town twenty-four hours beforehand ; and the
overplus coming by said sale (if any be), besides the»sum or sums of the assessment
and the charges of takeing and keeping of the distress or distresses, to be immedi-
ately restored to the owner. And for want of goods or chattels whereon to make
distress, you are to seize the body or bodys of the person or persons so refusing
and him or them commit unto the common goal of the said county, there to remain
until he or they pay and satisfy the several sum or sums whereat they are respec-
tively assessed as aforesaid, unless upon application made to the court of general
sessions of the peace the same or any part thereof shall be abated. Dated at A.
the day of , in the year of his majesty's reign, annoque Domini

And be it further enacted hy the authority aforesaid^
[Sect. 2.] That when the officer appointed for collecting any rates
or assessments, by virtue of such warrant, as aforesaid, shall seize the
body of any person or persons, for want of goods or chattels whereof to
make distress, and shall commit him or them to prison, he shall give an
attested copy of his warrant unto the keeper of the prison, and there-
upon certify under his hand the sum or sums such person or persons are
to pay as their proportion of the assessment, and that for want of goods
or chattels whereon to make distress he has seized his or their bodys ;
and such attested copy, with the certificate thereon nnder the hand of
the officer, shall be a sufficient warrant to require the prison-keeper to
receive and hold such person or persons in custody until he or they
shall pay their rates or assessments as aforesaid and charges of impris-
onment, with one shilling for the copy of the warrant.

And whereas^ in and by one clause or paragraph in the law intituled
" An Act diix3cting how rates or taxes [to be] granted by the general
assembly shall be assessed and collected," made and past in the twelfth
year of his present majesty's reign, amongst other things therein con-
tained, it is provided that all county and town rates shall be ajyortioned
by the selectmen or assessors of the several towns and ^yrecincts toithin
this 2)7'0vince, upon the inhabitants within the same, according to the
rule that shall from time to time be ^yresci'ibed and set by the act of the
general assembly for the aportioning and assessing of the publick taxes
that shall be granted unto his majesty in that same year, c&c, and it
being represented that the observation of the direction aforesaid is at-
tended with apparent inequality in the making of rates or assessments
for the defreying of town charges within the town of Boston, by reason
of the number of servants, youth and poor people within the same, and
a considerable part of the publick taxes from time to time granted imto
his majesty arising upon polls and housing and lands, —

Be it therefore enacted and declared by the authority aforesaid,
[Sect. .3.] That the town of Boston be and hereby is excepted from

[1st Sess.] Province Laws. — 1701-2. 469

tlic said general rule referring to town rates, and the selectmen or as- general rule
sessors thereof are to attend and observe the rules and directions given rate"!*°^°
by former laws in making and apportioning of the same, the aforesaid
act or anything therein contained notwithstanding. \^I^assed June 30 ;
published July 4.

CHAPTER 9.

AN ACT PROVIDING IN CASE OF SICKNESS.

Be it enacted by the Lieutenant- Govemour, Council and Repvesen-
tatives in General Court assembled^ and by the authority of the sanie^

[Sect. 1.] That, for the better preventing the spreading of infec- Selectmen to
tion, when it shall happen any person or persons coming from abroad ^f(IJJ.^**^ *^°'" *^®
or belonging to any town or place within this province to be visited, or
that late before have been visited with the plague, small pox, pestilen-
tial or malignant feaver, or other contagious sickness, the infection
whereof may probably be communicated to others, the selectmen of
such town be and hereby are impowred to take care and make effectual
provision, in the best manner they can, for the preservation of the in-
habitants, by removing and placeing such sick or infected person or
persons to and in a separate house or houses, and by providing of nurses,
tendance and other assistance and necessaries for them, at the charge
of the partys themselves, their parents or masters (if able), or other-
wise at the charge of the town or place whereto they belong.

[Sect. 2.] And in case it happen any person or pei-sons to be visited Towns to pay
with sickness in any other town or place than that whereto they belong, their own^'sick.
and thereby occasion a charge to such town, the selectmen shall lay the
accompt thereof before the justices in court of general sessions of the
peace, within the county where the town lyes whereto such person or
persons belong ; and the justices, having adjusted the accompt of such
charge, and allowed so much thereof as they judge reasonable, shall
order payment thereof to be made by the treasurer of such town, when
the persons themselves, their parents or masters, are unable to pay the
same. And w^hen it shall happen such indigent persons, not to be in-
habitants, or belonging to any town or place within this province, and
the proper charge thereof in case they need reliefe, then the charge of
their sickness shall be defreyed out of the publick treasury of the prov-
ince, by warrant from the governour, with the advice and consent of
the council.

And be it further enacted by the authority aforesaid,

[Sect. 3.] That, if need so require, any two justices of the peace Justices to
may make out a warrant, directed to the sheriffe of the county or his ^n^'foA^m^^'^'
deputy, or constables of the town or place where any such sick person pressing lodg-
or persons shall be, requiring them, or any of them, in his majesty's ^ '
name, with the advice and direction of the selectmen of the same, to
mipress and take up convenient housing, lodging, nurses, tendance and
other necessaries, for the accommodation, safety and relief of the sick.

And be it further enacted by the authority aforesaid,

[Sect. 4.] That if any person or persons, eeamen or passengers, Justices em-
belonging to or transported in any ship or vessel arriving to any port or ^e^t'^pcrsons'^^
harbour within this province, happen to be visited with the plague, coming on
small pox, pestilential or malignant fever, during the voyage, or to come vessel visited^^
from any ])lace where such sickness prevails and is common, any justice with sickness,
or justices of the peace within the county, to whom the notice or
information thereof shall be given, shall forthwith take care to prevent
and restrain all persons belonging to or transported in such ship or other

470

Province Laws. — 1701-2.

[Chap. 10.]

vessel from coming on shore, and if any be before on shore to send them

on board again, as also to restrain persons from going on board such

ship or vessel ; and to that end may make out a warrant, directed

to the sherifFe of the county or his dej^uty, or constables of the same

town, who are accordingly impowred and required to execu.te the same.

Intelligence to And such justicc or justices are forthwith to transmit the intelligence

to the'govern- thereof to the governour or comiBander-in-chief for the time being, who

or- is hereby impowred, with the advice and consent of the council, to take

such further order therein as they shall think fit for preventing the

spreading of the infection. [^Passed Jlcne 25 ; published June 28.

CHAPTER 10.

AN ACT IN ADDITION TO AN ACT FOR THE SETTLEMENT AND SUPPORT
OF SCHOOLS AND SCHOOL-MASTERS.

1692-3, chap. 6. Wheeeas it is by law appointed, '•'•That every town within this prov-
ince, having the nu^nber of fifty householders or iqnoards, shall be con-
stantly provided of a school-master, to teach children and youth to read
and write / and where any to%m% or towns have the number of one hundred
families or householders, there shall also be a gramtnar-school set up in
every such town, and soine discreet person, of good conversation, well
instructed in the tongues, procured to keep such school, every such school-
master to be suitably encouraged and paid by the inhabitants^^ — the ob-
servance of which wholesome and necessary law is shamefully neglected
by divers towns, and the penalty therefore not required, tending greatly
to the nourishing of ignorance and irreligion, whereof grievous com-
plaint is made ; for redress of the same, —

Be it enacted and declared by the Lieutenant- Gov ei'nour, Council and
Representatives in General Court assembled, and by the authority of the
same,

[Sect. 1.] That the penalty or forfeiture for non-observance of the
said law shall henceforth be twenty pounds per annum, and so jjropor-
tionably for a lesser time that any town shall be without such setled
school-master respectively, to be recovered, paid and imployed in man-
ner and to the use as by the law is directed ; any law, usage or custom
to the contrary notwithstanding.

[Sect. 2.] Every grammar-school master to be approved by the
to"be approved, minister of the town, and the ministers of the two next adjacent towns,
or any two of them, by certificate under their hands.

And be it further enacted,

[Sect. 3.] That no minister of any town shall be deemed, held or

accepted to be the school-master of such town within the intent of the

law.

Justices to see [Sect. 4.] And the justices of peace in each respective county are

ance of th^iaw. hereby directed to take effectual care that the laws respecting schools

and school-masters be duely obseiwed and put in execution ; and all

in^quire^and grand jurors, within their respective countys, shall diligently inquire

eslhereof*^^*^^' ^"^^ make presentment of all breaches and neglect of the said laws,

that so due prosecution may be made against the ofienders. \_Passed

and published June 28.

Penalty for non'
observance of
the law.

Grammar-
school masters

No minister to
be a school-
master.

[1st Sess.] Province Laws.— 1701-2. 471

CHAPTEE 11.

AN ACT TO PREVENT AND MAKE VOID CLANDESTINE AND ILLEGAL PUR-
CHASES OF LANDS FROM THE INDIANS.

Whereas the government of the late colonys of the Massachusetts
Bay and New Plymouth, to the intent the native Indians might not be
injured or defeated of their just rights and possessions, or be imposed
on and abused in selling and disposing of their lands, and thereby
deprive themselves of such places as were suitable for their settlement
and improvement, did, by an act and law passed in the said colonys
respectively many years since, inhibit and forbid all persons purchasing
any lands of the Indians without the licence and approbation of the
general court, notwithstanding Avhich, sundry persons for private lucre
have presumed to make purchases of lands from the Indians, not having
any licence or approbation as aforesaid for the same, to the injury of
the natives, and great disquiet and disturbance of many of the inhab-
itants of this province in the peaceable possession of their lands and
inheritances lawfully acquired ; therefore, for the vacating of such
illegal purchases, and preventing of the like for the future, —

Be it enacted and declared by the LieutenaM- Governour\ Council and
Representatives in General Court assembled^ and by the authority of
the same^

[Sect. I.} That all deeds of bargain, sale, lease, release or quit- All deeds of
claim, titles and conveyances whatsoever, of any lands, tenements or &c^ffi-om in*.'
hereditaments within this province, as well for term of years as forever, J^ia"3 without
had, made, gotten, procured or obtained from any Indian or Indians by lo rick. 499
any person or persons Avhatsoever, at any time or times since the year ^'^ ^^^- ^^^■
of our Lord one thousand six hundred thirty-three, without the licence
or approbation of the respective general courts of the said late colonys
in which such lands, tenements or hereditaments lay, and all deeds of
bargain and sale, titles and conveyances whatsoever, of any lands, ten-
ements or hereditaments within this province, that since the establish-
ment of the present government have been or shall hereafter be had, made,
gotten, obtained or procured from any Indian or Indians, by any person
or persons whomsoever, without the licence, approbation and allowance
of the great and general court or assembly of this province for the
same, shall be deemed and adjudged in the law to be null, void and of
none eflect : provided, nevertheless, —

And it is, 7ioticith$tanding, hereby enacted and declared,

[Sect. 2.] That all such purchases, releases and titles heretofore Proviso for
had or obtained from any Indian or Indians by any town or person sons^haviug"^
whatsoever of any lands or hereditaments which such town or person *'tie derived

1111 T'l • f • ^ -I 1-Ti ii'om the geu-

also hold and enjoy, by virtue or any grant or title made or derived by erai court,
or from the general court of either of the colonies aforesaid, and all
releases, purchases, conveyances and titles which any town or person
shall hereafter make, procure or obtain of any Indian or Indians for any
lands, tenements or hereditaments granted, or that shall be granted by
the general court to such town or person, before such purchase or title
made or obtained from any Indian or Indians, shall be, and hereby are
excepted out of this act, and be held for good and valid in the law, any
thing herein contained notAvithstanding : provided, also, —

[Sect. 3.] That if any person or persons, or town in this province Saving for
to the eastward of Piscataqua River, have heretofore purchased or ea^twarcTof
obtained any Indian deed or title for any lands, tenements or heredita- Piscataqua
ments in those parts, or if any person or persons have heretofore pur- tha's Vineyard
chased or obtained any Indian deed or title for any lands, tenements or and Nantucket,
hereditaments in the Island of Capawock, cdias Martha's Vineyard, or

472

Province Laws. — 1701-2.

[CHAr. 12.]

Penalty on per-
sons that shall
make purchases
without license.

Leases of land
from the In-
dians to be ap-
proved by the
court of ses-
sions of the
peace.
Proviso for
sale from In-
dian to Indian.

the dependencies thereof, now known by the name of Dukes County,
or in the Ishmd of Nantuckett, for further confinuation of their other
Lawful titles and possessions, this act or any thing therein contained
shall not extend or be construed to extend in any wise to vacate or
make void such Indian deed or title, any thing herein contained to the
contrary notwithstanding.

A7id be it further enacted by the authority aforesaid^
[Sect. 4.] That if any person or persons whatsoever shall, after the
publication of this act, presume to make any purchase or obtain any
title from any Indian or Indians for any lands, tenements or heredita-
ments within this province, contrary to the true intent and meaning of
this act, such person or persons so oiFending, and being thereof duly
convicted in any of his majestie's courts of record within this province,
shall be punished by fine and imprisonment, at the discretion of the
court where the conviction shall be, not exceeding double the value of
the land so purchased, nor exceeding six months' impi'isonment.
And be it further enacted by the authority aforesaid^
[Sect. 5.] That all leases of land that shall at any time hereafter
be made by any Indian or Indians for any term or terms of years, shall
be utterly void and of none efiect, unless the same be made by and
with licence first had and obtained from the court of general sessions
of the peace in the county where such lands lye : provided^ nevertheless^
that nothing in this act shall be taken, held or deemed in any wise to
hinder, defeat or make void any bargain, sale or lease of land made by
one Indian to another Indian or Indians. \_Passed June 26 ; published
June, 28.

CHAPTER 12.

AN ACT FOR ESTABLISHING OF A NAVAL-OFFICE, AND FOR ASCERTAIN-
ING OF THE FEES.

Be it enacted by the Lieutenant- Governour^ Council and Represen-
tatives in General Court assembled^ and by the authority of the same,

[Sect. 1.] That in every seaport within the province there be an
office kept to be called and known by the name of the naval-office, as
has been accustomed, for the entring and clearing of all ships and other
vessels trading to or from this province ; and the fees to be demanded
and received in the said office shall be these following, and no other ;
that is to say, —

For entring of ships and vessels trading to this province
from abroad (except from the provinces and colonies of
Pensilvania, New Yorke, East and West Jerseys, Con-
necticot, Rhode Island and New Hampshire), one shil-
ling each, .*£0 Is. Od.

And for vessels trading to or from either of the said prov-
inces or colonies, four shillings per annum, or sixpence
entry and sixpence clearing each voyage, at the master's
choice,

For examining and recording certificates that bond is given

according to the acts of navigation, two shillings, . .020

For a bond given according to the acts of navigation, two

shillings, 020

For dealing and certificate of the lading, two shillings and

sixpence, . . 026

* These columns are not in the engrossed act.

[1st Sess.] Province Laws.— 1701-2. 473

And be it further enacted hy the authority aforesaid,
[Sect. 2.] That if any person imployed in the said office shall
demand or take any other or greater fees than by law are allowed, or
shall illegally delay and defer the entring or clearing any ship or other
vessel, such officer so oiFending shall be liable to double costs and dam-
ages, being thereof duely convicted in any of his majesty's courts of
record within this province. \_^Passed and published June 28.

CHAPTER 13.

AN ACT TO ENCOURAGE THE SOWING AND WELL MANUFACTURING OF
HEMP WITHIN THIS PROVINCE.

Whereas the raising of well-manufactured hemp within his majesty's
dominions will be of great service and advantage to the crown, as well
as benefit to his majesty's subjects ; for encouragement therefore, to
such as shall undertake the same within this province, —

Be it enacted by the Lieutenant- G over nour, Council and Hej^resen-
tatives in General Court assembled, and it is enacted by the authority
of the same,

[Sect. 1.] That such persons as, at or before the last day of the Company to be
month of May, in the year of our Lord one thousand seven hundred the goVernor
and two, shall enter into a partnership or company, and become and council,
engaged and obliged in such manner as the governour and council shall
approve, to purchase and take ofl" all such merchantable hemp raised
Avithin this province, and ofiered to them for sale at the rate of four-
pence farthing per pound at any time or times within the space or term
of three years, and not exceeding seven years, from the publication of
this act, shall be ordered the repayment of the farthing a pound, out of Drawback of a
the publick treasury of this province, upon their or their agents laying pound."
an accompt on oath before the governour and council, of the quantitys
of hemp by them bought from time to time, with the names of the
particular ^^ersons of whom, and the place of their abode, and shewing
forth receipts imder their hands to vouch the payment therefore, as also
makeing oath that bona fide the seller did affirme such hemp to be of
the growth or product of this province, and that they knew nothing to
the contrary.

[Sect. 2.] And if any person shall sell any hemp unto the said i'£^°aity for
company, affirming the same to be of the growth of this province, "o ™of^the''™^
which is not really and truely so, and receive pay for the same after ^™7-V!.°*L*,'?v,,

,, c- -TTi -i*^/. -T 1 rr»T proviuce wliicn

the rate aioresaid, and be thereoi convicted, such person so oiiendmg is not so.
shall forfeit and pay double the value of the hemp so sold, one moiety
thereof unto his majesty, for and towai'ds the support of the govern-
ment within this province, and the other moiety to the use of the said
company.

And be it further enacted by the authority aforesaid,

[Sect. 3.] That no hemp shall be accounted merchantable, within Jf^»t hemp to
the intent of this act, but such as shall be bright, well cured and water- merchantable,
rotted, of four foot at least in length, and cleansed fit for use, and so
certified under the hand of one or more surveyer or surveyers, being
able, skilful persons, to be appointed by the governour, by and with the
advice and consent of the council ; and such surveyers, so to be
appointed as aforesaid, shall have an oath administred unto them by the
governour, or any two members of the council, of the tenour following;
that is to say, —

474

Province Laws. — 1701-2.

[Chap. 14.]

Surveyors'
oatli.

No ropemaker
to work up
dew-rotted
hemp.

You swear well and faithfully to execute the office of surveyer of hemp,
(whereto you are appointed), after your best skil and cunning, with all fidelity,
and without any jDartiality, favour or affection ; and that you will not pass your
certificate for any but such as in your judgement and conscience you shall judge
to be merchantable, of due cize, and well manufactured, as the law directs. So
help you God.

[Sect. 4.] And for all hemp which the surveyer or surveyers shall
approve for merchantable, the company shall pay him for his service in
surveying of the same, and for all other he or they shall be paid by the
person that offers the same to sale.

[Sect. 5.] And no ropemaker whatsoever shall worke up any dew-
rotted hemp for cables or rigging, on pain of forfeiting double the value
of such wares, one-halfe to the informer, the other halfe to the poor of
the town in which it was wrought up, to be recovered by action, bill,
plaint or information in any of his majestie's courts of record. [^Passed
June 19 ; published June 21.

CHAPTER 14.

AN ACT FOR FURTHER CONTINUEING OF SEVERAL ACTS THEREIN MEN-
TIONED THAT ARE NEAR EXPIRING.

1699-1700, chap.

19.

1099-1700, chap.

20.

1699-1700, chap.

22.

1699-1700, chap.

13.

Officers misem-
ploying of lines
received on im-
presses, liow to
be punished.

Whereas the act intituled "An Act for levying souldiers," the act
intituled "An Act for punishing of officers or souldiers who shall
mutiny or desert his majesty's service," and the act intituled "An Act
to prevent the deserting of the frontiers of this province," all made and
passed by the great and general court or assembly of this province, in
the twelfth year of his present majesty's reign, and the act intituled
" An Act for giving necessary supplies to the Eastern Indians, and for
regulating of trade with them," passed in the eleventh year of his said
majesty's reign, are near determining and expiring ; and forasmuch as,
under the present conjuncture of aflairs, it is of absolute necessity that
the said acts or laws be continued, —

-Be it therefore enacted by the JLieutenant- Governour, Council and
JRepresentatives in General Court assembled^ and by the authority of
the same,

[Sect. 1.] That the several acts and laws intituled as aforesaid ;
that is to say, "An Act for levying souldiers," "An Act for punishing
of officers or souldiers who shall mutiny or desert his majesty's service,"
" An Act to jDrevent the deserting of the frontiers of this province,"
and " An Act for giving necessary supplies to the Eastern Indians, and
for regulating of trade with them," and all and singular the paragraphs,
clauses and articles, powers, penalties, forfeitures, matters and things
in the said several acts, and every of them respectively contained, be,
and hereby are revived and further continued to abide and remain in
full force, and to be exercised, practised and put in execution, to and
for the ends, intent, uses and purposes in the said acts respectively
mentioned, until the end of the session of the great and general court
or assembly, to be convened, held and kept upon the last Wednesday
of May, which will be in the year of our Lord God one thousand seven
hundred and two, any proviso or limitation in the said acts or either of
them to the contrary in any Avise notwithstanding.

A7id be it further enacted by the authority aforesaid,

[Sect. 2.] That if the captain or chief officer of any military com-
pany or troop, who have or sliall receive the fine or sum of ten pounds
set by the aforesaid act, intituled "An Act for levying souldiers," from

[IstSess.] Province Laws.— 1701-2. 415

any person to excuse him from the service upon an impress, as by said
act is expressed, and shall not imploy and dispose thereof as the said
act directs, or that shall conceal, imbezel or misimploy the same, con-
trary to the true intent thereof, the colonel or chief field-officer of the
regiment whereto such captain or other chief officer of a particular
company or troop does belong-, on notice or complaint thereof to him
made, shall appoint and require the captain or chief officer of each
company and troop within his regiment, to meet at such time and place
as he shall direct, and shall convent the captain or officer complained of
before them, or so many of them as then and there shall be met, being
the major part of the captains or chief officers of the companies and
troops within such regiment, who shall inquire of the said offi^nce, and
examine witnesses, upon oath, relating thereto, and, upon due convic-
tion, shall sentence the offender to make restitution of the money by
him concealed, imbezelled and misimj^loyed as aforesaid, and may
further punish him by fine not exceeding double the value of the money
so concealed, imbezelled or converted to his own use, to and for the use
of the company, as they shall think fit and the aggravation of the
offence may require ; and may restrain and keep him in safe custody
until the said fine be paid, and restitution made as aforesaid ; or may
make out a Avarrant of distress, directed to such officer by name, belong-
ing to the same regiment, as they shall think fit, to distrain the same of
the offender's goods and chattels, and for want thereof to imprison his
body until he make full restitution and satisfaction, with charges. And
if the chief field-officer of any regiment offend in manner as abovesaid,
he shall be convented and alike proceeded against before the governour
and council. \_JPassed June 16 ; published June 21.

CHAPTER 15.

AN ACT GRANTING UNTO HIS MAJESTY AN EXCISE UPON WINES, LIQUORS
AND STRONG DRINK SOLD BY RETAIL.

Wee, his majesty's loyal and dutiful subjects, the representatives of
this his province of the Massachusetts Bay in New England, taking into
consideration the growing charges of the province for support of the
government thereof, and defraying of the incident and contingent charges
in and about the same ; for the subsisting and paying of wages to soul-
diers and seamen imployed in his majesty's service within this province;
and for the payment of such salaries and allowances as have been or
shall be made by the general assembly, or directed by any act thereof
to be made out of the publick treasury, have cheerfully and unanimously
given and gi-anted, and do hereby give and grant unto his most excel-
lent majesty, for the ends, uses and intents aforesaid and no other, an
excise upon all wines, brandy, rhum and other distilled liquors, ale,
beer, perry, cyder, mead and metheglin that shall be sold by retail
within this j^rovince, according as is herein after mentioned and ex-
pressed, and pray that it may be enacted, —

And he it accordingly enacted by the Lieutenant- Governour, Council
and Hepresentatives in Genercd Court assembled^ and by the authority
of the same,

[Sect. 1.] That the justices of the court of general sessions of the
peace in each respective county or place within this province, at their
first court after the twenty-ninth day of June in this present year, one
thousand seven hundred and one, according to the time stated and pre-
fixed by law, or at such other time as they shall appoint to meet, as
soon as conveniently may be after the said twenty-ninth day of June, in

476 Province Laws.— 1701-2. [Chap. 15.]

such countys where the time for holding the said court in course is not
nigh at hand, so they exceed not the third Tuesday in July next, shall
be and are hereby impowred to renew and grant licences to such and
so many i:»ersons within the same county to be innholders, common
victuallers, taverners and retailers of strong drink as they shall ]udo-e
suitable and for the conveniency and accommodation of the county,
having regard to the directions of the law in that respect ; and that
before their granting or renewing of such licences as aforesaid, said jus-
tices shall determine and apportion what each person so to be licensed
shall pay as an excise for his or her draught during the space of one
year, commencing from the said twenty-ninth day of June.

[Sect. 2.] And each person so to be licensed as aforesaid shall,
before his or her receiveing out the same from the clerk of the ])eace,
enter into recognizeance unto his majesty with one or more sufficient
surety or suretys, before one or more of the justices of such county, woll
and truly to pay the sum set and apportioned by the justices as afore-
said for his or her draught during the space aforesaid, by two equal pay-
ments ; that is to say, one moiety thereof at the expiration of each half
year, successively, from the said twenty-ninth day of June, unto the per-
son hereafter mentioned to be the receiver of the same.

And for the direction of the justices of the several courts of general
sessions of the peace in determining and apportioning the sum to be
paid by each retailer for his or her excise as aforesaid, —

He it further enacted hy the autliority aforesaid,

[Sect. 3.] That the said justices shall make a compvitation of what
the excise of such wines, liquors or strong drink as they may be in-
formed or probably conjecture each retailer shall sell within the said
space of one year will amount unto, according to the rates following ;
that is to say, for every gallon of common wine of the Western Islands,
the sum of iburpence ; for every gallon of Passado, Malago, Malmsey,
Canary or sherry Avines, the sum of eightpcnce ; for every gallon of
Madera, port wine, or other wines not of any of the sorts before men-
tioned, the sum of sixpence ; for every gallon of rhum, and all sorts of
distilled spirits, the sum of eightpcnce ; for every barrel of beer, ale,
perry or cyder, the sum of twelvepence ; for mead or metheglin, two
shillings a barrel ; and so in proportion for greater or lesser quantity ;
and having made such computation as aforesaid to determin and appor-
tion the sum to be paid by each retailer as aforesaid agreeable as near
as may be to what the same shall thereby amount unto.

And he it further enacted hy the aidhority aforesaid,

[Sect. 4.] That the clerk of the peace in each county shall, within
the space of one month next after the granting of licences as aforesaid
to the retailers in such county, transmit unto the treasurer and receiver-
general of this province a perfect list, under his hand, of the names of
the several j^ersons that shall be so licensed, together with the sum ap-
portioned to each of them respectively to be paid for excise*; and that
the treasurer of the province shcdl he the receiver of the said excise, unto
whom the res2:)ective retailers shall pay in the sum aptjoortioned unto
them att the time of granting their licences from time to time as the
same shall hecom^e due, according to the recognizeances to he hy them
given as aforesaid; and in case of any retailers faili^ig of paying in
the same, the said treasurer is hereby impoxcred and directed to p)utt in
suit on his majesty'' s hehalf the recognizeance or recognizeances of him,
her or them so mahing defaidt, any laic, custom or usage to the contra-
ry notioithstanding.

And to the intent that all persons who shall presume to sell without
licence may be suj)pressed and duly animadverted upon, —

* See the note to this section, p. ^S,post.

[1st Sess.] Province Laws. — 1701-2. 417

Be it further enacted by the authority aforesaid,

[Sect. 5.] That every person that shall presume to sell any wine,
brandy, rhum or other distilled liquors, beer, ale, perry, cyder, mead or
metheglin, by retail, without licence orderly obtained so to do, and not
having first given security in manner as is hereinbefore directed for pay-
ment of his excise, shall forfeit and pay a fine of four pounds for each
oiFence ; and upon a second conviction of selling without licence, over
and above the forfeiture aforesaid, shall be bound to the good behaviour,
with one or more suiRcient surety or suretys, and in special not to trans-
gress the law by selling without licence.

[Sect. 6.] And the oath of tAVo single witnesses, though at differ-
ent times, so as the distance of time be not more than one month the
one from the other, shall amount to a conviction ; the said fine or for-
feiture to be one-halfe thereof to the informer, and the other halfe to
and for the encouragement and support of a free grammar- or writing-
school or schools in the tOAVn where the offence is committed ; and in
case there be no such school or schools in the town where the offence
is committed, then to the use of such school or schools in the town
next adjacent within the same county, and to be paid accordingly.

[Sect. 7.] And one or more justice or justices of the peace, as
well as the court of general sessions of the peace, are hereby respec-
tively impowred to hear and determine any such offence or offences,
and to impose and set the fine aforesaid, any law, usage or custom to
the contrary notwithstanding.

[Sect. 8.] And in case any person, convict of such offence, shall be
unable to pay the fine so set, or cannot procure sufiicient surety or
suretys for the good behaviour, as aforesaid, upon a second conviction,
then the court, or the justice or justices before whom the same shall
be, may order the offender to be punished in such other manner as by
law is already in such case provided.

[Sect. 9.] And all grand jurors, sheriffs, undersheriffs, constables,
tythingmen, and such other persons as shall be appointed by the respec-
tive courts of general sessions of the peace for that service, shall be
and hereby are ordered, required and empowered to inquire, looke after,
present and informe of all persons that shall presume to transgress this
act ; and the court of general sessions of the peace may further en-
courage the persons so to be specially appointed, by allowing of them
two-thirds of the fine or forfeiture aforesaid as they shall find cause,
anything before written to the contrary notwithstanding.

And xchereas several persons that took forth licences for retailing of
wine, liquors and strong drink the last year, have neglected to keep
such exact accompts thereof as to give them in upon their oaths, and
others scruple the taking of any such oath, by reason whereof a con-
siderable part of the excise granted by act of the general assembly,
past at their session begun and held the twenty-ninth day of May, one
thousand seven hundred, remains uncollected and not paid ; and for as-
much as to put such retailers' recognizeance for j)aying said excise, in
suit, would be accounted severe, —

JBe it therefore further enacted by the authority aforesaid,

[Sect. 10.] That the commissioners ajDpointed for collecting and
receiving the said excise in the several countys, be and hereby are im-
powered to compound Avitli such retailers for their excise, and receive
of them such sum and sums as may be in proportion, as near as they
can judge, with what others pay that give in accompts upon oath, and
whose draught may be reasonably supposed to be near alike ; and that
the said commissioners do perfect their collections and make up their
accompts with the treasurer, on or before the first day of September
next ; and if any person or persons refuse to make reasonable composi-
tion and payment as aforesaid, then their recognizance to be put in suit.

478 Province Laws. — 1701-2. [Chap. 16.]

[Sect. 11.] And if any retailer or retailers shall, on the said twenty-
ninth day of June, in this present year, one thousand seven hundred and
one, have any wine, liquors or strong drink remaining unsold, with the
excise of which they have charged themselves in any accompt given in
to the commissioner, such retailer or retailers shall be abated the said
excise for such wines, liquors or strong drink remaining unsold ; and
the commissioners for excise are hereby respectively directed to abate
the same accordingly : 2^'''0vided.,

[Sect. 12.] This act shall continue in force until the twenty-ninth
day of June, one thousand seven hundred and two, and no longer.
[JPassedJune 18, 1701.

CHAPTER 16.

AN ACT FOR GRANTING UNTO HIS MAJESTY SEVERAL RATES AND DUTIES
OF IMPOST AND TUNNAGE OF SHIPPING.

Wee, his majestie's loyal and dutiful subjects, the representatives of
this his majestie's province of the Massachusetts Bay in New England,
taking into consideration the necessity of granting a supply of money
for defreying the necessary growing charges for support of the govern-
ment within this his majesty's province, and answering of the incident
and contingent charges in and about the same ; for discharge and pay-
ment of the debts already due from the province, and the subsisting and
paying of wages to souldiers and seamen im ployed in his majesty's ser-
vice at the castle and forts within this province and on board the prov-
ince galley ; 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 and granted
by the general assembly, or directed, by any act thereof, to be made out
of the province treasury, have cheerfully and unanimously given and
granted and do hereby give and grant unto his most excellent majesty
to the ends, uses and intents aforesaid, the several dutys of impost upon
wines, liquors, goods, wares and merchandizes that shall be imported
into tins province, and tunnage of shipping hereinafter mentioned and
expressed ; and pray that it may be enacted, —

And he it accordingly enacted hy the Lieutenant- Governour, Council
and Representatives in General Court assembled, and hy the autJiority
of the same,

[Sect. 1.] That, from and after the twenty-ninth day of June_ in
this present year, one thousand seven hundred and one, for and during
the continuance of this present act, there shall be paid by the importer
of all wines, liquors, goods, wares and merchandizes that shall be im-
ported into this province (salt, cotton wool, provisions and every other
thing of the growth and product of New England excepted), the sev-
eral rates and dutys of impost following ; 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 shil-
lings.

JFor every pipe of port wine, or wine of any of the sorts not before
mentioned, the sum often shillings.

And so proportionably for greater or lesser quantitys.

And for every gallon of rhum or other spirits, the sum of three halfe-
pence.

[1st Sess.] Province Laws.— 1701-2. 479

For every hundred pound sterling in English merchandizes, at the
prime cost in England, the sum of twenty shilUngs.

For every hogshead of sugar, two shillings.

For every hogshead of mollasscs, one shilling.

For every hogshead of tobacco, two shillings sixpence.

For every tun of loggwood, three shillirtgs.

And for all other commodoties, goods, wares and merchandizes (salt,
cotton wool, provisions and every other thing of the growth and product
of New England excepted as aforesaid), one penny for every twenty
shillings value here.

And be it further enacted hy the authority aforesaid,

[Sect. 2.] That all the aforesaid imposts, rates and dutys shall be
paid in currant money of this province, by the importer of any wines,
liquors, goods or merchandizes, unto the commissioner and receiver to
be appointed, as is hereinafter directed, for entring and receiving of the
same, at or before the landing of any wines, liquors, goods or merchan-
dizes ; and all entrys where the impost or duty to be paid doth not
exceed four shillings shall be made without charge to the importer, and
not more than sixpence to be paid for any other single entry to what
value soever.

And be it further enacted by the authority aforesaid,

[Sect. 3.] That all masters of ships and other vessels coming into
any harbour or port within this province from beyond sea, or from any
other province or colony, before bulk be broken, 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, Avithout
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
hands, and shall therein set down and express the quantitys and species
of the wines, liquors, goods and merchandizes laden on such ship or
vessel, Avith the markcs 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, contains a just and true accompt to the best of his knowledge
of the whole ladeing taken on board ancl 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 wines, 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, after which such master may unload, and not before, on
pain of one hundred pounds, to be forfeited and paid by each master
that shall neglect his duty in this behalfe.

And be it further enacted by the authority aforesaid,

[Sect. 4.] That all merchants, factors or other persons, importers,
being owners of or having any of the wines, liquors, goods, wares or
merchandizes consigned to them, that by this act are liable to pay im-
post or duty, shall, by themselves or order, make entry thereof, in writ-
ing under their hands, with the said commissioner or receiver, and pro-
duce unto him the original invoice thereof, and pay the duty and
impost by this act required, before such Avines, 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
the same shall be 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 Avharfe, or into any Avarehouse or other place, but in the

480 Province Laws.— 1701-2. [Chap. 16.]

daytime only, and that after sunrise and before sunset, 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 merchan-
dizes, and the lighter, boat or vessel out of which the same shall be
landed or put into any warehouse or other place.

[Sect. 5.] 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 hands as aforesaid, make a full
and j^erfect entry of such wines, liquors, goods and merchandizes, or
that the invoices thereof produced and shewn by any person or persons,
as by this act is directed, are not, really and bona Jide, the original
invoices of the wines, liquors, goods and merchandizes such person or
persons would then enter, in eveiy 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 commis-
sioner or receiver is hereby impoAvred to administer ; and if such per-
son 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,
[Sect. 6.] That every merchant or other person importing any
wines into this province, shall be allowed twelve per cent for leakage,
provided such Avines have not been filled up on board ; 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 twenty days afterwards, oath being made (if
required) before the commissioner or receiver that the same hath not
been landed above that time, the dutys and impost paid for such wine
shall be repaid unto the importer thereof.

And be it further enacted by the authority aforesaid,
[Sect. 7.] 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
as shall not be duely entred, and the duty paid for the same by the per-
son or persons to whom such wines, liquors, good^, wares or merchan-
dizes are or shall be consigned. And it shall and may be lawful to and
for the master of every shij) or other vessel to secure, and detain in his
hands, at the owner's risque, 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 Avines, liquors,
goods, wares or merchandizes as are not entred unto the commissioner
or receiver of tlie impost in such port, or his order, Avho is hereby im-
poAvred and directed to receive and keep the same, at the owner's
risque, until the impost thereof, with charges, be paid, and then to
deliver such wines, liquors, goods or merchandizes as such master shall
direct.

[1st Sess.] Province Laws.— 1701-2. 481

And he it further enacted by the authority aforesaid^
[Sect. 8.] That the commissioner or receiver of the impost in each
port shall be and hereby is impowred to sue the master of any ship or
vessel for the impost or duty for so much of the ladeing of wines, liq-
uors, 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,
[Sect, 9.] That the ship or vessel, with her tackle, apparel and fur-
niture, the master of which shall make default in anything by this act
required to be performed by him, 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 judgement recovered against such master, the said ship or
vessel, or so much of the tackle or appurtenances thereof as shall be
sufficient to satisfy said judgement, may be taken in execution for the
same ; and the commissioner and receiver of the impost is hereby im-
powred to make seizure of such ship or vessel, and detain the same
under seizure until judgement be given in any suit to be commenced
and prosecuted for any of the said forfeitures or impost, to the intent
that if judgement 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 behalfe, 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 satisfy the sum or value of the for-
feiture and dutys, with charges that shall be recovered against the mas-
ter 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 it is further enacted,

[Sect. 10.] That the naval officer within any of the ports of this
province shall not clear or give passes to any master of any ship or
other vessel, outward bound, until he shall be certified by the commis-
sioner and receiver of the impost that the impost and dutys for the
goods last imported in such ship or vessel are paid or secured to be
paid. And the commissioner or receiver of the impost is hereby im-
powi-ed 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, not exceeding three per cent
of the ladeing ; and the dutys payable by this act for such wines or
liquors in such bills of store mentioned and expressed shall be abated.
And be it further enacted by the authority aforesaid,
[Sect. 11.] That all penalties and forfeitures accrueing or arising
by virtue of this act shall be one halfe to his majesty, for the uses and
intents for which the aforementioned dutys of impost are granted, and
the other halfe to him or them that shall seize, infoime and sue for the
same by action, bill, plaint or information in any of his majesty's courts
of record, wherein no essoign, protection or wager of law shall be

482 Province Laws.— 1701-2. [Chap. 16.]

allowed, the whole charges of prosecution to be taken out of the halfe
belonging to the informer.

And be it further enacted by the authority aforesaid,

[Sect. 12.] That there shall be paid by the master of every ship or
other vessel coming into any port or ports in this province to trade or
traffick, the major part of the owners whereof are not belonging to this
province, except such vessels as belong to the provinces or colonys of
Pensilvania, West and East Jersey, New York, Connecticot, Road
Island or New Hampshire, every voyage such ship or vessel does make,
the sum of twelvepence per tun or one pound of good new gunpowder
for eveiy tun. such ship or vessel is in burthen, to be paid unto the com-
missioner or receiver of the dutys of impost, and to be imployed for the
supply of his majesty's castle and forts within this province.

[Sect. 13.] And the said commissioner is hereby impowred to ap-
point a meet and suitable person to repair unto and on board any ship
or vessel to take the exact measure or tunnage thereof, in case he shall
suspect that the register of such ship or vessel doth not express and set
forth the full burthen of the same, the charge thereof to be paid by the
master or owner of such ship or vessel before she be cleared, in case she
appear to be of greater burthen, otherwise to be paid by the commis-
sioner out of the money received by him for impost, and shall be allowed
him accordingly by the treasurer in his accompts. And the naval offi-
cer shall not clear any vessel until he be also certified by the said com-
missioner that the duty of tunnage for the same is paid, or that it is
such a vessel for which none is payable according to this act.

A7id be it further enacted by the authority aforesaid,

[Sect. 14.] That there be one fit person and no more nominated
and appointed by this court as a commissioner and receiver of the afore-
said dutys of impost and tunnage of shipping, and for the inspection,
care and management of the said office and whatsoever relates there-
unto, to receive commission for the same from the governour or com-
mander-in-chief for the time being, with authority to substitute and ap-
point a deputy-receiver in each port besides that wherein he resides,
and to grant warrants to such deputy-receivers for their said places, and
to collect and receive the imposts and tunnage of shipping aforesaid
that shall become due within 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 entrys
and dutys 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 moneys as shall be in his hands as
the treasurer shall demand it.

[Sect. 15.] And the said commissioner and receiver, and his deputy
and deputys, before their entring upon the execution of their said office,
shall be sworn to deale truely and faithfully therein, and shall attend
in the office from nine to tweh' e of the clock in the forenoon and from
two to five of the clock in the afternoon. And the said commissioner
and receiver for his labour, care and expences in the said office shall
have and receive out of the jDrovince treasury the sum of seventy pounds
per annum, and his deputy or deputys to be paid for their service such
sum and sums as the said commissioner and receiver, with the treasurer,
shall agree upon reasonable termes. And the treasurer is hereby or-
dered, in passing and receiving the said commissioner's accompt, accord-
ingly to allow the payment of such salary or salarys as aforesaid to him-
selfe and his deputy or deputys : provided,

[Sect. 16.] That this act shall continue in force from the publica-
tion thereof until the twenty-ninth day of June, which will be in the
year of our Lord one thousand seven hundred and two, and no longer,
\_Passed June 24 ; published June 28.

[1st Sess.] Province Laws.— 1701-2. 483

CHAPTER 17.

AN ACT FOR GRANTING UNTO HIS MAJESTY A TAX UPON POLLS AND

ESTATES.

Wee, his majestie's loyal and dutiful subjects, the representatives of
this his majestie's province of the Massachusetts Bay in New England,
convened in general assembly, having had before us the accompts of
the treasury, and being thereby sensible of the necessity of granting a
further supply of money, as well for the paying and dischargeing of the
debts already due and owing from the province as of the future growing
charge thereof; for subsisting and paying of wages to souldiers and sea-
men and A'cssels' hire that are or shall be imployed in his majesty's ser-
vice within this province ; for payment of the remainder of what is due
to souldiers and others on the accompt of debts contracted in the time
of Sir Edmund Andros his government, according to the adjustment
and settlement thereof made or to be made by the committee appointed
for that affair ; for the paying of such salaries, gratuities and allowances
as have been or shall be made by the general court or assembly, and
such allowances and payments as are directed by any act thereof to be
made out of the publick treasury ; and for support of the government
and answering of the incident and contingent charges in and about the
same ; do unanimously grant unto his most excellent majesty for the
ends, uses and intents before mentioned, and no other, a tax of six
thousand forty-one pounds nine shillings and sixpence, to be levied
upon polls and estates both real and personal within this 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- Gover?ioiir, Council and Hepre-
sentatives in General Court assembled^ and by the aicthority of the
same,

[Sect. 1.] That the treasurer do forthwith send out his waiTants,
directed unto the selectmen, 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 rate-
able male polls above the age of sixteen years, at three shillings on the
poll (except the governour or commander-in-chief and family, the pres-
ident, fellows and students of Harvard Colledge, elders of churches,
setlecl ministers, grammar-school masters, and such who through age,
infirmity or extream poverty, in the judgement of the selectmen, trus-
tees or assessors, are rendred incapeable to contribute towards publick
charges who are hereby exempted as well from being taxed for the poll
as for the estate being in their own hand and under their actual man-
agement and improvement), 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), in whose hands, tenure, occupa-
tion or possession soever the same shall be found, and incomes by any
trade or faculty which any persons do or shall exercise, except as before
excepted, at one penny on the pound ; and to abate or multiply said
sum, if need be, so as to make up the sum hereby set and ordered for
such town or precinct to pay ; and, in making their assessment, to esti-
mate houses and lands at six years' income of the yearly rent whereat
they are or may reasonably be set or let for in the places where they
lye, and the landlord to re-imburse the tenant onc-halfc of the tax set
upon the houses and lands where no contract appears to the contrary ;
and to estimate Indian, molatto and negi'o servants proi)ortionably, as
other personal estate, according to their sound judgement and dis-
cretion ; also to estimate every ox of four years old and upwards at foity

484

Province Laws. — 1701-2.

[Chap. 17.]

shillings ; every cow of three years old and upwards at thirty shillings ;
every horse of thi-ee years old and upwards at forty shillings ; every
swine of one year old and upwards at eight shillings ; and every sheep
of one year old and upwards at four shilling's ; likewise requiring the
assessors, selectmen or trustees to make a fair list of the said assess-
ment, setting forth in distinct columns against each particular person's
name how much he is assessed at for polls, and how much he is assessed
at for houses and lands, and how much for his personal estate and in-
come by his trade or faculty ; and the list or lists so perfected and signed
by them or the major part of them, to commit to the collector, con-
stable 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 him-
selfe sometime before the last day of August next.

[Sect. 2.] And the treasurer, ujx)n receipt of such certificate, is here-
by impowred and ordered to issue forth his warrants to the collectors,
constable or constables of such town, requiring him or them respec-
tively to collect the sum total of the list or lists to him or them com-
mitted, and to pay the same as they shall collect it into the treasury,
and issue the accompts thereof with himselfe or his successor in said
ofiice at or before the last day of December next ensueing.
And be it further enacted by the authority aforesaid^
[Sect. 3.] That each town and precinct within this province shall
be assessed and pay as its proportion to this present tax the sum here-
after following ; that is to say, —

IK THE COUNTY OF SUFFOLK.

Boston,eleven hundred and twelve pounds eight shillings, £1,112 8s. Oc?.

Roxbury, ninety-six pounds ten shillings and sixpence, . 96 10 6
Dorchester, one hundi'ed twenty-eight pounds fourteen

shillings, 128 14 0

Milton, forty-five pounds nine shillings, . . . 45 9 0

Brantrey, ninety -three pounds twelve shillings, . . 93 12 0

Weymouth, fifty-eight pounds ten shillings, . . . 58 10 0

Hingham, one hundred pounds nineteen shillings, . 100 19 0

Dedham, seventy pounds four shillings, . . . 70 4 0

Wrentham, sixteen pounds nineteen shillings, . . *60 19 0

Medfield, fifty-eight pounds ten shillings, . . . 58 10 0

Mendon, twelve pounds, 12 0 0

Hull, thirty-five pounds two shillings, . . . . 35 2 0

Woodstock, nine pounds, 9 0 0

IK THE COUNTY OF ESSEX.

Salem, two hundred thirty-four pounds,
Ipswich, two hundred and sixty pounds eight shilUngs,
Newberry, one hundred seventy-nine pounds eleven
shillings, ........

Salisbury, fifty-two pounds thirteen shilhngs,
Aimsbury, twenty-four pounds, . .
Topsfield, forty-six pounds sixteen shillings, .
Haverhill, fifty-four pounds, .....

Andover, sixty-six pomids, .....

Bradford, twenty-four pounds, ....

Marblehead, ninety-six pounds twelve shillings, .
Lynn, ninety-one pounds seven shillings,
Wenham, thirty-nine pounds eighteen shillings, .
Beverly, sixty-eight pounds two shillings, .
Glocester, fifty-one pounds six shillings,

* Sic.

234 0 0
260 8 0

179 11 0

52 13 0

24 0 0

46 16 0

54 0 0

66 0 0

24 0 0

96 12 0

91 7 0

39 18 0

68 2 0

51 6 0

[1st Sess.]

Province Laws. — 1701-2.

485

Manchester, eleven pounds fourteen shillings, . . £11 145. Od.

Rowley, seventy pounds four shillings, . . . 70 4 0

Boxford, thirty-four pounds four shillings, . . . 34 4 0

IN THE COUNTY OF MIDDLESEX.

Cambridge, one hundred and two pounds nine shillings, 102 9 0
Charlestown, one hundred fifty-two pounds two shil-
lings, . . 152 2 0

Watertown, one hundred fifty-three pounds eighteen

shillings, 153 18 0

Newton, fifty-seven pounds, 57 0 0

Sudbury, seventy-three pounds four shillings, . . 73 4 0

Marlborough, fifty-four pounds, . . ... 54 0 0

Medford, nineteene pounds one shilling, . . . 19 1 0

Maulden, forty-eight pounds six shillings, . . . 48 6 0

Woobourne, eighty-five pounds thirteen shillings, . 85 13 0

Reading, sixty-three pounds, 63 0 0

Bilrica, thirty-two pounds seventeen shillings, . . 32 17 0

Chelmsford, forty-three pounds nineteen shillings, . 43 19 0

Concord, eighty-seven pounds fifteen shillings, . . 87 15 0

Stow, six pounds, ........ 600

Groton, thirty-three pounds, 33 0 0

Lancaster, eighteen pounds, . . . . . . 18 0 0

Sherborne, thirty-two pounds two shillings, . . . 32 2 0

Framingham, nine pounds, 9 0 0

Dunstable, nine pounds, 9 0 0

IN THE COUNTY OF HAMPSHIKE.

Springfield, seventy-two pounds, 72 0 0

Northampton, seventy-two povinds, . . . . 72 0 0

Hadley, forty-eight pounds, 48 0 0

Hatfield, thirty-seven pounds four shillings, . . . 37 4 0

Southfield, twenty-one pounds, 21 0 0

Westfield, twenty -four pounds, 24 0 0

Enfield, twelve pounds, 12 0 0

Deerfield, six pounds, 6 0 0

IN THE COUNTY OF YOEKE.

Yorke, eighteen pounds, 18 0 0

Wells, twelve pounds, 12 0 0

Kittery, forty-two pounds, 42 0 0

IN THE COUNTY OF PLYMOUTH.

Plymouth, seventy-nine pounds one shilling, . . 79 1 0

Situate, one hiindred and fourteen pounds, . . . 114 0 0

Marshfield, sixty-one pounds ten shillings, . . . 61 10 0

Duxborough, forty pounds nineteen shillings, . . 40 19 0

Bridgewater, sixty pounds, 60 0 0

Middleboro, fourteen pounds fourteen shillings, . • 14 14 0

IN THE COUNTY OF BAENSTABLB.

Barnstable, ninety-two pounds two shillings,
Yai-mouth, fifty-eight pounds ten shillings,
Eastham, fifty-seven pounds.
Sandwich, seventy-two pounds,
Falmouth, eighteen pounds, .
Manamoy, eighteen pounds, ,
Rochester, eighteen pounds, .
Harwich, twenty-four pounds,

92 2 0

58 10 0

57 0 0

72 0 0

18 0 0

24 0 0

£66 Os.

. 0^.

93 12

81 18

18 0

68 8

64 7

61 10

36 0

10 10

36 0

17 8

486 Province Laws.— 1701-2. [Chap. 17.]

IN THE COUNTY OF BRISTOL.

Bristol, sixty-six pounds,

Taunton, ninety-three pounds twelve shillings,
Dartmouth, eighty-one pounds eighteen shillings,
Freetown, eighteen pounds, .....
Rehoboth, sixty-eight pounds eight shillings,
Swanzey, sixty-four pounds seven shillings, .
Little Compton, sixty-one pounds ten shillings, .

Tiverton, thirty-six pounds,

Attleborough, ten pounds ten shillings,

IN DUKES COUNTY.

Edgar Town, thirty-six pounds, ....
Tisbury, seventeen pounds eight shillings, .
Chilmarke, seventeen pounds eight shillings,

Nantuckett, fifty-five pounds ten shillings, . . . 55 10 0

AjuI be U further enacted,

And be it further enacted by the authority aforesaid,

[Sect. 5.] That the treasurer be and is hereby impowred to issue
forth a certain number of the bills of credit of the late colony of the
Massachusetts, to the sum of six thousand pounds and .no more, towards
the uses for which this present tax is granted, which bills shall pass out
of the treasury at the value therein expressed, the treasurer to have
credit in his accompts for so many bills as he shall so emit and issue
forth at the same value they were received into the treasury ; and the
said bills shall be taken and accepted in all publick payments at the
sum therein expressed, and this present tax to be a fund for the repay-
ment of all such sums in said bills as shall be in the hands of particular
persons, in currant money of this province. \Passed June 30 ; pub-
lished July 4.

Notes. — During this year there were five sessions of the General Court, — the fifth beginning
Feb. 18, and ending Feb. 28, 1701-2, — all under one writ. For this reason the j'ear appears,
here, as " 1701-2." although all the foregoing acts were passed at the first session and within
the J'ear 1701. The engrossments of all these acts are preserved, except of chapter 15, which is
here printed from the original bill in the archives of the Secretary's office. Chapters 15, 16
and 17 were never printed.

The same course was pursued, by the Board of Trade, with the acts of this year as with those
of the previous year. As the three years, fixed by the charter as a limit for the action of the
Privy Council in disallowing the acts passed by the General Court, did not begin to run until
those acts were actually laid before the Council, the Lords Commissioners of Trade, after the
accession of Queen Anne, appear to have determined upon the policy of withholding from the
Privy Council all acts of the provincial legislature, with a few special exceptions in urgent
cases, until the effect of their operation should have been practically tested. This would seem
to be, from various indications, some of which will appear in the notes hereafter printed, a more
probable explanation of the absence of ax\j record of the Privy Council's action upon those
laws, than the supposition, merely, of negligence or delay on the part of the law officers of the
crown. r, ,. .

On the 23d of May, 1707, when the acts of this year were, a second time, sent to the Solicitor-
General, the last three chapters were marked " expired."

CAaj9. 2, sect. 2. "February 17, 1762. In the House of Representatives : Whereas, upon
the resignation of several of the first Justices of the Inferior Courts of Common Pleas in divers

[Notes.] Province Laws. — 1701-2. 487

Counties in the Province, others have been commissioned in their stead and qualified themselves
accordingly, Since which, divers Processes and Writs have Issued out of the Clerks' Offices of
said Courts, bearing the Teste of such Justices that have so resigned; For removing all excep-
tions against the validity of such Processes and Writts, bearing such Teste, —

Kesolved, That all Writts and Processes, whatsoever, that have issued or shall issue, until the
25'^ of March next, out of any of the Clerks' Offices of any of such Courts where such new
appointment hath been made, bearing the Teste of the late first Justices, so far as relates to
such Teste, shall be deemed, and they hereby are declared to be, to all intents & purposes what-
soever, as valid and eflcctual in Law as if said Writts and Processes bore the Teste of the
present first Justices of said Courts. In ('ouncil: Read and Concurred.

Consented to by the Governor." — Council llecords, vol. XXIV., p. 268.

Chap. 6. " November G"-, 1705. A Resolve was pass'd in the House of Representatives, &
sent up relating to the Act for Review in Civil Causes; viz., —

Resolved, that as au Explanation of the said Law, each Party (Plaintiff or Defendant) that
hath not had a Review in each Court, may review in each of said Courts once, and no more,
and that a Bill be drawn accordingly ; W'*" Resolve being read, was not Agreed to. The Board
being of Opinion that the Law as it now stands has made sufficient Provision; And Tryals by
Review being equally for the Benefit of both Parties, as well as Original Tryals." — Council
Records, vol. VIJI., p. 172.

Chap. 8, sect. 3. — See act of 1692-3, chapter 28, and notes thereto, on p. 107, ante.

Chap.Q. "June 29,1722. In the House of Represent'" : Whereas, Pursuant to the Act
Providing in Case of Sickness, made & pass'd in the thirteenth Year of the Reign of William
the third. The Justices, as Occasion required, have issued out their Warrants for Removing Per-
sons infected with the Small Pox unto separate Houses, to prevent the Spreading of such In-
fection; And of late a Doubt hath arisen Whether, by the said Act, the Justices were Impow-
ered so to Do, It is expedient that the Law, & the true Intent & Meaning thereof be made cer-
tain by a Resolve of this Court, Having Consideration of the late Act in Addition to the afore-
said Act made in the fourth Year of his present Majestie's Reign, —

The Question was put, Whether the Justices are Impowered, with Advice & Direction of the
Select Men of the several Towns, to remove Persons infected to separate Houses, to prevent the
Spreading of any Infection ?

It Pass'd in the Affirmative. In Council: Read." — Council Records, vol. XL, p. 336.

Chap. 11. " — And also that the Act to prevent and make void Clandestine and Illegal Pur-
chases of Land from the Indians be sent to Coll. Dudlej', to know the reason of the Assembly's
making this Act, there being such a one before, and to explain the Proviso (Sect. 3J in the said
Act relating to Martha's Vineyard." — Order of Lords of Trade, July 22, 170G.

" — We desire to know the Reason of the Assembly's passing this Act, And that you wou'd
explain the Clause relating to Martha's Vineyard." — Letter of Lords of Trade to Gov. Dudleu,
Mar. 26, 1707.

" 1633-4, 4 March. It is ordered, that noe ¥''son whatsoever shall buy any land of any Indean
without leaue from the Court." — Mass. Colony Records, vol. L,p. 112.

"June vj"" 1643. Whereas it is holden very vnlawfull and of dangerous consequence and it
hath beene the constant custome from our first begining That no Pson or f'sons haue or euer did
purchase Rent or hire any lands herbage wood or tymber of the Natiues but by the Majestrates
consent. It is therefore enacted by the Court that "if any %3son or t>sons do hereafter purchase
rent or hyre any lands herbage wood or tymber of any of the Natiues in any place w'l'in this
Goument w"'out the consent & assent of the-Court Euerj' such %3son or l^sons shall forfait fiue
pounds for euery acree vt"^ shalbe so purchased hyred rented and taken And for wood & tymber
to pay fiue tvnies the value thereof to be levyed to the Colonies use."— Plymouth Colony Rec-
ords (Laws), vol. XL, J). 41.

" June 5* 1703. An order was drawn up and passed, to restrain any person or persons from
making any contract, agreeing for hiring, or taking any lease of lands or woods, or purchase of
any timber, fences, or wood, for any time or term of years whatever, of any Indian or Indians
whomsoever, without license first had for the same of the General Assembly, and declaring all
contracts and leases heretofore made contrary thereto, null and void, to extend only to the terri-
torys formerly called the Colony of the Massachusetts Bay and New Plimouth.

Sent down to the Representatives for concurrance ; And a message was brought up from that
House by Cap' Savage & Mr Lynde That the House were of opinion, that effectual provision is
by law already made in that matter & shewed forth the Law." — Council Records, vol. VII.. p. 345.

Chap. 12. " Further ordered that the Act for establishing of a Naval Office and for ascer-
taining of the Fees, be sent to M' Lowndes for the opinion of the Commissioners of her Majesty's
Customes thereon." — Order of Lords of Trade, July 22, 1706. [In obedience to a similar order
Mr. Popple, junior, had written to Mr. Lowndes, May 23, 1704, inclosing a copy of this act.]

Chap. 15. Sect. 4. The portion of this section printed in Italics was written at the end of the
bill, as a separate clause, and with no certain reference to its proper place in the body of the bill.
The context, however, seems to require its insertion as above.

ACTS,

Passed 1702.

ACTS

Passed at the Session begun and held at Boston,
ON the Twenty-seventh day of May, A.D. 1702.

CHAPTER 1.

AN ACT FOR CONTINUING OF SEVERAL ACTS NEAR EXPIRING, AND FOR
GRANTING UNTO HER MAJESTY SEVERAL DUTIES OF IMPOST, TUNNAGE
OF SHIPPING AND EXCISE.

Whereas the act intituled " An Act for giving necessaiy supplies
to the eastern Indians, and for regulating of trade with them," passed
by the general assembly of this province in the eleventh year of the
reign of his late majesty King William the Third, of glorious memory,
as also the act intituled "An Act for levying souldiers," the act inti-
tuled " An Act for punishing of officers or souldiers who shall mutiny or
desert his majesty's service," and the act intituled "An Act to prevent
the deserting of the frontiers of this province," all made and passed by
the general assembly in the twelfth year of his said late majesty's reign,
being by an act intituled " An Act for further continuing of several acts
therein mentioned that are near expiring," made in the thirteenth year
of his said late majesty's reign, revived and further continued to abide
and remain in full force unto the end of this present session of the gen-
eral assembly, the said several acts will accordingly then expire unless
provision be made for the further continuation of the same, which, under
the present conjuncture of affairs, is of absolute necessity, —

JSe it therefore enacted by the Council and Iie}yresentatives of this
Her Majesty's province of the 3fassachusetts Bay in Nexo England^ in
General Court assembled., and by the authority of the same,

[Sect. 1.] That the several acts and laws intituled as aforesaid ; that
is to say, "An Act for giving necessary supplies to the eastern Indians, i690-iroo,ch.i5.
and for regulating of trade with them," "An Act for levying soul- icoo-iroOjCh.io.
diers," "An Act for punishing of officers or souldiers who shall mutiny looo-iroo, ch. 20.
or desert his majesty's service," and "An Act to prevent the deserting 1099-1700, cu. 22.
of the frontiers of this province," together with the clause in addition to
the said act for levying souldiers, continued in the said act intituled
" An Act for further continuing of several acts therein mentioned that 1701-2, chap. h.
are near expiring," and all and singular the paragrajihs, clauses and
articles, powers, penalties, forfeitures, matters and things in the said
several acts and every of them respectively contained, be and hereby
are revived and further continued to abide and remain in full force, and
to be exercised, practised and put in execution to and for the ends, in-
tent[s], uses and pux-poses in the said acts respectively mentioned, until
the end of the session of the great and general court or assembly to be
convened, held and kept upon the last Wednesday of May, which will
be in the year of our Lord God one thousand seven hundred and three,

492 Province Laws.— 1702. [Chap. 1.]

any proviso or limitation in said acts or either of them to the contrary
in any wise notwithstanding.
1701-2, chap. 16. And whereas the act intituled " An Act for gi-anting unto his majes-
ty several rates and duties of impost and tunnage of shipping," and the
I70l-2^chap. 15. act intituled " An Act granting unto his majesty an excise i;pon wines,
liquors and strong drink sold by retail," both made and passed in the
thirteenth year of the reign of his said late majesty King William the
Third, will expire upon the twenty-ninth day of June in this present
year, one thousand seven hundred and two, we her majestie's loyal and
dutiful subjects, the representatives of her majesty's province aforesaid,
taking into consideration the growing charges of the province and the
necessity of granting a supply for defreying of the same, have cheerfully
and unanimously given and granted, and do hereby give and grant unto
her most excellent majesty, to and for the ends, uses and intents in the
befoi-e-recited acts expressed, and no other, the like duties of imposts
upon wines, liquors, goods, wares and merchandizes that shall be im-
ported into this province, tunnage of shipping, and excise upon wines,
brandy, rhum and other distilled liquors, beer, ale, perry, cyder, mead
and metheglin that shall be sold by retail, as in and by the said acts or
either of them are given and granted to his said late majesty ; and pray
that it may be enacted, —

And be it accordingly enacted by the Council and JRepresentatives
convened in General Assembly as aforesaid, and by the authority of
the same,

[Sect. 2.] That from and after the said twenty-ninth day of June,
in this present year of our Lord one thousand seven hundred and two,
unto the twenty-ninth day of June which will be in the year of our
Lord one thousand seven hundred and three, there shall be paid by the
importer of all Avines, liquors, goods, wares and merchandizes that shall
be imported into this province (salt, cotton-wool, provisions, and every
other thing of the growth and product of New England excepted), as
also by the master of every ship or other vessel that, by the said act
intituled "An Act for granting unto his majesty several rates and duties
of impost and tunnage of shipping," is liable to pay tunnage, the several
and respective rates and duties of impost and tunnage of shipping in
and by the said act set, granted, mentioned and appointed to be paid.
And also that from and after the said twenty-ninth day of June in this
present year, one thousand seven hundred and two, unto the twenty-
ninth day of June which Avill be in the year of our Lord one thousand
seven hundred and three, there shall be paid an excise for all wines,
brandy, rhum and other distilled liquors, beer, ale, perry, cyder, mead
and metheglin that shall be sold by retail within this province, in man-
ner and according to the directions mentioned and expressed in the
before-recited act, intituled "An Act granting unto his majesty an
excise upon wines, liquors and strong drink sold by retail."

And be it further enacted by the authority aforesaid,

[Sect. 3.] That all and singular the clauses, articles, paragraphs,
directions, matters and things contained in the said act intituled " An
Act for granting unto his majesty several rates and duties of impost
and tunnage of shipping," and in the said act intituled " An Act grant-
ing unto his majesty an excise upon wines, liquors and strong drink sold
by retail," and in each of them for or relating to the collecting, receiv-
ing, apportioning or enforcing payment of any of the said rates and
duties of impost, tunnage of shipping or excise, and all penalties and
forfeitures by the said acts or either of them set, mentioned and
expressed, shall be and are hereby revived, and further continued to
abide and remain in full force, and to be exercised, practised and put in
execution to and for the ends, uses and purposes in the said acts respec-
tively mentioned, until the said twenty-ninth day of June, which will

[1st Sess.] Province Laws. — 1702. 493

be in the year of our Lord one thousand seven hundred and three,
any thing in the said acts or either of them to the contrary thereof in
any wise notwithstanding. \^Passed., and approved by a majority of
the Council June 8 ; published June 26.

CHAPTER 2.

AN ACT THAT THE DUTY OF TUNNAGE OF SHIPPING BE" PAID IN POWDER.

Whereas, in and by an act intituled "An Act for granting unto his 1701-3, chap. 16.
majesty several rates and duties of impost and tunnage of shipping,"
made and passed by the general assembly at their session begun and
held the twenty-eighth day of May, [1701] \_one thousand seven hun-
dred and one"], in the thirteenth year of the reign of our late sovereign
lord King William the Third, and to continue in force until the nine-
and-twentieth day of June in this present year, [1702] [o?ie thousand
seven hundred and txco\ amongst other things therein contained, it is
enacted, that there shall be paid by the master of every ship or other
vessel coming into any port or ports within this province to trade or
traffick, the major part of the owners whereof are not belonging to this
province, (except such vessels as belong to the province [s] or colonies
of Pensilvania, West and East Jersey, New York, Connecticot, Rhode
Island or New Hampshire,) every voyage such ship or vessel does
make, the sum of twelvepence per tun, or one pound of good new
gunpowder, for every tun such ship or vessel is in burthen, to be paid
unto the commissioner or receiver of the duties of impost, and to be
imployed for the supply of his majesty's castle and forts within this
province, which aforesaid act, at this present session, has been revived
and continued, and the duties therein mentioned further granted unto
her present majesty, the Queen, for one year longer ; and forasmuch as
it is now a time of war, —

Me it therefore enacted and declared by Sis Excellency the Governour^
Council and Mepresentatives in General Court assembled, and by the
authority of the same.

That for and during the time of the contmuance of the afore-recited Tonnage to be
act, the said duty of tunnage of shipping shall be paid in good new powder.^'^'
gunpowder, and in no other specie, any thing in the afore-recited act,
or any other usage or custom to the contrary thereof in any wise not-
withstanding ; and the commissioner or receiver is hereby impowred
to demand and require payment of the said duty of tunnage accord-
ingly. [^Passed, signed by Governor Dudley, and published June 27.

CHAPTER 3.

AN ACT IN ADDITION TO THE ACT FOR REGULATING THE MILITIA, AND
FOR EXPLANATION OF A CLAUSE IN THE SAID ACT.

Whereas, in the enumeration of persons exempted from trainings by 1693-4, chap. 3.
the act intituled " An Act for regulating of the militia," persons lame
or otherwise disabled in body, (producing certificate from two able
chirurgeons,) are included, and whereas divers jiersons fit and able for
service, by cornipt and fallacious means do obtain such certificate[s]
from some practitioners in chirurgery, in elusion of the law and con-
trary to the true intent and meaning thereof, and thereupon presume

494

Province Laws. — 1702.

[Chap. 4.]

to neglect their duty, and plead an exemption, with disregard to their
officers, having no orderly dismission from them ; for remedy whereof, —
Be it enacted and declared by His Excellency the Governour^ Council
and Representatives in General Court assembled^ and hy the authority
of the sa7ne,
Lame persons, That no i:)erson or persons whatsoever shall at any time hereafter, by
^'^" ?ssed*from virtue of any certificate already given or to be given by two chirur-
geons as aforesaid, be excused or exempted from bearing arms and
attending trainings and other military exercises and duty in the trooj)
or company whereto they respectively belong and are inlisted, or from
impresses for her majesty's service, unless, for just cause, they first obtain
an orderly dismission under the hands of the commission officers of
such troop or company ; and in case they unreasonably refuse the same,
then of the first field-officer of the regiment whereof such troop or
company is part, or of the captain-general or commander-in-chief for
the time being ; any law, usage or custom to the contrary notwith-
standing. \_I^ass€d and 2yuhlished June 27.

dismis
trainings, &c.,
without appro-
bation of their
officers.

CHAPTER 4.

AN ACT FOR GRANTING UNTO HER MAJESTY A TAX UPON POLLS AND

ESTATES.

Wee, her majestie's loyal and dutiful subjects, the representatives of
her majesty's province of the Massachusetts Bay, in New England, con-
vened in general assembly, having had before us the accompts of the
treasury, and being thereby sensible of the necessity of granting a fur-
ther supply of money, as well for the paying and discharging of the
debts already due and owing from the province as of the future grow-
ing charge thereof; for subsisting and paying of wages to souldiers and
seamen, and vessels' hire that are or shall be imployed in her majesty's
service within this province ; for the paying of such salaries, gratuities
and allowances as have been or shall be made by the general court or
assembly, and such allowances and payments as are directed by any act
thereof, to be made out of the publick treasury ; and for support of the
government, and answering of the incident and contingent charges in
and about the same, do unanimously grant unto her most excellent
majesty, for the ends, uses and intents before mentioned, and no other,
a tax of six thousand sixty-three pounds, fourteen shillings and six
pence, to be levied upon polls and estates, both real and personal,
within this province, as in and by this present act for the manner and
proportion thereof is directed and set forth, —

A7id be it enacted and declared by His JExcellency the Governour,
Council and Rej)resentatives in General Court assembled, atid by the
authority of the same,

[1st Sess.] Province Laws. — 1702. 495

management and improvement ; and on all estates, both real and per-
sonal, lying within the limits and bounds of such town or precinct, or
next unto the same, not paying elsewhere, in whose hands, tenure,
occupation or possession soever the same shall be found ; and incomes,
by any trade or faculty which any person or persons do or shall exer-
cise, except as before excepted, at one penny on the pound ; and to
abate or multiply the said sum, if need be, so as to make up the sum
hereby set and ordered for such tow^n or precinct to pay ; and, in make-
ing their assessment, to estimate houses and lands at six years' income
of the yearly rent whereat they are or may reasonably be set or lett for
in the places where they lye, (saving all contracts betwixt landlords
and tenant ; and where no such contract is, the landlord to re-imburse
the one-halfe of the tax set upon such houses and lands,) and to esti-
mate Indian, molatto and negro servants proportionably, as other per-
sonal estate, according to their sound judgement and discretion; also to
estimate every ox of four years old and upward, at forty shillings ; every
cow of three years old and upward, at thirty shillings ; every horse and
mare of three years old and upward, at forty shillings ; every swine of
one year old and upward, at eight shillings ; and every sheep of one year
old and upwards, at four shillings ; likewise requiring the assessors,
selectmen or trustees to make a fair list of the said assessment, setting
forth in distinct columns, against each particular person's name, how
much he or she is assessed at for polls, and how much assessed at for
houses and lands, and hoAV much for personal estate and income by any
trade 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 con-
stables 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 himselfe some-
time before the last day of August next.

[Sect. 2.] And the treasurer, upon receipt of such certificate, is
hereby impowered and ordered to issue forth his warrants to the collec-
tors, constable or constables of such town or precinct, requiring him or
them respectively to collect the one-halfe of each respective sum assessed
on each particular person, at or before the last day of October next, and
pay in the same at or before the said time, and to collect the other halfe
of each particular person's assessment, and pay in the same into the
treasurer, and issue the accompts of the whole with himselfe or his
successors in said office at or before the last day of December next
ensueing.

And be it further enacted by the authority aforesaid^
[Sect. 3.] That each town and precinct within this province shall
be assessed and pay, as its proportion to this present tax, the sum here-
after following ; that is to say, —

IN THE COUNTY OP SUFFOLKE.

Boston, eleven hundred and twelve pounds eight shil-
lings, _ £1,112 85. M.

Roxbury, ninety-five pounds eight shillings sixpence, . 95 8 6
Dorchester, one hundred twenty-eight pounds fourteen

shilUngs, 128 14 0

Milton, forty-five pounds nine shillings, . . . 45 9 0

Bran trey, ninety-three pounds twelve shillings, . . 93 12 0

Weymouth, fifty-eight pounds ten shillings, . . . 58 10 0

Hingham, one hundred pounds nineteen shillings, . 100 19 0

Dedham, seventy pounds four shillings, . . . 70 4 0

Wrcntham, sixteen pounds nineteen shillings, . . 16 19 0

Mcdfield, fifty-eight pounds ten shillings, . . . 58 10 0

Mendon, twelve pounds, 12 0 0

496

Province Laws. — 1702.

[Chap. 4.]

Hull, thirty-eight pounds,

Woodstock, nine pounds,

IK THE COUNTY OF ESSEX.

Salem, two hundred thirty-four pounds,

Ipswich, two hundred and sixty pounds eight shUliiigs,

Newberry, one hundi-ed seventy-nine pounds eleven

shillings,

SaUsbury, forty-eight pounds,
Aimsbury, twenty-four pounds, .
Topsfield, forty-six pounds sixteen shillings,
Andover, sixty-six pounds, ....
(Bradford, twenty-four pounds,
Marblehead, ninety-six pounds twelve shillings,
Lynn, ninety-one pounds seven shillings,
Wenham, thirty-nine pounds eighteen shillings,
Beverly, sixty-eight pounds two shillings,
Glocester, fifty-one pounds six shillings,
Rowley, seventy pounds four shillings, .
Boxford, thirty-four pounds four shillings, .
Haverhill, fifty-four pounds, ....
Manchester, eleven pounds fourteen shillings,

IN THE COUNTY OF mDDLESEX.

Cambridge, one hundred and two pounds nine shillings,

Charlestown, one hundred fifty-two pounds two shil-
lings, .

Watertown, one hundred fifty-three pounds eighteen
shillings, ........

Newton, fifty-seven pounds,

Sudbury, seventy-three pounds four shillings,

Marlborough, fifty-four pounds, ...

Medford, nineteen pounds one shilling,

Maulden, forty-eight pounds six shillings,

Wooboume, eighty-five pounds thirteen shillings,

Reading, sixty-three pounds,

Bilrica, thirty-two pounds seventeen shillings,

Chelmsford and Dracut, forty-three pounds nineteen
shillings,

Concord, eighty-seven pounds fifteen shillings.

Stow, six pounds,

Groton, thirty-five pounds,

Lancaster, twenty pounds, .....

Sherborne, thirty-two pounds two shillings, .

Fi-amingham, nine pounds,

Dunstable, nine pounds, .....

IN THE COUNTY OF HAMPSHIKE.

Springfield, seventy-two pounds, .
Northampton, seventy-two pounds,
Hadley, forty-eight pounds, ....
Hatfield, thirty-seven pounds four shillings, .
Southfield, twenty-one pounds,
Westfield, twenty-four pounds,
Enfield, twelve pounds, ....
Deerfield, six pounds,

IN THE COUNTY OF YORKB

Yorke, eighteene pounds, ....

Wells, twelve pounds,

Kittery, forty-two pounds, ....

£38 05.

Od.

9 0

234 0

260 8

179 11

48 0

24 0

46 16

66 0

24 0

96 12

91 7

39 18

68 2

51 6

70 4

34 4

54 0

11 14

102 9

152 2

153 18

57 0

73 4

54 0

19 1

48 6

85 13

63 0

32 17

43 19

87 15

6 0

35 0

20 0

32 2

9 0

72 0

48 0

37 4

21 0

24 0

12 0

6 0

18 0

12 0

42 0

[1st Sess.]

Province Laws. — 1702.

497

IN THE COUNTY OF PLYMOFTII

Plymouth, seventy-nine pounds one shilling,
Situate, one hundred and fourteen pounds, .
Marshfield, sixty-one pounds ten shillings, .
Duxboro, forty pounds nineteen shillings,
Bridge water, sixty pounds, . . . .
Middleboro, fourteen pounds fourteen shillings,

IN THE COUNTY OF BARNSTABLE.

Barnstable, ninety-two pounds two shillings,
Yarmouth, fifty-eight pounds ten shillings,
Eastliam, fifty-seven pounds.
Sandwich, seventy-two pounds, .
Falmouth, twenty pounds, ....
Manamoy, eighteen pounds, ....
Rochester, twenty pounds, ....
Harwich, twenty-four pounds,

IN THE COUNTY OF BRISTOL

Bristol, sixty-six pounds, ....
Taunton, ninety-three pounds twelve shillings,
Dartmouth, ninety pounds, ....
Freetown, eighteen pounds, ....
Rehoboth, sixty-eight pounds eight shillings,
SAvanzey, sixty-four pounds seven shillings, .
Little Compton, sixty-six pounds ten shillings,
Tiverton, forty pounds, ....

Attleboro, ten jDounds ten shillings,

IN DUKES COUNTY.

Edgavtown, thirty-six pounds,

Tisbury, seventeen pounds eight shillings, .

Chilmarke, seventeen pounds eight shillings,

Nantuckett, fifty-five pounds ten shillings, .

£79 l5. Od.

114 0 0

61 10 0

40 19 0

60 0 0

14 14 0

92 2 0

58 10 0

57 0 0

72 0 0

20 0 0

18 0 0

20 0 0

24 0 0

66 0 0

93 12 0
90 0 0
18 0 0
68 8 0
64 7 0
66 10 0
40 0 0
10 10 0

36 0 0

17 8 0

55 10 0

And be it further enacted,

[Sect. 4.] That the assessors of each town and precinct, respec-
tively, in convenient time before their making the assessment, shall give
seasonable warning to the inhabitants in a town meeting, or by posting
up a notification in some publick place or places in such town, or other-
wise notify the inhabitants to give or bring in to the said assessors true
and perfect lists of their polls and rateable estate. And if any person
or persons shall neglect or refuse so to do, or bring in a false list, it
shall be lawful to and for the assessors to assess such person or persons
according to their known ability, within such town, in their sound
judgement and discretion, their due proportion to this tax, after and
according to the rules herein given.

And be it further enacted by the authority aforesaid,

[Sect. 5.] That the treasurer be and is hereby impowred to issue
forth a certain number of the bills of credit of the late colony of the
Massachusetts, to the sum of three thousand pounds, and no more,
towards the uses for which this present tax is gi-anted ; which bills shall
pass out of the treasuiy at the value therein expressed, the treasurer to
have credit in his accompts for so many bills as he shall so emit and
issue forth, at the same value they were received into the treasury.
And the said bills shall be taken and accepted in all publick payments at
the sum therein expressed, and this present tax to be a fund for the re-
payment of all such sums in said bills as shall be in the hands of par-
ticular persons in currant money of this province. \Passed June 25 ;
published June 26.
63

498 Province Laws.— 1702. [Chap. 5.]

CHAPTER 5.

AN ACT FOR APPLYING THE SUM OF FIVE HUNDRED POUNDS OF THE
MONEYS GRANTED TO HER MOST EXCELLENT MAJESTY THE QUEEN,
UNTO THE USE OF HIS EXCELLENCY, JOSEPH DUDLEY, Esqr.

Wee, the council and representatives of this her majesty's province
of the Massachusetts Bay in New England, convened in general assem-
bly, having unanimously agreed and resolved to make a present of five
hundred pounds unto his excellency Joseph Dudley, Esqr., her majesty's
captain-general and govenour-in-chief in and over her said province, do
pray that it may be enacted, —

And be it accordingly enacted by the Governour, Council and Repre-
sentatives in General Court assembled^ and by the authority of the same.

That the sum of five hundred pounds of the moneys granted by this
court to her most excellent majesty the queen, and amongst other uses
applied to the support of the government, be and hereby is granted to
be accordingly paid out of the publick treasury of this province unto
his excellency, the said Joseph Dudley, Esqr., to and for his sole and
proper use and behoofe. [jPassed June 27.

[2d Sess.] Province Laws.— 1702. 499

ACTS

Passed at the Session begun and held at Cam-
bridge, ON the Fifteenth day of October,
A.D. 1702.

CHAPTER 6.

AN ACT IN ADDITION TO THE ACT FOR LEVYING OF SOULDIERS, AND FOR
THE BETTER RAISING OF THEM OUT OF THE MILITIA, FOR HER MAJES-
TIE'S SERVICE IN TIME OF WAR.

Whereas it has been found by often experience, that when warrants
have been issued for the detaching or impressing of souldiers for the
defence of the country, the ablest and fittest for service have absconded
and hid themselves from the impress, by means whereof the officers
have been necessitated to send persons less capeable, to the great dis-
honour and disadvantage of the service, and discouragement of the
officers appointed to conduct and lead them forth ; for remedy whereof, —

_Se it enacted by Sis Excellency the Governour, Council and Repre-
sentatives in General Court assembled^ and by the authority of the same,

[Sect. 1.] That the commission officers of each military company Commissioned
and troop belonging to the respective regiments of militia within this a ust'oV the^''*'
province, shall forthwith, and so from time to time as occasion may p**™^.* °^rt"V
require, make and keep a fair list of one-quarter part at least of the least oFnie soi-
souldiers in their company or troop, such as are most able and fit for ^^|^ fi'^for her
service ; and the captain or chief officer by himself, his serjeant or other majesty's ser-
officer, shall give notice to every such souldier of his being enlisted, ^'*^®-
and require him to be always in readiness, and compleatly armed, to be
sent forth and march into the service against the enemy, when he shall
be thereto commanded ; so that when and so often as the captain-gen-
eral or commander-in-chief for the time being shall send forth his war-
rants for the detaching or impressing of souldiers for her majesty's
service and defence of the province, they may speedily be supplied out
of the men so enlisted.

Afid be it further enacted by the authority aforesaid,

[Sect. 2.] That if any souldier enlisted as aforesaid shall abscond fjfp^'^l^^shaii
himself, or not make his appearance at such time and place as his cap- abscond after
tain, or chief officer of such company or troop shall appoint, upon ygjgf/*' ^"'
twenty-four hours' notice given him thereof, or left in writing at his
house or usual place of abode, such souldier failing of appearance shall
forfeit and pay the sum of five pounds, to be levied on his body, goods
or chattels by wan-ant of distress from tAvo justices of the peace, or
court of general sessions of the peace, within the same county, upon
conviction thereof, by the oath of the captain or chief officer, and of
the officer by w^hom the notice was given, or left in Avriting as afore-
said: unless such souldier, at the time of leaving such writing of
notice for his appearance as aforesaid, was then out of [iAe] town by
knowledge and Ucence of his captain or chief officer. And in case no

500 Province Laws.— 1702. [Chap. 7.]

sufficient distress can be found wherewith to satisfy the said fine or
forfeiture, the justices of the court of general sessions of the peace
within t]ie county are hereby impowred to dispose of the oifender in
service to some of her majesty's EngUsh subjects within this province,
for sucli reasonable time as the said court shall think fit.
Fines and for- [Sect. 3.] All fines and forfeitures arising by virtue of this act to
b"(^sposedU)f.^ be to and for the use of the company or troop respectively whereto
such offender do's belong, and to be paid in to the clerk thereof for the
purchasing of arras and ammunition, as the commission officers shall
direct.

And whereas the afore-recited act for levying souldiers will deter-
mine and expire at the end of the session of the general assembly to be
held and kept upon the last Wednesday in May next, a7ino [1703] [_one
thousand seven hundred and three"], unless it be revived, —
-Be it enacted by the authority aforesaid,
Act for levying [Sect. 4.'] That the said act 'intitiiled "An Act for levying soul-

soiaiers lurtuer -,.^,, nn t- i i i • i "^ t^

continued. diers, and all and singular the paragraphs, articles, matters and things
1699-1700, chap, therein contained, be and hereby are further revived and continued, to
abide and remain of full force and effect, unto the end of the present
war with France and Spain, and not afterwards : provided, also, —

[Sect. 5.] That this act shall continue in force during the present
war, and no longer. [jPassec? JVbvember 6 ; published November 7.

CHAPTER 7.

AN ACT IN ADDITION TO THE ACT INTITULED "AN ACT FOR CONTINUING
OF SEVERAL ACTS NEAR EXPIRING, AND FOR GRANTING UNTO HER
MAJESTY SEVERAL DUTIES OF IMPOST, TUNAGE OF SHIPPING AND
EXCISE."

1702,, chap. 1. We, her majestie's loyal and' dutiful subjects, the representatives of

her majestie's province of the Massachusetts Bay in New England, being
sensible of the growing charge of the province in this time of war, for
the support of the castle, forts and garrisons within the same ; of the
province gaily, and of such forces as the necessary defence of the prov-
ince may further call for to b« raised within the same ; as also consider-
ing that provision is to be made for the support of the government
within this province, and for answering of the incident and contingent
charges thereof, do cheerfully grant unto her most excellent majesty, to
the ends, uses and intents aforesaid, and no other, the further and addi-
tional duties upon wines, rhum [or] [^and] other spirits that shall be
imported into this province ; and an excise upon beer and ale brewed
for sale, and upon strong liquors or spirits distilled within the same,
hereinafter mentioned ; and an additional impost after the rate of five
pounds per cent of the prime cost, according to invoice, on the several
goods and merchandizes following ; that is to say, all wrought silks,
except black ; gold and silver lace, fringe, thread, twist and buttons ;
lace made of silk and thread ; silk, gimp, hair and thread fringes ; all
ribbons, all necklaces, all cast iron, military stores excepted ; all shoes and
pattoons, gloves and perriwiggs ; and pray that it may be enacted, —

A.nd be it accordingly enacted by His Excellency the Governour,
Council and Hepresentatives in General Court assembled, and by the
authority of the same.
Additional [Sect. 1.] That for and during the time of the continuance of this

™Pos . present act (over and above the duties by law already stated and ap-

pointed to be paid for wines, liquors and merchandizes herein enumer-
ated, imported into this province), there shall be paid by the importer[s]

[2d Sess.] Province Laws. — 1702. 501

of such wines, liquors and mcrclianclizes the further and additional rates
and duties following ; that is to say, —

For every pipe of common wine of the Western Islands, the sum of
twenty shillings.

For every pipe of Canary or sherry Avine, the sum of forty shillings.

For every pipe of Madera or Passada wine, the sum of thirty shil-
lings.

For every pipe of port wine, or of any other sort not before men-
tioned, the sum of ten shiUings. And so proportionably for greater or
lesser quantities.

For every gallon of rhum or other spirits, one shilling ; and for the
goods and merchandizes before enumerated ; to wit, all wrought silks,
except black ; gold and silver lace, fringe, thread, twist and buttons ;
lace made of silk and thread ; silk, gimp, hair and thread fringes ; all
ribbons and necklaces ; all cast iron, except military stores, and all
shoes, pattoons, gloves and perriwiggs, after the rate of five pound [s]
per cent of the prime cost, according to invoice. Which aforesaid im-
post and duties shall be secured to be paid unto the commissioners and
receivers that are or shall be named and appointed by this court and
commissioned by his excellency the governour, for entring and receiv-
ing [of] the same, in currant money of this province, before the landing
of any wines, liquors, spirits or merchandizes aforesaid, one-half thereof
in three months, and the other half thereof within the space of six
months next after the time for the first payment, for which bond shall
be given Avith sufiicicnt security. And all entrys where the impost or
duty to be paid does not exceed four shillings, shall be made without
charge to the importer, and no more than sixpence to be paid for one
single entry to what value soever ; and for every bond to be given as
aforesaid, there shall be paid one shilling, and no more.

And be it further enacted by the authority aforesaid,

[Sect. 2.] That all and singular the articles, paragraphs, clauses, Eevivaiof the
powers, penalties, forfeitures, directions, matters and things contained cfauses,"&c.f in'
and mentioned in an act made and passed in the thirteenth year of the a former act,
reign of ICing William the Third, of blessed memory, intituled "An Act posY.Tc^ ° ""
for granting unto his majesty several rates and duties of impost and i~oi-2, chap. 16.
tunnage of shipping," (not altered or otherwise directed in and by this
present act), shall be and are hereby revived and re-enacted, and to be
of full force and virtue for the securing, collecting, receiving and en-
forcing payment of the impost and duties hereinbefore mentioned to
be granted; and to be exercised, practised, applied and put in execution
to and for the ends, uses, intents and purposes as in the said act intit-
uled as aforesaid are mentioned and expressed, the expiration of the
same notwithstanding.

And be it further enacted by the authority aforesaid,

[Sect, 3.] That for all wines, rhum, or spirits and merchandizes Provision for
imported after the publication of this present act, and for which the ^pon^xporta-
additional impost and duties hereby granted shall be paid and secured tion.
to be paid as aforesaid, that shall bo again exported within the space of
twelve months next after the importation thereof, being made so to
appear, the importer shall be allowed a drawback of the whole addi-
tional impost or duties aforesaid, by him paid and secured to be paid for
the same, to be re])aid or discounted with him by the commissioner or
receiver : provided, alicays, that no sxich wines, rhum or spirits or mer-
chandizes to be exported, for which a drawback is to be allowed, shall
be shipt oif or put on board any boat or vessel with intent to be ex-
ported, but by certificate first had for the same from the commissioners
or receivers, and in tlie presence of a waiter, who shall endorse the
shipping, and return the certificate Avitli such endorsement into the

502

Province Laws. — 1702.

[Chap. 7.]

Excise to be
paid by brewers
and distillers.

Brewers and
distillers to
make entry.

office, before the drawback be allowed ; for which certificate the com-
missioners or receivers shall be paid sixpence, and the waiter, for seeing
the shipping and endorsing the certificate shall be paid sixpence. And
no such certificate shall be granted before the importer shall have made
oath that the whole duties inward for the very same wines, liquors, or
spirits, or merchandizes to be exported are paid and secured to be paid,
nor before the shipper shall have made oath that the wines, rhum, spir-
its or merchandizes therein mentioned to be shipt are truly and bona
fide shipt with intent to be exported, landed and sold out of this prov-
ince, and shall not by his knowledge, privity or consent be again landed
or disposed of Avithin the same ; which oaths the commissioners or re-
ceiver is hereby impowred to administer accordingly.

And he it further enacted and declared by the authority aforesaidy
[Sect. 4.] That every brewer commonly brewing beer or ale for
sale, shall pay an excise for each barrel of strong beer or ale by him
brewed, the sum of one shilling, and so proportionably for greater or
lesser quantities. And each distiller of spirits or strong liquors shall
pay an excise of one shilling per gallon for every gallon of spirits or
strong liquors by him drawn or distilled. And for the more efiectual
securing, collecting and receiving of the said duties of excise, there
shall be nominated, appointed and commissioned as aforesaid, one or
more discreet persons, to be under oath for the due and faithful per-
formance of the duty and trust reposed in them, and observance of the
directions in this act relating thereto.

And be it further eiiacted by the authority aforesaid,
[Sect. 5.] That every brewer and distiller aforesaid, respectively,
shall once a week make an entry in writing, under his hand, with the
commissioner or commissioners to be appointed as aforesaid, of all
strong beer and ale, and all spirits or strong liquors by them respec-
tively from time to time brewed, made or distilled ; and shall also make
oath, if required, that such entry contains the full quantity of all strong
beer and ale, spirits or strong liquors by such brewer or distiller respec-
tively brewed, made or distilled within that time (which oath the com-
missioner or commissioners are hereby impowred to administer) ; and
shall also pay unto the said commissioner or commissioners the several
rates and duties of excise set by this act to be paid for the same, in
currant money of this province. And if any brewer or distiller shall
neglect to make his entry as afoi'csaid, or refuse to give oath thereto as
aforesaid, if required, it shall and may be lawful to and for the commis-
sioner or commissioners, when and so often as he or they shall think fit,
taking the assistance of a constable, ex officio, to enter into the brew-
house or still-house of such brewer or distiller, respectively, and the
dependencies thereof, or other houses, cellars, vaults or places where
they shall be informed any beer, ale, spirits or strong liquors, brewed
or distilled as aforesaid, are laid with intent to be concealed in elusion
of the law, and to search for, seize and secure, in order to tryal and
conviction, all such beer, ale, spirits or strong liquors.
Onus prdbandi. [Sect. 6.] And if, upon tiyal, the claimer of such beer, ale, spirits
or strong liquors cannot make proof that they have been duly cntred,
and the duties thereof paid, or secured to be paid, such beer, ale, spirits
or strong liquors shall be forfeited, one moiety thereof unto her majesty,
to and for the support of the government of this province, and the other
moiety to the informer or informers : 2^^ovided, always, that there be a
drawback allowed of the whole duty of excise aforesaid for all such
strong beer, spirits or strong liquors exported out of this province, for
which the said duties shall be paid, or secured to be paid, and be made
so to appear in manner as is herein before directed for the drawback
upon wines and rhum, and so that the same rules and methods be ob-

Commission
ers' power.

Drawback.

[2d Sess.] Province Laws.— 1702. 503

served in all resi^ects for shipping off such beer, spirits or strong liquors
as is prescribed for the drawback of impost.

Provided^ also^ —

[Sect. 7.] That this act shall continue in force for one year next
coming, and no longer. [Passed and published November 21.

CHAPTER 8.

AN ACT FOR MAKING AND EMITTING OF BILLS OF PUBLICK CREDIT.

Forasmuch as, by reason of the extream scarcity of money, and the
want of other medium of commerce, the trade of this province is greatly
obstructed, and the aflhirs of the government very much hindred, the
payment of the publick debts and taxes retarded, and in great measure
rendred impracticable, to the discouragement of souldiei's and seamen
necessarily imployed on her majesty's service, in the defence of her
majestie's subjects and interests within the province in this time of war ;
for remedy whereof, —

Pe it enacted by His Excellency the Qovernour^ Council and Pepre-
sentatives in General Court assembled, and by the authority of the
same,

[Sect. 1.] That there be forthwith imprinted a certain number of Ten thousand
bills of credit on this province, in suitable sums, from two shillings to of credit"
five pounds, wdiich in the whole shall amount to the sum of ten thou-
sand pounds, and no more ; which bills shall be indented, and be stamped
with such stamps as the governour and council shall project and direct,
and be signed by a committee to be nominated and appointed by this
court, they or any three of them, and of the tenor following ; that is to
say,—

No. ( ) 20"'-

This indented bill of twenty shillings due from the province of the Massachu- Form of the
setts Bay, in New England, to the possessor thereof, shall be in value equal to ^^'•
money ; antl shall be accordingly accepted by the treasurer and receivers subordi-
nate to him, iu all publick payments, and for any stock at any time in the treasury.
Boston, November the twenty-first, anno 1702. By order of the Great and Gen-
eral Court or Assembly. I. R. >

]*]. H. > Committee.
N. B.)

And so, mutatis mutandis, for a greater or lesser sum.

[Sect. 2.] And the said committee are hereby directed and impow- Direction to the
red to take care and make effectual provision, so soon as may be, to *'°"""'^*''<'-
imprint the said bills to the sum of ten thousand jDounds, as aforesaid,
and to sign and deliver the sum of five thousand pounds thereof, and
no more, to the treasurer, taking his receipt for the same, and to keej)
the other five thousand pounds unsigned in their own hands until fur-
ther order from this court; and the said committee shall be under oath Coinmiticf to-
for the faithful management of the affair aforesaid, and trust in them '^*^ *•"'""'•
reposed, and be rewarded for their service as this court shall determine.

And be it further enacted by the authority aforesaid,

[Sect. 3.] That the treasurer be and hereby is ordered and impow- Order ror the
red to issue forth and emit the said bills towards payment of the publick emut'in^'of ti.e
debts of the province already contracted, and the further growing charge bi"'^-
for the defence thereof; for supplying and subsisting of the province
gaily, forts, garrisons and forces raised and to be raised and imployed
within the same, and wages arising for their service ; for payment of
grants, salaries and allowances made and to be made by this court ; for
support of the government of this province, and answering of the inci-

504

Province Laws. — 1702.

[Chap. 9.]

Advance.

Fund.

dent and contingent charges thereof; according to such draughts as fi'om
time to time shall be made upon him by warrant or order of the govem-
our, by and with the advice and consent of the council, or committees
by this court to be impowred. And the said bills shall pass out of the
treasury at the value therein expressed, equivalent to money, and shall
be taken and accepted, in all publick payments, at the advance and
after the rate of five pound[s] per cent more.

And be it further enacted and declared by the authority aforesaid,
[Sect. 4.] That the duties of impost and excise granted by this
court shall be a fund and security for the re-payment and drawing in of
the said bills to the treasury again, so far as that will reach. And as a
further fund and security for the same, and for defreying of the further
necessary growing charge of the province, the defence of her majesty's
subjects and interests within the same, and support of the government
thereof, there be, and hereby is granted unto her most excellent majesty,
to the ends and uses aforesaid, a tax of six thousand pounds, to be
levied on polls and estates, both real and personal, within this province,
according to such rules and in such proportion, upon the several towns
and districts within the same, as shall be agreed on and ordered by the
great and general court or assembly of this province at their next
session, and to be applied to such further use and uses as the said court
shall direct ; which said tax shall be paid in to the treasurer on or before
the last day of November, in the year of our Lord God, one thousand
seven hundred and three.

[Sect. 5.] And all former bills of publick credit heretofore in use,
when drawn into the treasury, shall issue forth no more. [^Passed and
published J^ovember 21.

**=&,

CHAPTER 9.

AN ACT TO PREVENT CHARGES ARISING UPON THE COUNTY FOR PRIS-
ONERS COMMITTED FOR THEFT.

■rrisouers for
theft not to t)e
held more than
thirty days af-

'ter sentence,
unle.s?, &c.

Keeper's power
to discharge
the prisoner, iu
case.

Inasmuch as it often happens, that persons convicted of theft, and
sentenced to make restitution to the party injured as the law directs,
are held long time in prison, having not wherewith to satisfy their
creditors, or to pay for their keeping, otherwise than by service,
thereby occasioning great charge to arise ujion the county ; for remedy
whereof, —

Be it enacted by His Excellency the Governour, Council and Repre-
sentatives in General Court assembled, and it is enacted by the authority
of the same,

[Sect. 1.] That henceforth no person or persons convicted and
sentenced for committing of theft shall be held or continued in prison
for and on account of restitution or damages awarded to the party
injured, for more than the space of thirty days next after such judg-
ment or sentence given, unless the creditor will become engaged, or
give caution to the keeper of the prison to pay and satisfy his charge
and cxpence in keeping of such prisoner, both for time past and future,
not exceeding three shillings per week.

[Sect. 2.] And in case the creditor shall refuse or neglect so to do,
and shall not dispose of or take such prisoner in service, or otherwise
release him, the keeper shall no longer be chargeable with such pris-
oner, but may set him at liberty, any law, usage or custom to the con-
trary in any wise notwithstanding. And in every such case the
prisoner shall pay and satisfy his own fees and charges ; and if he be
unable, then upon application made by the keeper to any two justices

[2d Sess.] Province Laws.— 1702. 505

of the same court, quorum unus, such two justices are hereby imp owred
to adjust and determine the sum to be paid, and to order and enjoyn
the prisoner to make satisfaction by service for such reasonable time as
they shall assign, for which term the keeper may dispose of him in
service to any of her majesty's English subjects.

And it is further enacted by the authority aforesaid,
[Sect. 3.] That if any action, bill, suit or information shall be com-
menced or prosecuted against the keeper of such prison for what he
shall do in pursuance of this act, he may plead the general issue, not
guilty ; and upon issue joyned may give this act and the special matter
in evidence. And if the plaintiff" or j^rosecutor shall become nonsuit, or
suffer a discontinuance, or if verdict pass against him, the defendant
shall recover costs and damages for the molestation. \_Passed OctO'
her 29 ; signed by the Governor and published November 21.

CHAPTER 10.

AN ACT MORE EFFECTUALLY PROVIDING FOR THE SUPPORT OF MIN-
ISTERS.

Whereas in some few towns and districts within this province,
divers of the inhabitants are Quakers, and others irreligious persons
averse and opposite to the publick worship of God, and to a learned
orthodox ministry, and find out ways to elude the laws provided for
the suj^port of such, and pervert the good intentions thereof, to the
encouragement of irreligion and i^rophaneness ; for remedy whereof,
and in further addition to the act intituled " An Act for the settlement 1693-3, chap. 26.
and su23port of ministers and schoolmasters," made in the fourth year
of the reign of King William and Queen Mary, and the additions
thereto heretofore made, —

He it enacted by His Excellency the Governour, Council and Hepre-
sentatives in General Court assembled, and by the authority of the same,

[Sect. 1.] That when and so often from time to tune as informa- court of general
tion or complaint shall be made to the court of general sessions of the sessions, pow-

..1 1 .. r» f • • 1 • er to appoint

peace m any county, that the mmister oi any town or district withm assessors.
such county, qualified as abovesaid, is not suitably encouraged, sup- ip^ck^'g^^"
ported or maintained according to his contract or agreement made with
the inhabitants, or according to the allowance and maintenance ordered
him by the court of general sessions of the peace, as the law directs,
where there is no such contract, or that the same happen to be expired,
by reason that the selectmen or other assessors of such town or district
do refuse or neglect to assess and raise such maintainance, and cause
the same to be levied upon the inhabitants, or that payment thereof is
witheld from the minister ; in every such case the said court is hereby
directed and further impowred, over and above the imposing of the fine
by law set upon such delinquent selectmen or assessors, to appoint
three or more sufficient freeholders within the same county, to assess
and apportion the sum agreed or set for the yearly support and main-
tenance of such minister, either by contract or court order, upon the
inhabitants of such town or district in manner as is directed for the
raising other publick charges, and to present the list of such assessment Two justices \o
unto two justices of the peace of the same county, quorum unus, who wam-int for
are hereby impoAvred and required to make out and affix a warrant collecting.
thereto, directed to the constables of such town or district, in form as
is by law prescribed for the levying and collecting of town rates or
assessments, mutatis mutandis, requiring them to collect and levy the

506

Province Laws. — 1702.

[Chap. 11.]

sum total of said list, and pay in the same unto the minister, or to
such person as shall be appointed by the sessions to receive the same
to his use ; and such constables, failing of a due observance and execu-
tion of such warrant, shall incur the like pains, penalties and forfeitures
as for not collecting and paying in any other rates or assessments to
Satisfaction to them committed. And the court of general sessions of the peace is
assfslors!^ *^^ further directed and impowred to order meet satisfaction to be made
unto the assessors so appointed for their pains and trouble, out of the
fines set upon the delinquent selectmen or assessors as aforesaid ; and
the remainder of said fines (if any be) to be paid to the county treas-
urer for defreying the necessary charges of the county ; any law, usage
or custom to the contrary in any wise notwithstanding.
A7id be it further enacted hy the authority aforesaid^
[Sect. 2.] That the inhabitants of each district or precinct, respec-
tively, regularly set oif from any town, shall be and are hereby impow-
red to name and appoint a clerk, as of right towns by law have ; as also
assessors for the assessing and raising a maintenance and support for
the minister of such district or precinct, and to make out a warrant, in
form as by law prescribed for town rates or assessments, directed to the
constable of the town or district, for the collecting and levying of the
same, who is required to execute such warrant accordingly. And in
case the assessors so appointed shall refuse or neglect that service, the
selectmen of the town from whence such district or precinct was set
oflf, shall and are hereby required to assess the inhabitants of the same
the sum agreed upon or set for maintenance of the minister thereof.
\_Passed November 9 ; signed by the Governor and published November
21.

Inhabitants of
districts, their
power.

CHAPTER 11.

AN ACT FOR APPOINTING COMMISSIONERS OF SEWERS.

Whereas great quantities of meadows and low grounds, belonging
to sundry persons in several towns, are spoiled by the overflowing of
rivers, brooks and waters, occasioned by banks and stoppages in their
courses, which by industry may be removed, to the benefit and profit
of the owners, and also much meadow and pastm-e land might be
gained out of swamps and other rough and unprofitable grounds, by
drowning and dreyning the same ; to the intent, therefore, that the
owners of such lands and meadows may be encouraged and enabled to
remove such obstructions as occasion such overflows, and to dam and
flow their swamps and other grounds, and thereby bring them to
meadow or pasture, that they may be made profitable to them, —

He it enacted by His Excellency the Governour, Council a?id Mepre-
sentatives in General Court assembled, a?id by the authority of the same.
Governor and [Sect. 1.] That it shall be in the power of the governour and coun-
comm\ssions"of ^^ from time to time, upon request to them made by the major part of
gewers. the proprictoi's of any such lands, to grant commissions of sewei*s to

such and so many able and discreet persons as to them shall seem meet
for the clearing and removing of the banks and obstructions of the
passages of the waters in rivers, brooks or ponds, that occasion the
overflows and drowning of meadows and low lands, and also for the
darning and flowing of swamps and other unprofitable grounds, and
Commisaionera' dreining of them; by which commissions the said commissioners shall
~"" be impowred to meet and convene together from time to time as occa-

sion may require, to view, consider, consult and contrive such ways and
methods for the clearing and removing the obstructions aforesaid, and

power.

[2d Sess.] Province Laws. — 1702. 507

for the drowning and dreyning of swamps and other unprofitable
grounds, and to iraploy workmen and labourers for such reasonable
wages as may be agreed on, for the effecting the premises ; and from
time to time to assess and tax all svich persons as may or shall be own-
ers of such ovei*flowed lands or meadows or such unprofitable swamps
and lands as aforesaid, towards the charge thereof, having regard to
each person's quantity of land and benefits to be received thereby, as
equally, according to their best judgment, as they can ; and also to ap-
point and swear a collector or collectors for the collecting and gathering
and paying in the same to such persons as by the said commissioners
shall be appointed to receive it, with powers to distrain all such persons
as shall neglect or refuse to make payment of his, her or their parts or
proportion set and assessed as aforesaid, in such manner as in the prov-
ince rates and taxes by law may be done, and to call before themselves
the said collector or collectors to accompt for his or their betrustments
with reference to the premises.

A7id further be it enacted by the authority aforesaid,

[Sect. 2.] That the said commissioners shall be sworn for the faith- Commissioners
ful discharge of their trust, and shall receive such salaries out of the
said assessment, for their time and expences touching the premises, as
the governour and council shall appoint, unto whom the said commis-
sioners shall be accountable when they shall be thereunto required.

And be it further enacted by the authority aforesaid,

[Sect. 3.] That in case it shall so happen that any proprietor of any
such lands or meadows to be drowned or dreyned as aforesaid shall be
unable or otherwise neglect to pay his, her or their part or proportion
of the said rates or assessments, it shall and may be lawful to and for
the other proprietors concerned therein to pay the said assessments, and
to hold the said lands and meadows so long until the [rents] [ra^es] and
profits to be received of those lands may re-imburse them, and the com-
missioners aforesaid shall determine the time how long.

Provided, ahcays,

[Sect. 4.] That it shall be in the liberty of any person agrieved Appeal,
at any proceedure had or made by the said commissioners or any
others in pursuance of this act, to appeal therefrom unto the govern-
our and council for relief. \_Passed and published November 21.

CHAPTER 12.

AN ACT FOK THE REVIVING AND RE-ENACTING A CLAUSE IN THE ACT
INTITULED "AN ACT FOR THE REGULATING AND ENCOURAGEMENT OF
FISHERY," THAT HATH BEEN FOR SOME TIME REPEALED BY THE GEN-
ERAL ASSEMBLY.

Whereas, in the second paragraph of the said act it is enacted " that 1692-3, chap. 32.
henceforth no mackrel shall be caught (except for spending whilst fresh)
before the first of July annually " ; aiid whereas the said clause, by an act
afterwards made and passed by the general assembly, was repealed and
made void, which said repeal and the unseasonable catching of mack-
[a]rel thereupon hath been experienced to be very prejudicial to this
province, —

Be it therefore emicted by His Excellency the Governour, Council
and Rejyresentatives [convened] in General Court or Assembly, and it
is enacted by the authority of the same,

That the said clause above-recited shall be and is hereby revived and Penalty for
re-enacted, and that henceforth no person or persons whatsoever shall e^ei'beiorrt^e*
presume to catch or cause to be caught any mack[a]rel, (except for fif^t of July,

508 Province Laws.— 1702. [Chap. 13.]

spending whilst fresh,) before the first of July annually, on penalty of
forfeiting all the inack[a]rel so caught contrary to the true intent and
meaning of this act, and twenty shillings per barrel over and above for
each barrel of the same; the one half of the said forfeiture to be to her
majesty for and towards the support of this her government, and the
other half to him or them that shall inform and sue for the same in any
of her majesty's courts of record within this province. [Passed
November 11 ; signed by the Govei'nor and published November 21.

CHAPTER 13.

AN ACT FOR ALTERING THE TIME OF HOLDING THE COURT OF GEN-
ERAL SESSIONS OF THE PEACE, AND INFERIOUR COURT OF COMMON
PLEAS AT SALEM, WITHIN THE COUNTY OF ESSEX.

Whereas the time by law appointed for holding of the court of
general sessions of the peace, and inferiour court of common pleas, at
Salem, within the county of Essex, on the last Tuesday of December,
yearly, falls so far down into the winter, as that oftimes it is very diffi-
cult and impracticable, by reason of the extent of the county, and the
sevei'ities of the weather, and falling of great snows, for the justices
and others concerned to travel unto the same ; for remedy whereof,
and for the ease of her majesty's subjects, —

Be it declared and enacted by His Excellency the Governow\ Coun-
cil and Mepresentatives in General Court assembled^ and by the atithor-
ity of the same,

That the said court of general sessions of the peace and inferiour
court of common pleas, appointed to be held at Salem, within the
county of Essex, upon the last Tuesday of December, be, from and
after the said next court, holden and kept, at Salem aforesaid, upon the
last Tuesday of November, annually, any law, usage or custom to the
contrary notwithstanding. \_Passed November 10 ; signed by the Gov-
ernor and published November 21.

Notes. — The October session, which was prorogued Nov. 21, was the last session of this
General Court ; and a new writ was issued for the Assembly which convened on the tenth of
March following.

The engrossments of all the foregoing acts are preserved, and all, except chapters 4 and 5 and
the two private acts hereafter described, were printed. The title of an act, precisely similar to
the title of chapter 5, occurs in the list of acts received by the Board of Trade, as passed at the
October session ; but as no evidence of the passing of such an act can be found in the records
and archives of the Secretary's office, and as the Council voted to recommend the acceptance by
the Governor of a grant of i'200 made by the House, " in hopes the Assembly will have further
consideration of that Matter in another Session, and do that which is proper and honourable
for the Government," it is presumed that, by a clerical error, chapter 5 was included among the
acts of the October session. The private acts above referred to, bear the following titles: —

" An Act to enable Samuel Sewall, Esq'' and Hannah his Wife to settle certain lands at Mud-
d_y river, in the countj' of Sutfolke, upon Samuel Sewall their eldest Son." — \Pass<id Nov. 11;
signed by the Governor Nov. 21.

"An Act Impowring persons to make Sale of a INIessuage and Lands in Cambridge, belonging
to the heirs of Nathaniel Gookin, Clerk, deced, being minors." — [^Passed Nov. 17 ; signed by the
Governor Nov. 21.

For the action of the Board of Trade upon the acts of this year see notes to the two years
preceding.

Chap. 8. " Nov. 21, 1702. James Russell, Elisha Hutchinson, Nath' Byfield, John Leverett
& Samuel Legg, Esq" being nominated by the vote of the Representatives to be the Committee
for Imprinting & Signing the Bills of Credit appointed by the Court to be made and emitted,
The said vote was concurred with the Board, and is Consented to: J. Dudley."

— Council Records, vol. VII., p. 308.

Chap. 10. " Whitehall, May the 24"' 1704. * * * The Lord Bishop of London desired that
an Act past in the Massachusetts Bay entitulod An Act more effectually providing for the sup-
port of Ministers, being an addition to the Act entituled An Act for the settlement and support
<»f Ministers and School Masters made in the fourth year of the reign of King William and

[Notes.] Province Laws. — 1702. 509

Queen Mary may not be confirmed by Her Majesty, 'till he be heard thereupon." — Trade papers
(journals) hi Pub. Eec. Office, vol. XL, p. 48.

" — The Lord Bishop of London communicated to the Board a Copy of the Proceedings of the
Governoiir and Councill of the Massachusetts Bay, upon a Petition to them relating to the exe-
cution of an Act for the settlement and support of Ministers &», which was read, and ordered to
be taken into consideration with the said Act the first opportunity." — Ibid., p. 57.

Chap. 11. "Decem' 31, 1722. In the House of Represent'" the following questions were
put : * * * * * * * * ** »

2. "Whether by the Act of Octob"^ 15, 1702, the power given to the commissioners of sewers
can be construed to extend to the pulling down and demolishing of mill dams ? And it pass'd
in the negative.

In Council, Read ; ****** and the second question is resolved in the afSrmative." —
Council Records, vol. XL, p. 435.

" May SO* 1702. The Following Declaration past by the House of Representatives and Sent
up for Concurrance being read at the Board was concurred with & Consented to and Signed
by a Major part of the Council; Viz', Declared, That all Writts & processes in civil causes
by Law Established in the name & Stile of our late Sovereign Lord King William the third
be henceforward Issued in the name & Stile of her Present Majesty Anne by the Grace of
God of England Scotland France & Ireland Queen, Defender of the Faith &C'', and that y»
Clerks of the Several Courts of Justice within this Province and others concerned in Granting
of Writts do take notice thereof & conform themselves accordingly." — Ibid., vol. VII., p. 246.

ACTS,

Passed 1702—3.

[611]

ACTS

Passed at the Session begun and held at Boston,
ON the Tenth day of March, A.D. 1702-3.

CHAPTER 1.

AN ACT IN FURTHER ADDITION TO THE ACTS NOW IN FORCE WITHIN
THIS PROVINCE FOR THE GRANTING AND CONTINUING OF SEVERAL
DUTIES OF IMPOST, TUNNAGE OF SHIPPING AND EXCISE.

For the more effectual securing of the payment of the several duties
of impost, tunnage of shipping and excise, arising within this province,
according to the rates set in and by the acts and laws now in force for i70l,ch.i,2and
granting and continuing of the same, for the avoiding of disputes and ''■
for direction to the collectors and receivers of the said duties, —

Be it enacted and declared by His Excellency the Governour, Council
and Representatives in General Court assembled^ and by the authority
of the same,

[Sect. 1.] That all beer or ale usually sold at more than six shil- ^^^^g^^^Jfg^^
lings the barrel, is and shall be accounted strong beer or ale within shillings the
the intent of the act for granting an excise to be paid for the same ; count'ed'stronl.
and all beer or ale brewed by common brewers, and not duely entred as
the law directs, shall be accounted small ; and it shall and may be law- duf/'enfere'd"*©
ful to and for the commissioners of excise, or such as they shall appoint, be^accounted
to take and carry away the same for the use of the province, paying '
therefor in bills of credit, after the rate of six shillings the barrel ; that
all innholders and retailers that brew their own beer, shall be accounted
brewers within the intent of the said act ; that all brewers that make
due and full entiys and pay their excise, shall be allowed after the rate
of ten per centum for leakage.

And be it further enacted and declared by the authority aforesaid,

[Sect. 2.] That all masters of ships and other vessels are and shall ^JJP^f^^^J^
be equally obliged for the payment of the additional duties of impost, security,
as by law they are for payment of the first duties ; and the ship or
vessel and tackle are and shall be alike security to the master, as the
law provides for the first duty.

[Sect. 3.] And the commissioners and receivers of the duties of Commission-
impost and their underofficers shall and may use and exercise the same
powers in searching for, seizing, securing and prosecuting for goods im-
ported and not duely entred as are by law granted the commissioners of
excise, to search for, seize and secure in order to a tryal, any strong
beer, ale, spirits or strong liquors not duely entred ; and in case of
seizure the omis probandi to lye upon the claimer : provided, such search
and seizure be made within thirty days next after landing of such goods,
and no longer. And all officers are required to be aiding and assisting
the said commissioners or their underofficers in the seizing and secur-
ing of goods and vessels which they apprehend to be forfeited by law.

Peovince Laws. — 1702-3.

[Chap. 2.]

And be it further enacted^
Underofficers [Sect. 4.] That for the better preventing of frauds and for securing

to be appointed, ^f ^|^g duties of impost, &c., there be such and so many officers ap-
jjointed by warrant from his excellency the governour as the commis-
sioners shall think needful to assist therein, who shall be under oath for
the faithful discharge of the trust committed to them ; and the commis-
sioners may procure boats or vessels, and when need shall be hire men
to go in them, and make reasonable satisfaction to such as they shall
imploy for their service.

[Sect. 5.] And if any officer iraployed in and about the impost,
tunnage of shipping or excise, shall be convicted of taking or receiving
any bribe, fee or reward, directly or indirectly to connive at, conceal or
not seize any wines, liquors, goods, boats or vessels seizable by law,
every such officer shall forfeit fifty pounds, or six months imprisonment,
and be rendred uncapable of serving her majesty in any office.

[Sect. 6.] And if any person or persons shall be convicted of giving
any fee or reward to any officer or officers imployed in and about the
impost and excise, to withdraw them from their duty, in conniving at
any transgression or breach of the law, such person or persons so offend-
ing shall be liable to the like pains and penalties as aforesaid ; all which
penalties and forfeitures shall be recovered and disposed of in manner as
the law directs, referring to other forfeitures for breach of the acts of
impost and excise. Provided^

[Sect. 7.] This act shall continue in force during the continuance of
the said duties of impost, tunage of shipping and excise, and no longer.
\_Passed March 27 ; published March 29, 1703.

Penalty for tak
ing of bribes ;

—for giving of
bribes.

CHAPTER 2

AN ACT AGAINST THE DIMINISHING AND COUNTERFEITING OF MONEY.

Counterfeiting
or diminishing
of her majesty's
coins.

Counterfeiting
or diminishing
of the current
money of the
province.

Clippings, fil-
ings, &c.

JSe it enacted and declared by His Excellency the Governour^ Council
and Representatives in General Court assembled^ and by the authority
of the same,

[Sect. 1.] That every person duely convicted of counterfeiting or
impairing, diminishing or debasing any of her majesty's coines, by wash-
ing, clipping, rounding, filing or scaling of the same, shall be proceeded
against as a felon, and suffer the paines of death.

[Sect. 2.] And that every person duely convicted of counterfeiting,
or impairing, diminishing or debasing any of the money, established to
be current money within this province according to the act for ascer-
taining the value of coines cun-ent within this province, by washing,
clipping, rounding, filing or scaling of the same, shall be set in the
pillory by the space of one whole hour, and have one of his ears nailed
thereto, and also be publickly whipt upon the naked body, with so
many stripes as the court before whom the conviction shall be shall
order, not exceeding forty, and pay all charges of prosecution.

And be it further enacted by the authority aforesaid,

[Sect. 3.] That every person duely convicted of buying or receiv-
ing any clippings, scalings or filings of money, shall forfeit and pay a
fine of twenty pounds, one moiety thereof unto her majesty, for and
towards the support of the government within this province, and the
other moiety to him or them that shall inform and sue for the same ;
and also be imprisoned by the space of three months. \_Passed
March 27 ; published March 29, 1703.

[1st Sess.] Province Laws. — 1702-3. 515

CHAPTER 3.

AN ACT FOR CONTINUING OF THE APPORTIONING OF THE TAX GRANTED
AT THE LAST SESSION OF THE GENERAL ASSEMBLY.

Whereas the great and general court or assembly, at their session
held at Cambridge, the fifteenth day of October, one thousand seven
hundred and two, did grant unto her most excellent majesty a tax of ^''°2> *^' ^» S *•
six thousand pounds, to be levied on polls and estates, both real and
personal, within this province, according to such rules, and in such
propoi'tion, upon the several towns and districts within the same as
[should] [shaW] be agreed on and ordered by the great and general
court or assembly of this province, at their next session, —

£e it therefore enacted by His Excellency the Governour^ Council
and Representatives in General Court assembled., and it is enacted by
the same.

That the said tax of six thousand pounds granted [w^i]to her most
excellent majesty in the before-recited act, be continued to be appor-
tioned and set upon the several towns and precincts within this prov-
ince, in such proportion upon the several towns and districts within the
same as shall be agreed on and ordered by the great and general court
or assembly at their sessions in May next. \_Passed March 27 ; pub-
lished March 29, 1703.

CHAPTER 4.

AN ACT FOR BETTER INQUIRY INTO THE RATABLE ESTATE OF THE
RESPECTIVE TOWNS.

Whereas there hath been great complaint that the several towns
and precincts within this province do not bear their equal proportions
in the late taxes ; for prevention thereof, and that there may be a more
just and equal way to proportion the several towns and inhabitants of
the same, —

Be it therefore enacted by His Excellency the Governour, Council
and Representatives in General Court assembled, and by the authority
of the same,

[Sect. 1.] That every town and precinct within this province shall A commission-
forthwith, after the publication hereof, make choice of and appoint pointed in^each
some able and discreet person in their town to be a commissioner to ^j^h/hg^as-'*
joine with the late selectmen or assessors that made the valuation of sessors.
the estates in their respective towns in the last year; viz., [1702,] \_one
thousand seven Jiundred and two,'] who shall one or more of them go
and demand, at the place of the abode of each person respectively in the
several towns, an account of all polls and ratable estate, both real and
personal, goods, wares and merchandize, &c. ; and also shall make of ^aiuationofes-
the real estate a true and just valuation according to their best judg-
ment and discretion, estimating housing and land at six years' income,
as they will let for in the places where they lye ; and also make a true
list, with four distinct columns, namely, of polls, of real estate, of per-
sonal estate, and of faculties. And all personal estate shall be valued
according to the niles and directions given in a tax bill made in the 1702, chap. 4.
year [1702] \_one thousand seven hundred and tioo~\.

[Sect. 2.] Which said list, being perfected and signed by the said Commissioners
commissioner and the major part of the selectmen or assessors, the shirlf town!'^*^
said commissioner of each town shall meet at the shire town in the

516

Province Laws. — 1702-3.

[Chap. 4.]

Lists, when per-
fected, to be de-
livered to the
representatives
of the shire
town.

Penalty on com-
missioners and
assessors.

Commission-
ers, &c., to be
sworn;

—their allow-
ance.

respective counties the second Tuesday in May next, there to examine
and compare the said lists. And if any of the said commissioners do
not present a just and true list of all ratable polls, with the real and
personal estate of the town to which they do belong, the commissioners
may and shall advance upon such town, according to their best judg-
ment and discretion.

[Sect. 3.] And the several lists, being perfected and signed by the
said commissioners, shall be delivered to the representatives respec-
tively of each shire town, who shall make return of the said list[s] to
the general court in May next, for a direction for more just apportion-
ing of the several towns.

[Sect. 4.] And in case any of the said selectmen or assessors hap-
pen to be removed by death, or out of the town they did belong unto,
such town may or shall make choice of othei's to supply their place.

[Sect. 5.] And if any person or persons shall neglect or fail to give
a true list of their estate and polls, the commissioners and selectmen or
assessors may and shall doom them according to their best judgment
and discretion. And if any commissioners, selectmen or assessors shall
neglect or fail of their duty therein, they shall forfeit and pay each of
them the sum of forty shillings, to be paid, one half to him or them
that shall inform or sue for the same, and the other half to be paid for
and towards the support of the schoolmaster in said town ; and for
want of such schoolmaster, according to law in said town, then to the
use of the next grammer-school master in the county.

[Sect. 6,] And the several commissioners, selectmen or assessors
shall be sworn to their true and faithful discharge of their respective
duties and trusts committed to them therein, and shall be allowed two
shillings and sixpence each per diem for their service, to be paid out of
their respective town treasurys. [^Passed March 27 ; published March
29, 1703.

Note. — This General Court, called by new writs, because the former assembly had been
convened by virtue of writs issued in the name of King William, and a demise of the crown
had occurred more than six months previous to the date of the last prorogation, held but one
session, commencing Mar. 10, and ending Mar. 27, during which only the four acts above printed
were passed. The engrossments of these are preserved.

The Board of Trade pursued the same course with all the acts passed from the April session,
1701, to the August session, 1706, inclusive; and an account of all that has been discovered
concerning their action upon these laws is given in the notes at the end of the acta for 1700-1,
and 1702, ante.

ACTS,

Passed 170 3—4.

[517J

ACTS

Passed at the Session begun and held at Boston,
ON THE Twenty-Sixth day of May, A. D. 1703.*

CHAPTER 1.

AN ACT RELATING TO MOLATO AND NEGRO SLAVES.

Wheeeas great charge and inconveniences have arisen to divers
towns and places, by the releasing and setting at liberty molato and
negro slaves ; for prevention whereof for the future, —

J?e it declared and enacted hy His Excellency the Governour^ Council
and Representatives in General Court assembled^ and by the authority
of the same,

[Sect. 1.] That no molato or negro slave shall hereafter be nianu- Security to be
mitted, discharged or set free, until sufficient security be given to the fattoeso^r^e-
treasurer of the town or place where such person dwells, in a valuable |^^^ ^^mYagi
sum, not less than fifty pounds, to secure and indempnify the town or
place from all charge for or about such molato or negro, to be manu-
mitted and set at liberty, in case he or she by sickness, lameness, or
otherwise, be rendred uncapable to support him- or herself

[Sect. 2.] And no molato or negro hereafter manumitted shall be None to be ac-
deemed or accounted free, for whom security shall not be given as whonf security'^
aforesaid, but shall be the proper charge of their respective masters or is iio* given,
mistresses, in case they stand in need of relief and support, notwith-
standing any manumission or instrument of freedom to them made or
given, and shall also be liable at all times to be put forth to service by
the selectmen of the town. \_Passed July 28 ; published July 31.

CHAPTER 2.

AN ACT FOR FURTHER CONTINUING OF SEVERAL ACTS THAT ARE NEAR

EXPIRING.

Whereas the act intituled " An Act for giving necessary supplies to
the eastern Indians, and for regulating of trade with them," passed by
the general assembly of this province, in the eleventh year of the reign
of his late majesty King William the Third, the act intituled "An
Act for punishing of officers and souldiers who shall mutiny or desert
his majesty's service," the act intituled "An Act to prevent the de-
serting of the frontiers of this province," both made and passed by the
general assembly, in the twelfth year of his said late majesty's reign,
are near expii-ing, and will determin at the end of this present session

* Continued, by adjournment, from the eighth day of June unto the thirtieth day of June,
following.

620 Province Laws.— 1703-4. [Chap. 3.]

of the general assembly, unless provision be made for the further con-
tinuation of the same ; which acts, under the present conjuncture of
affiurs, are necessary to be continued and remain in force for a further
and longer time, —

J3e it therefore enacted and declared hy His Excellency the Governour,
Council and Representatives in General Court assembled, and by the
authority of the satne.

That the three several acts intituled as abovesaid, that is to say, the
Indian trade, act intituled " An Act for giving necessary supplies to the eastern In-
Mutiny or de- ' dians, and for regulating of trade Avith them, the act intituled " An
5H^'°,-;^ T c. Act for punishinc: of officers and souldiers who shall mutiny or desert

1699-1700,cli. 21. , . • ^- 1 ^. „ 1 ,1 ^ • ^-^ ^ -\ I, K k j. u. ^ ^i

Deserting of liis majcstic s scrvicc, and the act intituled "An Act to prevent the
iflM^'i'^nn'^rw deserting of the frontiers of this province," and all and singular the
paragraphs, clauses, articles, directions, powers, penalties, lorieitures,
matters and things in the said several acts, and every of them respec-
tively contained, together with the paragraph or clause in addition to
i699-iroo,cii. 19. the act intituled " An Act for levying souldiers," contained in the act
1701-2, chap. 14. intituled "An Act for further continuing of several acts therein men-
tioned that arc near expiring," made in the thirteenth year of the reign
of his said late majesty King William the Third, be and hereby are
revived, and further continued to abide and remain in full force, and to
be exercised, practised, and put in execution, to and for the ends, in-
tents, uses and purposes in the said acts respectively mentioned, until
the end of the session of the great and general court or assembly, to be
convened, held and kept upon the last Wednesday of May, which will
be in the year of our Lord God one thousand seven hundred and four,
(any proviso or limitation in the said acts intituled as aforesaid, or in
either or any of them to the contrary in any wise notwithstanding,) and
no longer. [Passed July 17 ; published July 31.

CHAPTER 3.

AN ACT FOR GRANTING UNTO HER MAJESTY A TAX UPON POLLS AND

ESTATES.

Whereas the great and general court or assembly of her majesty's
province of the Massachusetts Bay in New England, begun and held at
Boston, upon Wednesday the twenty-seventh of May, 1702, and con-
tinued, by several prorogations, unto Thursday the fifteenth of October
following, and then satt at Cambridge, passed an act for makeing and
emitting of bills of credit to the sum in the said act mentioned, and
granted the dutys of impost and excise as a fund and security for the
repayment and drawing in of the said bills to the treasury again ; and,
as a further fund and security for the same, and for defraying of the
further necessary growing charge of the province, the defence of her
majesty's subjects and interests within the same, and support of the
government thereof, granted to her most excellent majesty, to the ends
1702, ch. 8, § 4. and uses aforesaid, a tax of six thousand pounds, to be levied on polls
and estates, both real and personal, within this province, according to
such rules, and in such proportion upon the several towns and districts
within the same, as should be agreed on and ordered by the great and
general court or assembly of this j^rovince at their next sessions, and to
be applyed to such further use and uses as the said court shall direct,
and to be paid in to the treasurer on or before the last day of Novem-
ber, in the year of our Lord one thousand seven hundred and three, —
and whereas, at the great and general court or assembly of her majesty's
said province, begun and held at Boston, on Wednesday, the tenth day

[1st Sess.] Province Laws. — 1703-4. 521

of March, 1702, an act pass'cl for continuing of the apportioning of the
tax granted at tlie said last session of tlie general assembly, until the
session in May following, being this present session, wherein the pro-
portions, on every town hereafter expressed, are agreed on and con-
cluded to be the sum exprcst for the aforesaid fund and for a further
fund for ten thousand pounds more, in bills to be emitted, — which said
tax on polls and estates amounts, in the whole, unto eleven thousand
four hundred and ninety-two pounds, five thousand four hundred and
ninety-two pounds of Avhich sum is in addition to the former six thou-
sand pounds, —

We, her majesty's loyal and dutiful subjects, the representatives of
this her majesty's province of the Massachusetts Bay in New England,
convened in general assembly, haveing had before us the accompts of
the treasury, and being thereby sensible of the necessity of granting a
further supply of money, as well for the paying and discharging of the
debts already due and oweing from the province, as of the future grow-
ing charge thereof; for subsisting and paying of wages to souldiers and
seamen and vessels' hire, that are or shall be imployed in her majesty's
service within this province ; for the paying of such salaries, gratuities
and allowances as have been or shall be made by the general court or
assembly ; and such other allowances and payments as are directed by
any act thereof to be made out of the publick treasury, and for support
of the government, and also for answering of the incident charges in
and about the same, — do unanimously grant unto her most excellent
majesty, for the ends, uses and intents before mentioned, and no other,
a tax of eleven thousand four hundred and ninety-two pounds, to be
assessed in manner as is herein after expressed ; —

And be it enacted and declared by His Excellency the Governour^
Council and Representatives in General Court assembled^ and by the
authority of the same,

[Sect. 1.] That the treasurer do forthwith send out his warrants,
directed unto the selectmen, trustees or assessors of each respective
town or precinct within this province, requiring them to assess the sum
herein set and proj)ortioned unto such towm or precinct, upon all rate-
able male polls above the age of sixteen years, at five shillings on the
poll (except the governour and lieutenant-governour and their familys,
president, felloAvs and students of Harvard Colledge, elders of churches,
setled ministers, grammer-school masters, and such who, through age,
infirmity or extream poverty, in the judgement of the selectmen, trus-
tees or assessors, are rendred uncapable to contribute towards publick
charges), who are hereby exempted as well from being taxed for their
polls, as for their estate, being in their own hand, and under their actual
management and improvement ; and on all estates, both real and per-
sonal, lying within the limits and bounds of such town or precinct, or
next unto the same, not paying elsewhere, in whose hand, tenure, occu-
pation or possession soever the same shall be found ; and income by
any trade or faculty Avhich any person or persons do or shall exercise
(except as before excepted), at one penny on the pound; and to abate
or multiply the said sum, if need be, so as to make up the sum hereby
sett and ordered for such town or precinct to pay ; and in makeing their
assessment to estimate houses and lands at six years' income of the
yearly rent whereat they are or may be reasonably sett or lett for, in
the places where they lye, (savoing all contracts betwixt landlord and
tenant ; and where no such contract is, the landlord to re-imburse the
one-halfe of the tax set upon such houses and lands), and to estimate
Indian, malatto and negro servants proportionably, as other personal
estate, according to their sound judgement and discretion ; also to esti-
mate every ox of four years old and upward, at forty shillings ; eveiy
cow of three years old and upward, at thirty shillings ; every horse and
66

522

Province Laws. — 1703-4.

[Chap. 3.]

mare of three years old and upward, at forty shillings ; every swine of
one year old and upward, at eight shillings ; and every sheej) of one
year old and upwards, at four shillings ; likewise requireing the assessors,
selectmen or trustees to make a fair list of the said assessment, setting
forth, in distinct collumns, against each particular person's name, how
much he or she is assessed at for polls, and how much assessed at for
houses and lands, and how much for personal estate, and income by any
trade 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 con-
stables of such town or precinct ; and to return a certificate of the name
or names of such collector, constable or constables, together Avith the
sum total to each of them respectively comitted, unto himselfe, some-
time before the last day of September next.

[Sect. 2.] And the treasurer, upon receipt of such certificate, is
hereby impowred and ordered to issue forth his warrants to the collec-
tors, constable or constables of such town or precinct, requiring him or
them respectively to collect the one-halfe of each respective sum assessed
on each particular person, at or before the last day of November next,
and pay in the same at or before the said time ; and to collect the other
halfe of each particular person's assessment, and pay in the same into
the treasurer, and issue the accompts of the whole, Avith himselfe or his
successors in said office, at or before the last day of March next ensueing.
A?id be it further enacted by the authority aforesaid^
[Sect. 3.] That each town and precinct within this province shall
be assessed and pay as its proportion to this present tax the sum here-
after following ; that is to say, —

IN THE COUNTY OF SUFFOLKE.

Boston, two thousand one hundred pounds, .
Roxbury, one hundred and sixty pounds,
Dorchester, two hundred and twenty pounds,
Milton, seventy-one pound ten shillings,
Brantry, one hundred fifty-six pounds, .
Weymouth, ninety-seven pound ten shillings,
Hingham, one hundred seventy-three pound five shil

lings,

Dedham, one hundred twenty-one pounds, .
Wrentham, thirty-eight pound fifteen shillings,
Medfield, one hundred and seventeen pound fifteen

shillings, ........

Mendon, thirty-six pound fifteen shillings, .
Hull, forty pound five shillings, ....

Woodstock, thirty-two pound ten shillings, .

IN THE COUNTY OF ESSEX.

Salem, four hundred and seven poixnds,
Ipswitch, four hundred seventy-five pounds,
Newbury, three hundred forty-nine pounds five shil

lings, .

Salisbury, one hundred pounds five shillings,
Amsbury, seventy-one pounds ten shillings, .

Topsfield, ninety pounds,

Haverhill, one hundred twenty-five pounds, .
Andover, one hundred fifty-five pounds ten shillings,
Bradford, fifty-two pounds ten shillings,
Marblehead, one hundred eighty-four pounds,
Linn, one hundred sixty-five pounds, .
Wenham, sixty -four pounds, ....

Beverly, one hundred and thirty pounds ten shillings,

£2,100

160

220

156

173

121

117

407

475

349

100

125

155

184

165

130

[1st Sess.]

Province Laws. — 1703-4.

528

Glocester, ninety-six pounds five shillings,
Manchester, twenty-three pounds,
Rowly, one hundred twenty-five pounds,
Boxford, sixty-nine pounds five shillings.

£96 5s. Od.

23 0 0

125 0 0

69 5 0

shil

shil.

IN THE COUNTY OF MIDDLESEX.

Cambridge, one hundred eighty-nine pounds five shil-
lings,

Charlestown, two hundred ninety-five pounds,

Watertown, two hundred and six pounds fifteen
lings, .......

Newtown, ninety-five pounds five shillings, .

Sudbury, one hundred twenty-fi)ur pounds, .

Marlboro, one hundred twenty-three pounds five

lings, /

Medford, thirty-seven pounds five shillings, .

Maiding, ninety-three pounds,
Wobourne, one hundred sixty-five pounds, .
Redding, one hundred and twenty-seven pounds five
shillings, .......

Bilerica, seventy-eight pounds fifteen shillings,
Chelmsford, eighty-three pounds ten shillings,
Concord, one hundred seventy-three pounds,
Stow, twenty-five pounds, ....

Growton, forty-seven pounds,
Lancaster, forty-three pounds,
Sherbounie, sixty-nine pounds ten shillings,
Framingham, forty-two pounds five shillings,

Dracott, ten pounds,

Dunstable, sixteen pounds five shillings.

189 5 0

295 0 0

206 15 0

95 5 0

124 0 0

123 5 0

37 5 0

93 0 0

165 0 0

127 5 0

78 15 0

83 10 0

173 0 0

25 0 0

47 0 0

43 0 0

69 10 0

42 5 0

10 0 0

16 5 0

IN THE COUNTY OF HAMPSHIRE.

Springfield, one hundred thirty-six povmds, .
Northampton, one hundred twenty-five pounds five
shillings, .......

Hadley, eighty-eight pounds fifteen shillings,
Hatfield, seventy-eight pounds five shillings,
Sufiield, forty-five pounds, ....

Westfield, seventy pounds, ....

Infield, thirty-eight pounds ten shillings,
Deerfield, thirty-four pounds five shilUngs, .

136 0 0

125 5 0

88 15 0

78 5 0

45 0 0

70 0 0

38 10 0

34 5 0

IN THE COUNTY OF PLYMOUTH.

Plymouth, one hundred and fifty pounds, . . . 150 0 0

Situate, two hundred pounds, 200 0 0

Marshfield, one hundred pounds five shillings, . . 100 5 0

Duxbury, ninety-five pounds, 95 0 0

Bridgewater, one hundred and eighteen pounds five

shillings, 118 5 0

Middleboro, forty-two pounds five shillings, . . . 42 5 0

IN THE COUNTY OF BARNSTABLE.

Barnstable, one hundred and eighty pounds, . . 180 0 0
Yai-mouth, ninety-nine pounds ten shilUngs, . . 99 10 0
Eastham, one hundred and thirty pounds, . . . 130 0 0
Sandwitch, one hundred twenty-eight pound five shil-
lings, 128 5 0

Falmouth, thirty-six pounds fifteen shillings, . . 36 15 0

Mannamoy, thirty-four pounds fifteen shillings, . . 34 15 0

£36 15s,
50 0

.Od,
0

110 0

190 5

0
0

172 10

30 0

130 0

125 0

130 0

82 10

17 10

0
0
0
0
0
0
0

40 0
30 0
80 0

0
0
0

54 10
34 0
50 10

0
0
0

524 Province Laws.— 1703-4. [Chap. 3.]

Rochester, thirty-six pounds fifteen shillings,
Harwich, fifty pounds, .......

IN THE COUNTY OF BRISTOL.

Bristol, one hundred and ten pounds, ....
Taunton, one hundred and ninety pounds five shillings,
Dartmouth, one hundred seventy-two pounds ten shil-
lings, ;

Freetown, thirty pounds, ......

Rehoboth, one hundred and thirty pounds, .
Swanzey, one hundred twenty-five pounds, .
Little Compton, one hundred and thirty pounds, .
Tiverton, eighty-two pounds ten shillings, .
Attleborough, seventeen pounds ten shilHngs,

IN THE COUNTY OP YORKE.

Yorke, forty pounds, .......

Wells, thirty pounds,

Kittery, eighty pounds,

IN DUKES COUNTY.

Edgar Town, fifty-four pound ten shillings, .

Tisbury, thirty-four pounds,

Chilmark, fifty pounds ten shillings, ....

Nantuckett, one hundred and five pounds, . . , 105 0 0

A^nd be it further enacted^

[Sect. 4.] That the assessors of each town and precinct, respec-
tively, in convenient time before their makeing the assessment, shall
give seasonable warning to the inhabitants in a town meeting, or by
posting up a notification in some place or places in such town or pre-
cinct, or otherwise notify the inhabitants to give or bring in to the said
assessors true and perfect lists of their polls and rateable estate ; and if
any person or persons shall neglect or refuse so to doe, or bring in a
false list, it shall be lawful to and for the assessors to assess such per-
son or persons according to their known ability within such town, in
their sound judgement and discretion, their due proportion to this tax,
after and according to the rules herein given, annexing the penalty of
five shillings for each that shall and may be convicted of bringing in a
false bill ; and said fine shall be for the use of the poor in such town
where the delinquent lives.

And he it further etiacted by the authority aforesaid,

[Sect. 5.] That the treasurer be and is hereby impowred to issue
forth a certain number of the bills of credit lately made for the province
use, to the sum of ten thousand pounds, and no more, towards the uses
for which this present tax is granted. And the said bills shall j^ass out
of the treasury at the value therein expressed, equivalent to money,
and shall be taken and accepted in all publick pajonents, at the advance
and after the rate of five pounds per cent more ; this coui't having
ordered the imprinting of the further sum of five thousand pounds in
the said bills, the other five thousand pounds to be of the bills already
emitted and brought in again to the treasury, for which last mentioned
five thousand pounds the province accompt is to be debited with the
advance of two hundred and fifty jiounds whereat they were received
into the treasury.

[Sect. 6.] Supposing that this present tax, with the dutys of impost
and tunnage of shipping and excise will be a sufficient fund to answer
the bills of credit that have been formerly, and are now further ordered

[1st Sess.] Province Laws.— 1703-4. 525

to be emitted ; and for what they shall fall short of drawing in all the
said bills into the treasury, this court do give the publick faith that a
further grant shall be made at the session of this court in May, one
thousand seven hundred and four.

And be it further enacted^

[Sect. 7.] That the act made in the twelfth year of the reign of
King William the Third, intituled "An Act directing how rates and 169»-I70&,ch.26.
taxes to be granted by the general assembly shall be assessed and
collected," and all and singular the paragraphs, clauses and articles
thereof, powers, penaltys, forfeitures, matters and things therein con-
tained, be and hereby are revived and further continued to abide and
remain in full force, and to be exercised, practised and put in execution
for the ends, uses and purposes therein mentioned, until the twenty-
ninth day of June, that shall be in the year of our Lord one thousand
seven hundred and six, and no longer : saving that the town of Bos-
ton is excepted from the general rule therein contained, referring to
town rates, as is provided in a paragraph of an act intituled " An Act 1701-2, chap. 8.
prescribing the fonn of a warrant for collecting of town assessments,
&c." \_Passed July 27 ; published July 3L

CHAPTER 4

AN ACT FOR GRANTING UNTO HER MAJESTY SEVERAL RATES AND DUTTS
OF IMPOST AND TUNNAGE OF SHIPPING.

Whereas, by an act of the general assembly held at Cambridge the
fifteenth of October, one thousand seven hundred and two, there was
given and granted unto her majesty an additional impost and excise, 1702, chap. r.
which terminates on the fifteenth day of October next, and it being
found that the said act hath proved ineffectual for the ends whereto it
was pi-oposed, and also hath been a great discouragement to the bringing
in to this her majesty's province the several sorts of goods, wares and
merchandizes therein enumerated ; now, therefore, that the ends pro-
pounded as aforesaid may be attained ; to wit, a greater supply to her
majesty's treasury in this province, this house hath agreed that the
following dutys shall be paid, and pray her most excellent majesty that
they may be accepted in stead and lieu of the aforesaid additional
dutys, and that the said additional dutys may forthwith cease, be let
fall, and no further taken ; humbly presuming that the dutys herein-
after mentioned to be granted will more advance the Queen's treasury
in this province, and give more encouragement to the bringing in of
the said commodities, —

We, her majesty's loyal and dutiful subjects, the representatives
of this her majesty's province of the Massachusetts Bay in New Eng-
land, takeing into consideration the necessity of granting a supply of
money, for defreying the necessary growing charges for suppoi't of
the government within the said province, and for answering the inci-
dent and contingent charges in and about the same ; for discharge
and payment of the debts already due from the province ; and as a
further fund for the province bills lately and further ordered to bo
emitted by this session ; for the subsisting and paying of wages to the
Bouldiers and seamen imployed in her majesty's service at the castle
and forts within this province, and on board the province galley ; for
payment of the salaries and allowances to the officers imployed in and
about the execution of this act ; and such other salaries, gratuitys and
allowances as have been or shall be made and granted by the general
assembly, or directed by any act thereof to be made out of the prov-

526 Province Laws.— 1703-4. [Chap. 4.]

ince treasury, have cliearfully and unanimously given and granted, and
do hereby give and grant unto her most excellent majesty, to the ends,
uses and intents aforesaid, the several dutys of impost upon wines,
liquors, goods, wares and merchandizes that shall be imported into this
province, and tunnage of shipping hereinafter mentioned and expressed,
and pray that it may be enacted, —

And be it accordi7igly enacted by Sis Excellency the Governour^
Council and Ilepresentatives in General Court assembled, and by the
authority of the same,

[Sect. 1.] That for and dureing the continuance of this present act,
there shall be paid by the importer of all wines, liquors, goods, wares
and merchandizes that shall be imported into this province (salt, cotton-
wool, provisions and every other thing of the growth and product of
New England excepted), the several rates and dutys of impost follow-
ing ; that is to say, —

For every j)ipe of common wine of the Western Islands, the sum of
fifteen shillings.

For every pipe of Canary, Malago, or sherry wine, the sum of twenty-
five shillings.

For every pipe of Madera, or Passado wine, the sum of twenty shil-
lings.

For every pipe of port wine, or wine of any of the sorts not before
mentioned, the sum of thirteen shillings and fourpence. And so pro-
portionably for greater or lesser quantities.

For every hogshead of rhum, or other spirits, not exceeding one
hundred gallons, the sum of fifteen shillings ; and for other caske pro-
portionably.

For every gallon of rhum, or other spirits, distilled within this

province, one penny ; to be paid by the distiller, who is from time to

time to make entry thereof with the commissioner or receiver of the

impost, on pain of forfeiting all such as shall be found and not entred

• by the space of forty-eight hours next after the drawing thereof.

For every hundred pound sterling in English merchandizes, at the
prime cost in England, the sum of twenty shillings.

For every hogshead of sugar, two shillings.

For every hogshead of mollases, one shilling.

For every hogshead of tobacco, two shillings and sixpence.

For every ton of logwood, thi'ee shillings.

And for all other commodoties, goods, wares and merchandizes (salt,
cotton-wool, provisions, and every other thing of the growth and prod-
uct of New England, excepted as aforesaid), one penny for every
twenty shillings' value here.

And be it further enacted by the authority aforesaid,

[Sect. 2.] That for and dm-eing the time of the continuance of this
act, there shall be paid by the master of every ship, or other vessel,
comeing into any port or ports in this province to trade or trafiick, the
major part of the owners whereof are not belonging to this province,
(except such vessels as belong to the provinces of Pensilvania, West
and East Jersey, New York, Connecticott, Rhoad Island or New
Hampshire), every voyage such ship or vessel doth make, one pound of
good new gunpowder for eveiy tun such ship or vessel is in burthen ;
to be paid unto the commissioner or receiver of the dutys of impost,
and to be imj^loyed for the supply of her majesty's castle and forts
within this province.

And be it further enacted by the authority aforesaid,

[Sect. 3.] That all and singular the clauses, articles, paragraphs,

powers, directions, matters and things contained in the act intituled

"An Act for granting unto his majesty several rates and dutys of

i70i-2,chap. 16. impost and tunnage of shipping," made in the thirteenth year of the

[1st Sess.] Province Laws. — 1703-4. 527

reign of his late majesty, King William the Third, for or relating to
the collecting, receiving, or enforceing payment of any of the said
rates and dutys of impost and tunnage of shipping, by the aforesaid
act granted, and all penalties and forfeitures in the said act mentioned
and expressed, shall be and are hereby revived, and further continued,
to abide and remain in full force, and to be exercised, practised and put
in execution for collecting, securing and enforceing payment of the
dutys in this act, respectively, mentioned, until the twenty-ninth day
of June, which will be in the year of our Lord one thousand seven
hundred and four, any limitation in the said act to the contrary thereof
in any wise notwithstanding : provided, also,

[Sect. 4.] That this act shall continue in force until the twenty-
ninth day of June, aforesaid, in the year 1704, and no longer. \_Passed
July 29; published July 31.

CHAPTER 5.

AN ACT GRANTING UNTO HER MAJESTY AN EXCISE UPON WINES, LIQUORS
AND STRONG DRINKE SOLD BY RETAILE.

We, her majesty's loyal and dutiful subjects, the representatives of
this her province of the Massachusetts Bay, in New England, takeing
into consideration the growing charges of the province for the support
of the government thereof, and defraying of the incident and contin-
gent charges in and about the same ; for the subsisting and paying of
wages to souldiers and seamen imployed in her majesty's service within
this province ; and for the payment of such salaries and allowances as
have been or shall be made by the general assembly, or directed, by
any act thereof, to be made out of the publick treasury ; and as a fur-
ther fund for the province bills by this court emitted, have cheerfully
and unanimously given and granted, and do hereby give and grant unto
her most excellent majesty, for the ends, uses and intents aforesaid, and
no other, an excise upon all wines, brandy, rhum, and other distilled
liquors, beer, ale, perry, cyder, mead, or metheglin, that shall be sold
by retaile within this province, according as is hereinafter mentioned
and expressed ; and pray that it may be enacted, —

And he it accordingly enacted by Sis Excellency the Governour^
Council and Hepresentatives in General Court assembled, and by the
authority of the same,

[Sect. 1.] That the justices of the court of general sessions of the
peace in each respective county or place within this province, at their
first and next court, according to the time stated and prefixed by law,
or at their meeting ujDon adjournment of any court already begun, or
at such other time as they shall appoint to meet, as soon as conven-
iently may be after the publication of this act, shall be and are hereby
impowred to renew and gi-ant licences to such and so many persons,
within the same county, to be innholders, common victuallers, tavern-
ers, and retailers of strong drink, as they shall judge suitable and for
the conveniency and accommodation of the county, haveing regard to
the directions of the law in that respect ; and that before their grant-
ing or renewing of such licences, as aforesaid, said justices shall deter-
mine and apportion what each person so to be licensed shall pay, as an
excise, for his or her draught, dureing the space of one year, commence-
ing from the twenty-ninth day of June last past.

[Sect. 2.] And each person so to be licensed as aforesaid shall, be
fore his or her receiveing out the same from the clerke of the peace,
enter into recognizance unto her majesty, with one or more sufficient

528 Province Laws.— 1703^4. [Chap. 5.]

surety or suretys, before one or more of the justices of such county,
well and truely to pay the sum set and apportioned by the justices, as
aforesaid, for his or her draught dureing the space aforesaid, by two
equal payments ; that is to say, one moiety thereof at the expiration of
each half year, successively, from the said twenty-ninth day of June,
unto the person hereafter mentioned to be the receiver of the same.

And, for the direction of the justices of the several courts of general
sessions of the jDcace, in determining and apportioning the sum to be
paid by each retailer for his or her excise, as aforesaid, —

Be it further enacted by the authority aforesaid,

[Sect. 3.] That the said justices shall make a computation of what
the excise of such wines, liquors or strong drink as they may be
informed or probably conjecture each retailer shall sell within the said
space of one year, will amount unto according to the rates following ;
that is to say, —

For every gallon of common wine of the Western Islands, the sum
of fourjjence.

For eveiy gallon of Passado, Malago, Malmse, Canary or sherry
wines, the sum of eightpence.

For every gallon of Madera, port wine, or other wines not of any of
the sorts before mentioned, the sum of sixpence.

For every gallon of rhum, and all sorts of distilled spirits, the sum
of eightpence.

For every barrel of beer, ale, perry or cyder, the sum of twelvepence.

And for mead, or metheglin, two shillings a barrel. And so in pro-
portion for greater or lesser quantities.

And haveing made such computation as aforesaid, to determin and
apportion the sum to be paid by each retailer as aforesaid, agreeable, as
near as may be, to what the same shall thereby amount unto.

And be it further enacted by the authority aforesaid,

[Sect. 4.] That the clerke of the peace in each county shall, within
the space of one month next after granting of licenses, as aforesaid, to
the retailers in such county, transmit to the treasurer and receiver-
general of this province a perfect list, under his hand, of the names of
the several persons that shall be so licensed, together with the sum
apportioned to each of them, respectively, to be j)aid for excise ; and
that the treasurer of the province shall be the receiver of the said
excise, unto whom the respective retailers shall pay in the sum appor-
tioned unto them at the time of granting their licenses, from time to
time, as the same shall become due, according to the recognizances to
be by them given as aforesaid. And in case of any retailer's failing of
paying in the same, the said treasurer is hereby impowred and directed
to put in suit, on her majesty's behalfe, the recognizance or recogni-
zances of him, her or them so makeing default, any law, custom or usage
to the contrary notwithstanding.

And, to the intent that all persons who shall presume to sell without
license may be suppressed and duely animadverted upon, —

Be it further enacted by the authority aforesaid,

[Sect. 5.] That every person that shall presume to sell any wine,
brandy, rhum, or other distilled liquors, beer, ale, perry, cyder, mead or
metheglin, by retaile, witliout license orderly obtained so to do, and not
haveing first given security in manner as is herein before directed, for
payment of his or her excise, shall forfeit and pay a fine of four pounds
for each ofience ; and upon a second conviction of selling without license,
over and above the forfeiture aforesaid, shall be bound to the good be-
haviour with one or more sufficient surety or suretys, and in speciall
not to transgress the law by selling without licence, (and the oath oi
two single witnesses, though at different times, so as the distance of
time be not more than one month the one from the other, shall amount

[1st Sess.] Province Laws. — 1703-4. 529

to a conviction) : the said fine or forfeiture to be one-halfe thereof to
the informer, and the other halfe to and for the encouragement and
support of a free grammar- or writeing-school or schools in the toAvn
where the offence is committed ; and in case there be no such school or
schools in the town where the offence is committed, then to the use of
such school or schools in the town next adjacent, within the same
county, and to be paid accordingly.

[Sect. 6.] And one or more justice or justices of the peace, as well
as the court of general sessions of the peace, are hereby respectively
impowred to hear and detemiin any such offence or offences, and to
impose and set the fine aforesaid, any law, usage or custom to the con-
trary notwithstanding.

[Sect. 7.] And in case any person convicted of such offence shall
be unable to pay the fine so sett, or cannot procure sufficient surety or
suretys for the good behaviour, as aforesaid, upon a second conviction,
then the court, or the justice or justices before whom the same shall be,
may order the offender to be punished in such other manner as by law
is already in such case provided.

[Sect. 8.] And all grand jurours, sheriffs, undersheriffs, constables,
tythingmen, and such other persons as shall be appointed by the respec-
tive courts of general sessions of the peace for that service, shall be and
hereby are ordered, required and impowred to enquire, look after, pre-
sent and informe of all persons that shall presume to transgress this
act. And the court of general sessions of the peace may further
encourage the persons so to be specially appointed by allowing of them
two-thirds of the fine or forfeiture aforesaid, as they shall find cause,
anything before written to the contrary notwithstanding : provided,

[Sect. 9.] This act shall continue in force until the twenty-ninth
day of June, one thousand seven hundred and four, and no longer.
[^Passed and published July 31.

530

Province Laws. — 1703-4.

[CHAr. 6.]

ACTS

Passed at the Session begun and held at Boston,
ON the First day of September, A.D. 1703.

CHAPTER 6.

Encourage-
ment for sol-
diers detached
and under pay.

Encourage-
ment for volun-
teers under pay.

Encourage-
ment for volun-
teers without
pay.

Oath to be
made about
ecalps.

AN ACT TO ENCOURAGE THE PROSECUTION OF THE INDIAN ENEMY AND

REBELS.

£e it enacted and declared hy His JExcellency the Governour, Council
and Mepreseyitatives in General Court assembled^ and hy the authority
of the sajne,

[Sect. 1.] That the regulai" detached forces, over and above their
stated pay, shall have the benefit of all plunder saved by direction of
the officers, and of the sale of all Indian prisoners under the age of ten
years, by them taken, to be transported out of the country ; the same
to be equally shared to and among the ofiicers and souldiers of the jjarty
then engaged, proportionably to their wages.

[Sect. 2.] And all persons that shall voluntarily enlist themselves
in the service, under pay, shall have the like benefit of all plunder and
prisoners under the age aforesaid, as also over and above their stated
wages, shall be paid out of the jDublick treasury ten pounds per head
for every Indian by them killed, to be shared and divided to and among
the ofiicers and souldiers as aforesaid, of the party then engaged, and
that shall kill, surprize and take the same, unless they shall otherwise
agree.

And he it further enacted hy the authority aforesaid,

[Sect. 3.] That all persons who, with the allowance and direction
of the captain-general, or commander-in-chief, for the time being, shall
voluntarily go forth in greater or lesser jDarties, on the discovery and
pursuit of the Indian enemy, at their own charge and without pay, or
that, upon an alarm made, shall be drawn and sent forth to the relief of
any town or garrison attackt, shall be paid out of the publick treasury
for every Indian wiiich they shall happen to kill or take alive, the sum
of twenty pounds per head, and have the like benefit as aforesaid of
plunder and captives taken, to be equally shared among the officers and
souldiers of the party that shall sui-j^rise, kill or take the same. And if
any such voluntier happen to be wounded or maihmed in the service,
he shall be cured at the publick charge ; and, in case of a maihem, shall
be allowed such stipend or pension as the great and general court or
assembly shall think fit to order.

And it is further declared,

[Sect. 4.] That the above-mentioned payments respectively to be
made for every Indian slain as aforesaid, shall be ordered, upon bring-
ing in the prisoner, or producing of the scalp, and oath being made
before one of her majesty's council that it is hona fide the scalp of an
enemy Indian kill'd in fight ; and if any person or persons shall produce
any scalp not being the scalp of an enemy Indian slain in fight, with

[2d Sess.] Province Laws.— 1703-4. 531

intent to deceive, and obtain the reward hereinbefore granted, and be ^g^°^^*y *"<"" ^«-
thereof legally convicted, the person or persons so offending shall suffer
three months' imprisonment, and forfeit double the sum that should, by-
virtue of this act, have accrued to him or them for an Indian bona fide
slain as aforesaid ; one moiety of such forfeiture to be unto her majesty
for and towards the support of the government within this province,
and the other moiety to him or them that shall inform and sue for the
same in any court of record within the province : provided^ —

[Sect. h.'\ This act shall continue in force unto the end of the ses-
sion of the general assembly in May next. \Passed September 8 ; pub-
lished September 10.

CHAPTER 7.

AN ACT RELATING TO THE FORCES THAT ARE OR SHALL BE IMPLOYED ON
HER MAJESTY'S SERVICE WITHIN THIS PROVINCE.

Be it declared and enacted by His Excellency the Governour^ Council
and Representatives in General Court assembled^ and by the authority
of the same^

[Sect. 1.] That the colonel or chief officer of every regiment, upon Colonel or chief
any draught of men out of his regiment, shall make a roll of their efa mu&^tel^^ron
names, and therein insert the day whereon they were respectively of Ms men de-
detached, and who of them are sons under age, or servants ; to be officer under*^
delivered to the captain or commanding officer whom they are to serve T'^^en'e^^^ ^^^
under, that a certificate or debenture for their wages may be formed
accordingly, and be made payable to their respective parents or
masters.

[Sect. 2.] That every captain or commanding officer of any com- Captain or com-
pany, upon receiving of his comiDany, shall make a fair muster roll of to'cau'sefiiif ^'^'^
all and every his underofficers and souldiers, with the day that each muster-roii to
entred into pay, with the names of their respective fathers, or masters the commissa-
for sons under age and servants, and deliver the same to the commis- i"y'sbook;
sary to be entred in his books ; and shall transmit another of the like by
his field-officer (if such there be), or by himself, to the captain-general
or commander-in-chief for the time being ; and shall in like manner —and to trans-
transmit a fair muster roll of his company at the end of each three ™pta?ia-gen-^*^
months from time to time. And every souldier at his dismission shall erai-
be allowed pay for so many days as he may travail home, from the for^sofdiers^o
place of his dismission, at twenty miles a day travail. travel.

And be it further enacted,

[Sect. 3.] That no commissary shall deliver any clothing or other Commissaries
things to any underofficer or private souldier, but only to the captain ing.'^&c.^to °the
or commanding officer of the company or party, for the supply of the captain,
souldiers serving under him, as any shall have occasion, and he shall be
charged therewith at the prime cost, and no advance shall be made
upon what is supplyed to the souldiers, nor shall any commander sup-
ply any of his souldiers abroad Avith more than half of their wages,
except on extraordinary occasion, at the discretion of the commander.

[Sect. 4.] And all accompts of wages shall be made up and stated Accounts to be
and laid before the goveniour and council, at the end of every three three montL.
months, (or sooner, where any company shall be disbanded,) to be
pass'd to the treasurer for payment.

[Sect. 5.] And every captain or commanding officer of any com-
pany or party shall make out printed debentures or certificates to every
of his souldiers, to be signed by himself and the commissary, gratis, in
the foiTii following, viz., —

532

Province Laws. — 1703-4.

[Chap. 8.]

Form of deben-
ture.

A. B. served her majesty as a , or private sentinel, in the company under

ray command, from the day of , 170 , unto the day of ,

followinfT, being weeks and days : his pay, according to establishment,

amounts to pounds shillings and

up of the commissary's stores, pounds

rests due, pounds shillings and
day of , 170 .

Wages to be
made payable
to parents or
masters.
Captain to in-
dorse the sums
in debentures
on their muster-
roll.

Penalty for de-
ceit in any cap-
tain or commis-
sary.

No captain, &c.,
to buy deben-
tures.

Debentures to
be accepted by
collectors and
the treasurer.

Penalty on con-
stables or col-
lectors for re-
ceiving a bribe.

pence ; whereof he has taken
shillings and pence ;

pence. Dated at , the

To the Treasurer of the Province of the Massachusetts Bay.

D., Captain.
F., Commissar)/.

And if such souldier be a son within age, or a servant, it shall be
underwritten that his wages are payable to his father or master by
name. And the captain or commanding officer shall endorse on his
muster roll the sums contained in every certificate or debenture so
made out, to each of his souldiers respectively, both that for his whole
service, and the sum resting due.

[Sect. 6.] And if any captain, commanding officer or commissary
shall use or allow of any deceit or cousenage, by making out a greater
number of certificates or debentures than they ought, or for any greater
sum than they ought, every j^erson convicted of ofiending in either
kind as aforesaid, shall lose and forfeit the sum of fifty pounds, one
moiety to the informer, the other moiety towards the support of the
government.

[Sect. 7.] And if any captain or commanding officer shall presume
to buy any souldier's certificate or debenture, he shall lose and forfeit
the whole sum therein contained, to be subducted out of his pay.

And it is further declared,

[Sect. 8.] That all certificates and debentures granted to souldiers
for their service as aforesaid, being duely paid by the constables or col-
lectors of the respective towns, the party to whom the same is payable
endorsing his name thereupon, shall be received and accepted by the
treasurer and receiver-general at the value of the sum therein expressed,
toward the discharge of so much of the publick tax committed to such
constable or collector to gather. And no constable or collector shall
directly or indirectly ask, take or receive of or from any souldier any
rebate, alloAvance, fee or gi-atification whatsoever to hasten his payment,
or accept the promise of any such, on pain of forfeiting the sum of five
pounds towards the support of the government : provided, —

[Sect. 9.] That this act shall continue and be in force for one whole
year commencing from the first day of October next, and no longer.
[JPassed /September 9 ; 2^uUished September 10.

CHAPTER 8.

AN ACT FOR DISCONTINUING THE SUPERIOUR COURT OF JUDICATURE,
TO BE HOLDEN WITHIN THE RESPECTIVE COUNTIES OF HAMPSHIRE
AND YORK, DURING THE PRESENT TROUBLES WITH THE INDIANS.

Whereas, by reason of the present troubles with the Indian rebels
and murderers, it's hazardous for the justices of the superiour court to
ride the eastern and western circuits, without being attended with a
strong guard for their safe passing, which will draw a great charge
upon the province ; and there being generally but little business in the
said courts holden within those counties, —

Be it therefore declared and enacted by His Excellency the Govemour,
Council and Representatives in General Court assembled., and by the
authority of the same..

[2d Sess.] Province Laws.— 1703-4. 533

[Sect. 1.] That, for and during the continuance of the present dan-
ger and troubles Avith the Indians, the superiour court of judicature, ap-
pointed by law to sit at Springfield, in the county of Hampshire, and
at Kittery, within the county of York, respectively, be and hereby are
discontinued ; and that by and during the time of the said discontin-
uance, it shall and may be lawful to and for any person, agrieved at any
judgment that shall be given in the inferiour court of common pleas
within the said counties of Hampshire and York, respectively, to
appeal therefrom to the superiour court of judicature next to be holden
at Boston, within the county of Suffolk ; and such appeal to be there
heard and tryed, as formerly has been accustomed.

[Sect. 2.] And all appeals from either of the said inferiour courts,
now depending, undetermined, shall be heard and tryed at the next
superiour court to sit in Boston aforesaid ; and all recognizances given
for the prosecution of such appeals, shall stand good, for the prosecu-
tion thereof in the next superiour court to be holden at Boston afore-
said, any law, usage or custom to the contrary notwithstanding.

[Sect. 3.] And appeals from the court of general sessions of the
peace, in either of the said counties of Hampshire and York, shall be
alike prosecuted in the superiour court to sit in Boston. \^jPassed Sep-
tember 6 ; signed by the Governor September 9 ; published September 10.

CHAPTER 9.

AN ACT FOR GRANTING UNTO HER MAJESTY A TAX UPON" POLLS AND

ESTATES.

Wee, her majesty's loyal and dutiful subjects, the representatives of
her majesty's province of the Massachusetts Bay, in New England,
convened in general assembly, being sensible of the publick debts
already contracted, and the growing charge in this time of war and
common danger, as also of the publick faith, given for a sufficient fund
and security to be granted for payment of the bills of credit made and
issued forth by order of this court, do unanimously give and grant unto
her most excellent majesty a tax of eleven thousand four hundred
ninety-two pounds, to be laid upon polls and estate in manner and pro-
portion as is herein after expressed, and to be applyed to the payment
of the publick debts of this province ; the support of the government
within the same ; the charge of prosecuting the war ; for payment of
such salaries, gratuities and allowances as already are, or that shall be
directed and ordered by the general assembly of this province ; and
such other payments as by law are directed to be made out of the
publick treasury ; and pray that it may be enacted, —

And be it enacted and declared by His Excellency the Governour,
Council and Jiepresentatives in General Court assembled, and by the
authority of the same,

[Sect. 1.] That the treasurer do forthwith send out warrants,
directed to the selectmen, trustees or assessors of each town and dis-
trict within this province, requiring them to assess the like sum as was
set and apportioned for such town or district to pay unto the last prov-
ince tax granted by this court in their first session begun in May past, 1703 4, chap. 3.
upou jK)lls, estate, and income by any trade or faculty, according to
such rules and directions, and in such proportion upon particular per-
sons as therein and thereby is jirescribed and ordered for laying of the
same (except the governour and lieutenant-governour, and their fam-
iUes, president, fellows and students of Harvard Colledge, setled minis-

534 Province Laws.— 1703-4. [Chap. 9.]

ters, grammer-school masters, and such who, through age, infimiity, or
extrcam povei-ty, in the judgment of the assessors, are rendred unca-
pable to contribute towards publick charges), who are hereby exemiDted
as well from being taxed for their polls, as for their estates being in
;their own hand, and under their actual management and imiDrovement ;
also with the saving for landlords in the said act mentioned ; likewise
requiring the assessors of each town and district, respectively, to make
a fair list of their said assessment in manner as in and by the said
former act is directed ; and the same being so perfected and signed by
them, or the major part of them, to commit to the collector, constable
or constables of such town or district ; 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 to gather, unto
himself, sometime before the last day of October next.

[Sect. 2.] And the treasurer, on receipt of such certificate, is
hereby imj^owred and ordered to issue forth warrants, directed to the
collector, constable or constables of each town or district, respectively,
requiring them to collect and pay in the same unto himself or his suc-
cessors in the said office, and fully to issue the accompts thereof, at or
before the last day of May, which will be in the year of our Lord one
thousand seven hundred and four.

And be it further enacted and declared^

[Sect. 3.] That the said tax hereby granted shall be paid in currant
money of this province, bills of credit, at the value they are set to pass
in publick payments, and in souldiers' debentures, at the sum therein
expressed to be due ; every of which shall be accepted by the collec-
tors, and by the treasurer from. them. \Paued September 9 ; published
September 10.

[3d Sess.] Province Laws.— 1703-4. 535

ACTS

Passed at the Session begun and held at Boston,

ON the Twenty-Seventh day of October,

A.D. 1703.

CHAPTER 10.

AN ACT IN ADDITION TO THE ACT FOR PROVIDING OF POUNDS, &c.

Whereas it often happens that the owners of cattle, sheep or swine,
impounded, notwithstanding due notice thereof given them, neglect to
compound or make satisfaction for the trespass and damage done, but
suffer their creatures to lye long time in pound, to the augmenting of
charge, and otherwise proving inconvenient ; for remedy whereof, —

JBe it declared and enacted by Sis Excellency the Governour^ Council
and Representatives in General Court assembled, and by the authority
of the same.

That if the owner of any neat cattle, horses, sheep, or swine, ini- Justice of the
pounded, being duely notifyed thereof, shall not, within the space of out a^var^a'lltof
forty-eight hours next after such notice given, replevie his creatures, or appraisement,
otherwise orderly obtain their release, the party trespassed upon making
application to a justice of the peace within the same county for a war-
rant of apprizement, such justice is hereby directed and impowred to
make out a warrant to two or more sufficient, indifferent persons, and
to administer an oath unto them to make a due and equal apprizement
and estimate of the value of such creatures, or so many of them as shall
be sufficient to answer the damage and all charges ; and the party dam- The impounder
nifyed may retain and keep the creatures so apprized, to his own use, retain^'to ws^ °*^
or make sale of them, at his pleasure, rendring the overplus of the ap- own use.
prized value, if any be, to the owner. \_Passed November 30 ; published
December 3.

CHAPTER 11.

AN ACT TO PREVENT DISORDERS IN THE NIGHT.

"Whereas great disorders, insolencies and burglaries are ofttlmes
raised and committed in the night time by Indian, negro and molatto
servants and slaves, to the disquiet and hurt of her majesty's good sub-
jects ; for prevention whereof, —

Be it enacted by His Excellency the Governour, Council and Hepre-
sentatives in General Court assembled, a?id by the authority of the same,

[Sect. 1.] That no Indian, negro or molatto servant, or slave, may Indian, negro
presume to be absent from the families Avhereto they respectively be- and mulatto
long, or be found abroad in the night time, after nine a clock, unless it be abroad after
be upon some errand for their respective masters or owners. "'"* "' "'°'"'

536 Province Laws.— 1703-4. [Chap. 12.]

If found abroad [Sect. 2.] And all justices of the peace, constables, tythingmen, watcli-
tiiemsHves\o°^ men, and other hei* majesty's good subjects, being householders within the
be apprehended game town, are hereby resiDcctively impowred to take up and apprehend,
house of cor- or causc to be apprehended, any Indian, negro or molatto servant or
rection. slave that shall be found abroad after nine a clock at night, and shall

not give a good and satisfactory account of their business, make any
disturbance, or otherwise misbehave themselves, and forthwith convey
them before the next justice of the peace (if it be not over-late in the
night), or to restrain them in the common prison, Avatch-house or con-
stable's house, until the morning, and then cause them to appear before
a justice of the peace, who shall order them to the house of correction,
to receive the discii3line of the house and then be dismiss'd, unless they
be charged with any other offence than absence from the families
whereto they respectively belong, without leave from their resiDcctive
masters or owners ; and in such towns where there is no house of cor-
rection, to be openly whip'd by the constable, not exceeding ten stripes.
[_I*assed December 1 ; published December 3.

CHAPTER 12.

AN ACT RELATING TO EXECUTORS AND ADMINISTRATORS.

For the better preventing of executors or administrators doing of
wrong, or falsifying of the trust in them i-eposed, —

De it declared and enacted by His Excellency the Governour^ Council
and Representatives in General Court assembled^ and by the authority
of tJie same,
Jxhibit an in- [Sect. 1,] That hcnceforth every executor named in any will, taking
ventoryor give upon him that charge by proving of such will, within the space of three
^°"''' months next after probate thereof (or at such further and longer time

as the judge of pi*obate shall see meet to allow, the circumstances of
any estate requiring the same), shall exhibit into the register's office,
upon oath, a full and true inventory of the whole estate of the deceased,
so far as is then come to his hands and knowledge, and shall add thereto
Penalty forneg- what and SO much as may further afterwards appear; or otherwise shall
^^^^' give bond, with one or more sufficient sureties, to pay the debts and

legacies of the testator, on pain of forfeiting five pounds per month for
every month's neglect thereof afterward, as is by law provided for not
presenting of a will, and to be recovered in like manner : provided nev-
ertheless,
No bond to be [Sect. 2.] That in wills, where, after the payment of debts and of
thnsuitels be^- ^^^Y Certain particular legacy or legacies, the residue or remainder of
quoathed in the estate is bequeathed generally to any one or more persons other
I:i Mass'. 203. than the executors themselves, in eveiy such case an inventory of the
estate shall be ])resented upon oath as aforesaid, and no bond be ac-
cepted in lieu thereof; and the executors shall be liable to accompt as
administrators are by law obliged to do.
'F.xccutor, be- [Sect. 3.] And any executor, being a residuary legatary, may bring
leRatary.may his actiou of accompt, against his co-executor or executors, of the estate
ecutor* *'°"^'^" of the tcstator in their hands, and may also sue for and recover his
equal and ratable part thereof; and any other residuary legatary shall
have like remedy against the executors.

And be it further enacted by the authority aforesaid,
Writs ^attach- [Sect. 4.] That all writs of attachment and execution shall run
to go 'against Only against the goods or estate of the party deceased, in the hands of
executor or ad^ ^^^^ 6^6cutor or administrator, and not against their bodies; nor shall
ministrator. any executor or administrator be held to special bayle upon mean

[3d Sess.] Province Laws.— 1703-4. 537

process, nor his own proper goods or estate be seized, or his person be

arrested or taken in execution, for the debts or legacies of the testator

or intestate, but upon suggestion of a waste, and return made by the

sheriff " wt«?/a honal^'' or '■'■devastavit'''' ; in which case a scire facias ^hoW. Scire facias to

be issued out of the clerk's office of the same court, against such executor gugg'e^suon of

or administrator ; and '■'■ scire feci'''' being returned, if the executor or waste.

administrator shall make default of appearance, or, coming in, shall not

shew sufficient cause to the contrary, execution shall be adjudged and

awarded against him of his own proper goods and estate, to the value

of such waste, where it can be ascertained, otherwise for the whole

sum recovered, and for want of goods or estate, against his body.

And be it further enacted and declared,

[Sect. 5.] That every executor or administrator shall make pay- Executors and
ment of the debts and legacies of the testator or intestate, in specie, if tomake pay"*^^
such he hath as assetts in his hands, and if he hath not the same in ment in specie.
kind he shall expose the estate to the creditor or legatary, to take his
satisfaction thereof, at his election, at a due and equal rate and value
by apprizers then to be indifferently named and sworn. And where The estate to
judgment and execution shall be awarded for any debt or legacy to be gaief ^"^*^^ ***
paid in money, and the executor or administrator hath not money of
the testator's or intestate's as assetts in his hands, the sheriff shall levy
the goods or estate of the deceased, and expose the same to a publick
and open sale for money, at the best rate and value that he can, and
thereout pay such debt or legacy, and his own fees, with the necessary
reasonable charges arising on the sale, and return the overplus (if any
be), to the executor or administrator; or else shall pay and satisfy the
creditor or legatary out of the goods or estate levyed, if he see cause to
accept the same, at the value in money, upon a due and equal apiJiize-
ment made by sufficient persons upon their oaths, to be indifferently
named and aj^pointed for that purpose ; any law, usage or custom to the
contrary in any wise notwithstanding. \_Passed November 22 ; pub-
lished December 3.

CHAPTER 13.

AN ACT RELATING TO APPEALS FROM JUDGEMENTS IN" BAR OR ABATE-
MENT.

JBe it enacted by His Excellency the Governour, Council and Rep-
resentatives in General Court assembled, and by the authority of the
same,

[Sect. 1,] That all pleas in bar or abatement shall be made origi- All pleas in bar
nally in the inferiour court, in suits there brought, and at the first be made'orrgi-*'
bringing forward thereof, before any issuable plea made. And when a "^I'y i" t'l^ in-
writt shall, by judgment of court, be bar'd or abated, and the plaintiff
or demandant appeals from such judgment to the superiour court of
judicature, if, upon hearing the appeal, the superiour court, notwithstand- Upon reversal
ing the pleas made in bar or abatement, adjudge the writt to be good blr or^abate-'"
and well brought they shall reverse the judgement of the inferiour ment the cause
court and award to the appellant his full costs at both courts ; and the to the^^nferi'or"
next session of the inferiour coui't holden for the same county shall court,
proceed to tryal of the merit of the cause upon the same writt, without
any delay, a new entry thereof being made.

[Sect. 2.] And all goods and estate attached, and sureties or bail Goods, estate
given, shall continue and be alike responsable in manner as is by law st"ami'good.
provided, to satisfy the principal judgment upon such tryal, as if no
intermediate judgment had been rendred or given. And the same

538

Province Laws. — 1T03-4.

[Chap. 14.]

The like rule
for appeals
from a justice.

Saving.

rule and method of proceeding, to be observed in appeals to be made
from the judgment in bar or abatement, given by any justice of the
peace, to the inferiour court of common pleas ; any law, usage or custom
to the contrary notwithstanding : saving alioays^ that in suits wherein
the Queen is concerned, upon the superiour court's reversal of any
judgment given in bar or abatement, the said court shall proceed to
try the cause. \_Passed December 2 ; 'published December 3.

CHAPTER 14.

Selectmen or
overseers of
the poor to
bind out poor
children, &c.;

AN ACT OF SUPPLEMENT TO THE ACTS REFERRING TO THE POOR, &c.

i692-3,ch.28,§7. Whereas the law for the binding out poor children apprentice is
misconstrued by some to extend only to such children whose parents
receive almes ; for explanation whereof, —

Be it declared and enacted by His Excellency the Governour^ Council
and Representatives in General Court assembled, and by the authority
of the same,

[Sect. 1.] That the selectmen or overseers of the poor in any town
or district within this province, or the greater part of them, shall take,
order and are hereby impowred from time to time, by and with the
assent of two justices of the peace, to set to work, or bind out appren-
tice, as they shall think convenient, all such children whose parents
shall, by the selectmen or overseers of the poor, or the greater part of
them, be thought unable to maintain them, (whither they receive almes
or are chargeable to the place or not), so as that they be not sessed to
publick taxes or assessments, for the province or town charges ; male
children till they come to the age of twenty-one years, and females till
they come to the age of eighteen years, or time of marriage : which
shall be as good and effectual in law, to all intents and purposes, as if
any such child were of full age, and by indenture of covenant had
bound him or herself, or that their parents were consenting there[un]to :
provision therein to he made for the instructing of children so bound
out, to read and write, as they may be capable. And the selectmen or
overseers of the poor shall inquire into the usage of children bound out
by themselves or their predecessors, and endeavour to defend them
from any wrongs or injuries.

And, for the better preventing of idleness, and loose or disorderly
living,—

JBe it further declared and enacted by the authority aforesaid,

[Sect. 2.] That the selectmen or overseers of the poor, or the
greater part of them, be and are further impowred, by and with the
assent of two justices of the peace, to set to work all such persons,
married or unmarried, able of body, having no means to maintain them,
that live idlely and use or exercise no ordinary and daily lawful trade
or business to get their living by. And no single person of either sex,
under the age of twenty-one years, shall be suffered to live at their own
hand, but under some orderly family government ; nor shall any
woman of ill fame, married or unmarried, be suffered to receive or
entertain lodgers in her house. And the selectmen or overseers of the
poor, constables and tythingmen, are hereby ordered to see to the due
observance of this act, and to complain and inform against any trans-
gressions thereof to one or more justices of the peace, or the court of
general sessions of the peace, who are hereby respectively required and
impowred, upon due conviction of the offender or offenders for living
idely or disorderly, contrary to the true intent of this act, to commit
or send such offenders to the house of correction or work-house, there

— to inquire in-
to the usage of
such as they
bind out.

Selectmen or
overseers of
the poor to set
to work idle
persons.

No single per-
son under
twenty-one
years old to
live out of fam-
ily government.

[3d Sess.] Province Laws. — 1703-4. 539

to remain and be kept to labour, until they be discharged by order of
the court of general sessions of the peace, unless such person or persons
so complained of shall give reasonable caution or assurance, to the satis-
faction of the justice or court, that they will reform : provided^ this act
shall not be construed to extend to hinder any single woman of good
repute from the exercise of any lawful trade or imployment, for a liveli-
hood, whereto she shall have the allowance and ajiprobation of the
selectmen or overseers of the poor, or the greater part of them, any
law, usage or custom to the contrary notwithstanding : jprovided^ —

[Sect. 3,] This act shall continue in force for the space of three years
next coming, and to the end of the session of the general assembly
next after. \Fassed November 27 ; piihlished December 3.

CHAPTER 1 5.

AN ACT IN ADDITION TO THE ACT FOR PUNISHING OF OFFICERS OR
SOULDIERS WHO SHALL MUTINY OR DESERT THE SERVICE.

Whereas it is provided by the said act, " that no court martial shall 169<)-I700,ch;2l,
consist of fewer than eleven, whereof none to be under the degree of a ®^*'*" ^'
commission officer," and it being found difficult ofttimes to assemble
such a number of commission officers that are under pay, without
removing them to a great distance from the places of their respective
command, which may prove hurtful to the service, —

De it therefore enacted by His Excellency the Governour, Council
and Representatives in General Court assembled^ and by the authority
of the same,

That from time to time, during the continuance of the afore-recited
act, the w^ant of such officers in pay may be supplyed out of the com-
mission officers of the standing militia in the several parts where such
court martial shall sit, no such officers so supplyed to be under the
degree of a captain ; anything in the aforesaid act to the contrary
notwithstanding. {^Passed November 30 ; published December 3.

540 Province Laws.— 1703-4. [Chap. 16.]

ACT

Passed at the Session begun and held at Boston,
ON the Eighth day of March, A.D. 1703-4.

CHAPTER 16.

A^ ACT FOR MAKEING AND EMITTING OF A FURTHER SUM OF BILLS OF
CREDIT UPON A FUND GRANTED FOR THE SAME.

Whereas, upon consideration had of the pressure of the war and
the scarcety of money to defrey the charge thereof, or to carry on the
affairs of the government, it is of necessity, for a present supply of the
treasury, that there be more bills of publick credit made and a fund
granted for the same, —

£e it therefore enacted by His Excellency the Oovernour^ Council and
Mepresentatives in General Court assembled^ and by the authority of
the same,

[Sect. 1.] That the committee formerly named and api^ointed by
this court,* be and hereby are directed and impowred, they or any three
of them, forthwith to cause to be imprinted the further sum of ten
thousand pounds, of bills of credit on this province, and no more, of
the form and tenour by law prescribed ; and to signe and deliver the
same to the treasurer, who is hereby impowred to emit the same, and
two thousand pounds of the bills of credit in his hands, to and for the
payment of the jDublick debts already contracted ; for defreying of the
growing charge of the war ; for the subsisting and paying of souldiers
and seamen and vessels' hire that are or shall be taken up and imployed
in the service of this province ; for payment of the premium or reward
granted by this court for the encouragement of voluntiers that shall
serve without pay; for the support of the government and answering of
the incident and contingent charges in and about the same ; and for
such payments as are directed by any act of this court to be made out
of the publick treasury ; and such other grants, salaries, gratuities and
allowances as shall be made and directed by this court: which bills shall
be issued out of the treasury at the sum therein expressed, and shall be
accepted and taken, in all publick payments, by the treasurer, and all
constables, collectors and receivers, subordinate to him, after the rate of
five pounds per cent advance thereupon.

[Sect. 2.] And the committee shall be under oath for the faithful
management of this affair, and have for their service the sum of fifty
pounds ; they corapleating the bills from the press.

And, as a fund and security for the said ten thousand pounds' credit,
and for the di-awing in and payment of the said bills, —

Se it farther enacted by the authority aforesaid,

[Sect. 3.] That the present duties of impost and excise be applyed
to that use, so far as they will reach over and above the secureing of the
payment of the bills before ordered to be emitted.

* See note to 1702, chapter 8.

[4th Sess.] Province Laws. — 1703-4. 541

And, as a further fuud and security for the same, —
[Sect. 4.] That there be and hereby is granted unto her most
excellent majesty a tax of ten thousand pounds, on polls and estates
both real and personal, to be levyed and apportioned upon the several
towns and districts within this province according to such rules and in
such proportion as shall be agreed on and directed by the general
assembly at their session in May next ; and to be collected and paid into
the treasury by the last day of May, which will be in the year of our
Lord one thousand seven hundred and five. [_Passed March 24 ; pub-
lished March 29, 1704.

Notes. — The General Court this year held five sessions, at the first four of which the forego-
ing acts were passed. The engrossments of all the acts of this year are preserved, and all were
printed except chapters 3, 4, 5 and 16, and the private act bearing the following title: —

" An Act for reversing the Attainder of Abigail Faulkner & others." — ^Approvtd, July 27, 1703.

An account of the disposal of these acts by the Board of Trade will be found in the notes,
to the acts of 1700-1 and 1701-2, ante.

Chap. 4. "June 8"" 1703. An Order was Sent np from the Representatives in y« Words fol-
lowing; Viz'., Whereas The Act for Continuing of Several Acts near Expiring & for Granting
unto her Majesty Several Duties of Impost Tunnage of Shipping and Excise and the Act that
Ihe duty of Tunnage of Shipping be paid in Powder will Expire & determine upon the nine &
Twentyeth day of this Present ]\Ionth of June Unless they be Continued by an Act or order of
this Court and whereas the Presence of His Excellency the Gov for her Majesties Especial Ser-
vice is Necessarily required in the raiiote parts of this Province, whereby the Court in their
present Sitting have not time to Consider of the Said Act So as to Revive & Re-enact the Same
or make Such other provision for Laying of the aforementioned duties as they shall think fitt
in any other way & manner, —

It is therefore Ordered, That the Several Rates, and duties of Impost Excise and Tunnage of
Shipping at Present Established, by the Acts now in force for Granting the Same and the Rules
directions and methods Enacted for the Laying Securing and Collecting the Same be and here-
by are Continued to be Used Exercised, practised & put in Execution untill the Second Tuesday
In July Next which Order being read in Council was Voted & passed a Concurrance

Consented to: J. Dudley."
— Council Records, vol. VII., p. 349.

" July 21" 1703. Upon Hearing the Pleas and allegations of the Town of Bristoll Formerly
Called Mount Hope Neck &c» by their Agents John Saffin Esq' & M' Nath' Blagrove, for their
Claim of a Priveledge or Exemption from payment of the Duties of Impost and Excise from
time to time, laid before this Government, having also perused the Indenture or Deed by them
produced of the Grant of Land of the s* Mount hope Neck &c» from the Government of the
Late Colony of New Plimouth bearing date the 14"> day of September 1680, made to John
Walley Nafh' Oliver Nath' Byfield & Stephen Burton merchants, the First purchasers and a
Clause therein Contained in the words following; Viz', And also that all the Inhabitants of the
Said mount hope Neck, shall from time to time and at all times hereafter forever be Free &
Clear from all Customs payments Excise & Impositions whatsoever from or by the Said Colony
or Authority, by them there Established, for, upon, or b}' Reason of an}' Goods, Wares, Mer-
chandize, whatsoever, that shall be Imported or Exported to or From the Said Neck or any
part thereof, or For Entring or Clearing any Ship or Ships, or other Vessell or Vessells, what-
soever for Coming into or Going out of the Harbour, or harbours, belonging to the Said Neck,
or to or from any person or persons Inhabiting the Said Neck, —

The Councill are of opinion that the Inhabitants of Said Town of Bristoll by Virtue of tlie
afore recited Grant are not priveledged, or acquitted from the Impost, Excises & Duties laid or
to be laid by the Great and General Court or Assembly of this Province of the Massachusetts
Bay the s* Town being now United and Incorporated into the Said Province." — Ibid., p. 361.

" July 24"' 1703. The declaration of the Council of the 21" Curr' upon the Clause of Priv-
eledge Contained in the deed or Indenture of the Land upon Mount Hope Neck &c> bv the
General Court of the late Colony of New Plimouth to the first purchasers recited in the Said
Declaration being not agreed to by the House of Representatives, The Following Vote was
passed thereon ; Viz', —

The Council are of Opinion that the Former part of the s* recited Clause of Priveledge is Ex-
pired and determined, being to Continue only during that Government, and that the Latter part
of the s'l Clause, referring to Entring & Clearing of^Ships & Vessells was, at the Time of Exe-
cuting the Said Deeds & Still is. Contrary to divers Acts of Parliament which his Excellency
the Gov as the Gov" of others her Majesties Colonies Sc plantations respectively are obliged &
Sworn to See duly observed & Executed." — Ibid., p. 366.

" July 28"' 1703. The Further declaration of the Council referring to the Priveledge claimed
by the Town of Bristol, returned from the House of Representatives not agreed to, was Sent
down again by Daniel Pierce and El" Hutchinson Esq" with a Message to move the Reconsid-
eration thereof in that House." — Ibid., p. 369.

Chap. 7. " June 29"' 1704. The following Order pass'd in the House of Represent'" & sent
up; Viz., —

Ordered, that the Order of this Court directing the Accompts of Billeting to be brought into
the Chief Officer of the Regiment &c, & the Order relating to Debentures, be printed with the
Act for Punishing Officers or Soldiers retained in her Majesties Service & under Pay that so
they may be known & observed :—W»'' Order being read at the Board was Concur'd, — And \a
Consented to : J. Dudley.

—Ibid., vol. VIII., p. 68.

542 Province Laws. — 1703-4. [Notes.]

" Dec. 3, 1705. The following Resolve pass'd in the House of Represent'"; viz., —

Resolved, that the Debentures of Soldiers Wages now made out, that are not yet paid by the
Treasurer, Constables or Collectors, being duly paid by the Constables or Collectors of the re-
spective Towns, and the Partj' to whom the same is pa^'able, endorsing his Name thereupon,
shall be received & Accepted by the Treasurer or Receiver General, at the Value of the Sum
therein express'd, towards the Discharge of so much of the Publick Tax committed to such Con-
stable or Collector to gather, Notwithstanding the Expiration of the Act Entituled, An Act re-
lating to the Forces, tnat are or shall be Employed on her Majestie's Service within this Province.

Provided, that no Debenture shall be received by any Constable or Collector, after the last day
of May next.

W'='' Resolve being Read at the Board was Concur'd, And is Consented to: J. Dudley."
—Ibid., p. 188.

" Mar. 23, 1721. In the House of Represent'" Resolved that the Taking of Money Bills or
Blanks or any other Fee Gratuity or Reward, whatsoever of any Soldier for Releasing or Ex-
changing them is an illegal Practice verj' much to the Dishonour of the Governm' & Hurt of
the Service, And that all Bills or Blanks that have been taken on any such Account on any
Muster Roll yet to be pass'd & allowed, be and hereby are Declared null & void.

In Council; Read & Concur'd: Consented to: Samll Shute."

—Ibid., vol. XL, pp. 283-4.

Chap. 12. " July 31" 1703. The following order relating to executors and administrators
was passed and sent down to the Representatives for their concurrance ; viz., —

Ordered, that every executor named in any will taking upon him that charge by proving
such will, shall, within one month next after Probate thereof, present a just and true inven-
tory of the estate of the dec* into the Register's office upon oath or otherwise, shall give bond
with security for pa3'ment of the debts and legacies of the testator ; but in case where the remain-
der of an estate is bequeathed generally, to be divided among others than the executors them-
selves, an inventory of the estate shall be presented and also the executors be liable to accompt,
as administrators by Law are obliged to do. And further that no executor or administrator
shall be held to special bail upon mean process, or their bodies be taken in execution, but in
such cases where a waste is first proved and found, any law, usage or custom to the contrary
notwithstanding. And no executor or administrator shall be liable to tender or make pa3Mnent
of the debts of the testator or intestate in any other specie than such assets as they have in their
hands. This order to continue to the end of the ne.xt session of the General Assembly.

Which order was returned from the House of Representatives with their concurrance.

And is consented to : J. Dudley."
—Ibid., vol. VII., p. 374.

" Nov. 23, 1703. A Bill pass'd in the House of Represent'" for a supplv of y' Treasury by
Emitting of £10000 more of the Bills of Credit, ^£5000 in new Bills to be "impfinted & £5000
more to issue forth again out of y Treasury And the Impost & Excise & the new Tax to be
granted to be a fund for the s* Bills & appointing a new Comm'" for Imprinting & Signing the
same; W^"" Bill being Read, The Council pass'd the following Vote & sent it down with the
said Bill to the House; Viz., —

The Council are of Opinion that the Supply is necessaiy & that an equivalent Sum ought to
be granted as a Fund for the same, and that the former Committee be employed in the further
Imprinting of them that the Bills may be all of a Sort.
—Ibid., vol. VIII., p. 15.

" Dec^ 2*. 1703. The following Resolve pass'd in the House of Represent'" was Read &
Concur'd; Viz., —

Resolved that the Treas' be Ordered & Impowered to Issue forth the sum of Ten Thousand
Pounds of the Bills of Credit on this Province that are or shall be rec* into the Treasury, to be
by him issued out for the Uses for which the last Tax was granted, W"*" Bills shall be accepted
in all publick payments at Five V Cent advance. For tiie Paying of w'^ Bills the Duties of Im-
post & Excise shall be a Fund so far as that will reach, and as a further Fund & Security for
the same, & for the Defraying the further necessary growing Charge of the Province, the De-
fence of her Maj"" Subjects & Interests within the same & Support of the Governm' thereof
There is hereby granted unto her most Excellent Majesty for the Ends & Uses aforesaid a Tax
of Ten Thousand Pounds upon Polls & Estates both Real & Personal within this Province
according to such Rules & in such Proportion upon y° several Towns & Districts within y= same
as shall be Agreed on & Ordered b}' the Great & Gen" Court or Assembly of this Province at
their session in Ma}' next And to be Applied to such further Use & Uses as the said Court shall
direct, W^"" said Tax shall be paid in to the Treasurer on or before the last day of November in
y« Year of our L* God One Thous* seven Hundred and four. — Consented to : J. Dudley."
— /Jict, pp. 22-3.

ACTS,

Passed 1704—5.

[543]

ACTS

Passed at the Session begun and held at Boston,
ON THE Thirty-First day of May, A.D. 1704.

CHAPTER 1.

AN ACT FOR REMOVING THE COURT OF GENERAL SESSIONS OF THE PEACE
AND INFERIOUR COURT OF PLEAS FROM WELLS TO YORK.

The inferiour court of common pleas, and court of general sessions of
the peace, appointed for the county of York, to be held at Wells on the
first Tuesday in July and October, proving in this time of war very
dangerous by reason of the drawing the parties that attend the same to
hazard, in travelling thither and keeping there, at the motion of the jus-
tices in Wells, and other principal persons in the said town, as well as
the rejDresentatives of York and Kittery, for the removing of the same
to York, (which is the middle of the county and the shire town),
during the continuance of the present M^ar, —

Be it enacted by His Excellency the Govei'nour, Council mid Rep-
resentatives in General Court assembled^ and by the authority of the
same.

That, for the county of York, the inferiour court of common pleas and inferior court
court of general sessions of the peace are hereby appointed to be held oTvoric'r""*'^
at York, on the first Tuesdays in July and October, annually, during ^\^^ *"™P^ ,
the continuance of the present war, and until this court shall appoint
otherwise ; any law, usage or custom to the contrary notwithstanding.
\_Passed June 21 ; published June 30.

CHAPTER 2.

AN ACT OF PRIVILEDGE TO THE MEMBERS OF THE GENERAL ASSEMBLY
AND JUDGES OF ASSIZE.

Upon consideration that several members of the council, and divers
of the representatives, live in the remote parts of the province, and are
occasioned to be at considerable charge and expence in travilling, and
attending of her majesty's service in the great and general court or
assembly, over and above their stated allowance by law, as, also, that
the judges of assize are put to considerable charge and expence in riding
of the circuit, —

Be it enacted by Sis Excellency the Governour, Council and Hep-
resentatives in General Court assembled, and by the authority of the
same.

That every member of the council, each representative of any town Son or serraut
or district, and each judge of assize within this province, during their ^^u'ry du^T™
69

546

Province Laws. — 1704-5.

[Chap. 3.]

continuance in the said respective offices, imployraent .nncl trust, shall
enjoy the priviledge of having one son or servant (such as they shall
choose, dwelling in the house), exempted and freed from all impresses,
detachments and military exercises, except watching in their turn, as
the law provides, any law, usage or custom to the contrary notwith-
standing. [^J^assed June 23 ; published June 30.

CHAPTER 3.

1702, chap. 6,
sect. 2.

Eepeal of dis-
posing offend-
ers to service.

Delinquents to
be sent to the
castle, &c.

Upon refusal to
laoor, to be
charged for
subsistence.

AN ACT IN FURTHER ADDITION TO THE ACT FOR LEVYING SOULDIERS, &c.

Whereas, by the act intituled "An Act in addition to the act for levy-
ing souldiers, &c.," passed in the second year of her present majesty's
reign, among other things therein contained, it is provided^ " That if
any souldier enlisted by the commission officers of any military com-
pany or troop, and requii*ed to be always in readiness and compleatly
armed to be sent foi*th and march into the service when thereto com-
manded, shall abscond himself, or not make his appearance at such time
and place as his captain or chief officer of such company or troop shall
appoint, upon twenty-four hours' notice given him, or left in writing at
bis house or usual place of abode, shall forfeit and pay the sum of five
pounds, to be levyed on his body, goods or chattels, by warrant of dis-
tress, unless, &c. ; and in case no sufficient distress can be found w^here-
witli to satisfy the said fine or forfeiture, the offender to be disposed of
in service to some of her majestie's English subjects within this prov-
ince for a reasonable time ; " which clause of disposing to service is
found ineffectual, —

Be it therefore declared hy Sis Excellency the Governoitr^ Council
and Representatives in General Court assembled, and by the authority
of the same,

[Sect. 1.] That the clause in the afore-recited paragraph in the said
act relating to the disposal of the offender to service, be and hereby is
repealed and made utterly null and void.

And be it enacted by the authority aforesaid,

[Sect. 2.] That in lieu or stead thereof, for want of goods or chat-
tels, whereof to make distress or levy the fine or forfeiture above men-
tioned, for default of appearance and not attending the service upon
twenty-four hours' notice, given in manner as above directed, every such
offender and offenders shall be sent to her majesty's castle on Castle
Island, or to some other fort or garrison within this pi-ovince, as the
captain-general or commander-in-chief shall direct, there to serve so
long, and in such service, either as a souldier or pioneer, until he shall
earn so much wages as shall amount to his fine and charges of prosecu-
tion (over and above what shall be advanced to him in necessary cloath-
ing) ; and his wages to that value shall be stopt and ordered to be paid
to the captain or commanding officer of the company from whence he
was drawn, to be employed for the use of the company, as the law di-
rects. And in case there be more souldiers of the said company then
actually abroad in the service, one of them is to be dismiss'd by order
of the captain-general or commander-in-chief, for the person so sent, if
the service will admit thereof.

And be it further enacted,

[Sect. 3.] That the persons so sent into the service have the stated
allowance of provision, and no other. And in case of refusal of doing
the labour and service appointed them, they shall be chargeable upon
account for their subsistance : provided,

[Sect. 4.] That this act shall continue in force only during the
present war, and no longer. [Passed June 15 ; published June 30.

[1st Sess.] Province Laws. — 1704-5. 547

CHAPTER 4.

AN ACT DIRECTING THAT THE MILITIA OF THE FRONTIERS BE PROVIDED
WITH SNOW-SHOES, &c.

For the more ready and better pursuit after the Indian rebels in the
winter, upon the snow, —

He it enacted by His Excellency the Governour, Council and Repre-
sentatives in General Court assembled., and by the authority of the
same.,

[Sect. 1.] That such and so many of the souldiers enlisted in the One-half of the
military companies and troops, within the respective towns and districts troops^n^the°*^
hereafter named; vizt., Wells, York, Battery, Salisbury, Amsbury, frontiers to be
Newbury, Bradford, Haverhill, Andover, Billerica, Chelmsford, Dracut, enow-shoesj&c.
Dunstable, Concord, Stow, Sudbury, Groton, Lancaster, Marlborough,
Sherborne, Framingham, Mendon, Wrentham, Woodstock, and in every
of the towns within the county of Hampshire, as the commission offi-
cers of every such company shall judge most able and of best estate
(being not less in number than one-half of the company), shall, each of
them, at his own charge, be provided with a pair of good serviceable
snow-shoes and mogginsons, at or before the tenth day of November,
in this present year [1704] [one thousand seven hundred and four\
which they shall always keep in good repair, and fit for the service.

[Sect. 2.] And every souldier, appointed and directed by his offi- ^ipe for not
cers to provide himself with snow-shoes and mogginsons as aforesaid, ^^°^ ^^^^^ ^
that shall not be furnished thereAvith of his own, by the tenth day of
November aforesaid, shall j^ay a fine of ten shillings, to be set vipon
him by the captain or first commission officer of such company or troop,
and the like sum of ten shillings for every three months after that he
shall be so unprovided ; and in case of non-payment, the clerk of the
company or troop, upon certificate thereof given him by the captain or
first commission officer, is, ex officio., to levy the same by distress, as
the law provides in other cases ; which fines shall be imployed towards
the purchasing of a stock of such shoes and mogginsons, for the use of
the company or troop respectively.

Ajid be it further enacted by the authority aforesaid.,

[Sect. 3.] That the captain or first commission officer of every such Allowance to
company or troop, on or at a certain day soon after the tenth of Novem- Sshe°dwith^*"^'
ber aforesaid, shall order a muster of that part of his company directed snow-shoes, &c.
to be so provided, and to bring with them their snow-shoes and mog-
ginsons to be viewed, and cause a list of their names to be drawn, and
certify thereupon, under his hand, that all, or so many of them as, upon
his view, present good serviceable snow-shoes and mogginsons of their
own, are furnished as is hereinbefore directed ; and shall return such list
and certificate to the commissary-general, in Boston, to be laid before
the governour and council, who are hereby impowred to order the
treasurer to pay, by the constable or constables of such town or dis-
trict, the sum of three shillings, out of the next poll tax that shall be
granted, to every of the persons who shall be furnished as aforesaid.

[Sect. 4.] And the captain or first commission officer of each of the Captains to see
companies and troops aforesaid shall take effectual order, at the end of Jepair.^ ^^^* "^
every six months successively (by causing a view to be had), that all
such snow-shoes and mogginsons be kept in good repair, fit for service :
provided,

[Sect. 5.] This act shall continue in force only during the present
war, and not aftenvards. \_Passed June 14 ; published June 30.

548 Province Laws. — 1704-5. [Chap. 5.]

CHAPTER 5.

AN ACT FOR GRANTING UNTO HER MAJESTY A TAX UPON POLLS AND

ESTATES.

Pursuant to a grant made by the great and general court or assem-
bly at their session begun the twenty-seventh day of October, in the
year one thousand seven hundred and three, of a tax of ten thousand
pounds,* as a fund for the sum of ten thousand pounds in the bills of
credit on this province, then ordered to be issued out of the treasury,
1703-4, chap. 16, and another grant made at the further session of the said court or
***'*•*■ assembly begun the eighth day of March following, of a tax of ten

thousand pounds, as a fund for the like sum in the bills of credit, then
ordered to be made and emitted, which said two several taxes on polls,
and estate, both real and personal, were to be levyed and apportioned
upon the several towns and districts within this province, according to
such rules and in such proportion as should be agreed on and directed
by this court in their present session, wee, her majesty's loyal and
dutiful subjects, the representatives of her majesty's province of the
Massachusetts Bay, in New England, in general court assembled, as a
fund for the twenty thousand pounds in the bills of credit on this
province, emitted as above mentioned, and the further sum of two
thousand pounds also ordered to be issued, to and for the ends, uses
and intents in the said respective grants enumerated and expressed, and
no other ; vizt., for payment of the publick debts already contracted, to
and for defreying tlic growing charge of the war ; for the subsisting and
paying of souldiers and seamen and vessel-hire that are or shall be im-
ployed in the service of this province ; for payment of the premium or
reward granted for encouragement of voluntiers that shall serve for
or without pay respectively ; for the support of the government within
this province, and answering of the incident and contingent charges in
and about the same ; for the making of such payments as are directed
by any act of the general assembly to be made out of the publick
treasury ; and such payments, salaries and allowances as are or shall be
directed and ordered by this court ; —

[Sect. 1.] Do unanimously approve, ratifye and confinue the two
aforesaid grants, made unto her most excellent majesty, of the above-
mentioned two several taxes of ten thousand pound each, and do fur-
ther grant an addition thereto of two thousand six hundred and thirteen
pounds ten shillings, amounting in the whole to the sum of twenty-two
thousand six hundred and thirteen pounds ten shillings ; which sum is
to be apportioned, assessed and levyed in manner as in this present act
is hereafter expressed.

And be it enacted hy His Excellency the Governour, Council and
Representatives in General Court assembled, and by the authority of
the samCy

[Sect. 2.] That each town and district within this province shall
and hereby is assessed, to pay as its proportion of the aforesaid twenty-
two thousand six hundred and thirteen pounds ten shillings, the sum
following ; that is to say, —

IN" the county of suffolke.

Boston, four thousand two hundred pounds, . . £4,200

Roxbury, three hundred and twenty pounds, . . 320

Dorchester, four hundred and forty pounds, . . . 440

Hingham, three hundred forty-six pounds ten shillings, 346

Brantrey, three hundred and twelve pounds, . . 312

Dedham, two hundred forty-two pounds, . . . 242

• This grant was made by resolve, as printed in the notes to 1703-1, ante.

Os.

Od.

[1st Sess,]

Province Laws. — 1704-5.

549

Medfiekl, two hundred thirty-five pounds ten shillings,
Weymouth, one hundred ninety-five pounds,
Milton, one hundred forty-three pounds,
Hull, eighty pounds ten shillings, .
Wrentham, seventy-seven pounds ten shillings.
Mendon, seventy-three pounds ten shillings,
Woodstock, sixty pounds, ....

I]Sr THE COUNTY OF ESSEX.

Salem, eight hundred and fiaurteen pounds, .
Ipswich, nine hundred and fifty pounds,
Newbury, six hundred ninety-eight pounds ten shillings.
Marbleheud, three hundred sixty-eight pounds,
Lynn, three hundred and thirty pounds,
Andovcr, three hundred and eleven pounds,
Beverly, two hundred sixty-one pounds,
Rowley, two hundred and fifty pounds,
Salisbury, two hundred pounds ten shillings,
Haverhill, two hundred pounds, .
Glocester, one hundred ninety-two pounds ten shillings,
Topsfield, one hundred and eighty pounds, .
Boxford, one hundred thirty-eight pounds ten shillings.
Wenliam, one hundred twenty-eight pounds,
Amsbury, one hundred and twenty pounds, .
Bradford, one hundred and five pounds,
Manchester, forty-six pounds, ....

IN" THE COUNTY OF MIDDLESEX

Charlestowne, five hundred and ninety pounds, .
Watertowne, four hundred and thirteen pounds ten

shillings, ......

Cambridge, three hundred seventy-eight pounds ten

shillings, ........

Concord, three hundred forty-six pounds,
Wobourne, three hundred and thirty pounds,
Reading, two hundred fifty-four pounds ten shillings,
Sudbury, two hundred forty-eight pounds, .
Marlboro, two hundred forty-six pounds ten shillings,
Newtown, one hundred and ninety pounds ten shillings.
Maulden, one hundred eighty-six pounds,
Chelmsford, one hundred sixty-seven pounds,
Bilerica, one hundred fifty-seven pounds ten shillings,
Sherborne, one hundred thirty-nine pounds,
Groton, ninety-foitr pounds, .
Lancaster, eighty-six pounds,
Framingham, eighty pounds,
Medford, seventy-four pounds ten shilUngs,
Stowe, fifty pounds, ....

Dunstable, thirty-two pounds ten shillings,
Drawcott, twenty pounds,

IN THE COUNTY OF HAMPSHIKE.

Springfield, two hundred seventy-two pounds,
Northampton, two hundred pounds,
Hadley, one hundred seventy-seven pound ten shillings
Hatfield, one hundred fifty-six pounds ten shillings,
Wcstfield, one hundred and forty pounds, .
Southfield, ninety pounds, .....
Enfield, seventy-seven pounds, ....
Deerfield,

£235 105. Od.

195 0 0

143 0 0

80 10 0

77 10 0

73 10 0
60 0 0

814 0 0

950 0 0

698 10 0

368 0 0

330 0 0

311 0 0

261 0 0

250 0 0

200 10 0

200 0 0

192 10 0

180 0 0

138 10 0
128 0 0
120 0 0
105 0 0

46 0 0

590 0 0

413 10 0

378 10 0

346 0 0

330 0 0

254 10 0

248 0 0

246 10 0

190 10 0

186 0 0

167 0 0

157 10 0

139 0 0
94 0 0
86 0 0
80 0 0

74 10 0
50 0 0
32 10 0
20 0 0

272 0 0

200 0 0

177 10 0

156 10 0

140 0 0
90 0 0
77 0 Q
00 0 0

550

Province Laws. — 1704-5.

[Chap. 5.]

IN THE COUNTY OF PLYMOUTH.

Situate, four hundred pounds, ....
Plymouth, three hundred pounds,

Bridgwater, two hundred thirty-six pounds ten shillings,
Marshfield, two hundred pounds ten shillings,
Duxbury, one hundred and ninety pounds, .
Middleborough, eighty-four pounds ten shillings, .

IN THE COUNTY OP BAENSTABLE.

Barnstable, three hundred and sixty pounds,
Yarmouth, one hundred ninety-nine pounds,
Eastham, two hundred and sixty pounds,
Sandwich, two hundred fifty-six pounds ten shillings,
Falmouth, seventy-three pounds ten shillings,
Rochester, seventy-three pounds ten shillings,
Manamoit, sixty pounds ten shilhngs, .
Harwitch, one hundi*ed pounds, ....

IN THE COUNTY OP BRISTOL.

Bristol, two hundred and twenty j^ounds,

Taunton, thi-ee hundred and eighty pounds ten shillings,

Dartmouth, three hundred forty-five pounds,

Rehoboth, two hundred and sixty pounds, .

Little Compton, two hundred and sixty pounds, .

Swansey, two hundred and fifty pounds,

Tiverton, one hundred sixty-five pounds,

Freetown, sixty pounds,

Attlebury, thirty-five pounds, ....

IN THE COUNTY OP YOKKE.

Torke, twenty pounds,

Wells, twenty pounds,

Kittery, one hundred pounds, ....

IN DUKES COUNTY.

Edgartown, one hundred and nine pounds, .
Chilmark, one hundred and one pounds,
Tisbury, sixty-eight pounds,

Nantuckett, two hundred and ten pounds, .

. £400

Od.

. 300

, 236

. 200

. 190

. 360

. 199

. 260

. 256

73 10

. 100

. 220

, 380

. 345

. 260

. 250

. 165

. 100

. 109

. 101

210 0 0

And be it fwrther enacted by the authority aforesaid,
[Sect. 3.] That the treasurer do forthwith send out his warrants
directed to the selectmen or assessors of each town and district within
this province, requireing them respectively to assess the sum hereby set
upon such town or disti-ict in manner following ; vizt., to assess all rat-
able male polls above the age of sixteen years at ten shillings the poll,
(except the governour and lieutenant-govemour, and their familys ; the
president, fellows and students of Harvard Colledge; setled ministers;
grammer-school masters, and such who, through age, infirmity or
extream poverty, in the jiidgement of the assessors, are rendred inca-
pable to contribute towards publick charges, who are hereby exempted
as well from being taxed for their polls, as for their estates being in
their own hand and under their actual management and improvement),
and all estate, both real and personal, lying within the limits and
bounds of such town or district, or next unto the same, not paying
elsewhere, in whose hand, tenure, occupation or possession soever the
same is or shall be found ; and income by any trade or faculty which
any person or persons (except as before excepted), do or shall exercise.

[1st Sess.] Province Laws. — 1704-5. 551

at one penny on the pound ; and to abate or multiply the same, if need
be, so as to make up the sum hereby set and ordered for such town or
district to pay ; and, in makeing their assessment, to estimate hovises
and lands at six years' income of the yearly rent whereat they are or
may reasonably be set or let for in the places where they lye, (saving
all contracts betwixt landlord and tenant ; and where no such contract
is, the landlord to re-imburse the one-halfe of the tax set upon such
houses and lands), and to estimate Indian, negro and molatto servants
proportionably as other personal estate, according to their sound judge-
ment and discretion ; also to estimate every ox of four years old and
upward, at forty shilUngs ; every coav of three years old and upward, at
thirty sliillings ; every horse and mare of three years old and upward,
at forty shillings ; every swine of one year old and upAvard, at eight
shillings ; and every sheep of one year old and upAvards, at four shillings :
likcAvise requiring the assessors to make a fair list of the said assess-
ment, setting forth in distinct columns against each particular person's
name, how much he or she is assessed at for polls, and how much for
houses and lands, and how much for personal estate, and income by
trade 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 district, 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 himselfe,
some time before the last day of August next.

[Sect. 4.] And the treasurer, upon receipt of such certificate, is
hereby impowred and ordered to issue forth his warrants, to the col-
lectors, constable or constables of such toAvn or district, requiring him
or them, respectively, to collect the onc-halfe of each respective sum
assessed on each particular person, at or before the last day of Novem-
ber next, and to pay in the same, and issue the accompts thereof, at or
before the said last of November ; and to collect the other halfe of
each particular person's assessment, and pay in the same into the
treasurer, and issue the accompts of the whole with himselfe, or the
treasurer for the time being, at or before the last day of May, which
will be in the year of our Lord one thousand seven hundred and five.

And be it further enacted^

[Sect. 5.] That the assessors of each town and district, respec-
tively, in convenient time before their makeing the assessment, shall
give seasonable warning to the inhabitants, in a town meeting, or by
posting up a notification in some place or places in such toAvn or dis-
trict, or otherwise notifye the inhabitants to gi^^e or bring in to the said
assessors true and perfect lists of their polls and rateable estate ; and
if any person or persons shall neglect or refuse so to do, or bring in a
false list, it shall be lawful to and for the assessors to assess such per-
son or persons according to their known ability within such toAvn, in
their sound judgment and discretion, their due proportion to this tax,
after and according to the rules herein given, annexing the penalty of
five shillings for each that shall and may be convicted of bringing in a
false bill ; and said fine shall be for the use of the poor in such town or
district where the delinquent lives.

And he it further declared^

[Sect. 6.] That the treasurer be and hereby is ordered to abate the
sum of nine pounds to the district of Manamoit, of their last year's
taxes, in consideration of so much by them laid on six familys then in
controversy betAvixt the said district and the town of HarAvich, and were
assessed by Harwich to the same taxes ; and that the treasurer haA'e
credit in his next accompt for the said abatement accordingly. \_Passed
June 24 ; published June 30.

552 Province Laws. — 1704-5. [Chap. 6.]

CHAP TEE 6.

AN ACT OF CONTINUATION OF SEVERAL ACTS THEREIN MENTIONED
THAT ARE NEAR EXPIRING.

Whereas the act intituled " An Act to prevent the deserting of the
frontiers of this province," made and pass'd in the twelfth year of
the reign of his late majesty, King William the Third ; the paragraph
in addition to the " Act for levying souldiers," contained in an act inti-
tuled "An Act for further continuing of several acts therein men-
tioned, that are near expiring," made and passed in the thirteenth year
of his said majesty's reign ; the act intituled " An Act granting unto
her majesty an excise upon wines, liquors and strong drinke sold by
retail;" the act "for granting unto her majesty several rates and dutys
of impost and tunnage of shipping," made and passed in the second
year of her present majesty's reign, are near expiring, and are necessary
to be revived and remain in force for a further and longer time, —

Be it therefore declared and enacted by His Excellency the Governour^
Council and Representatives in General Court assembled^ and by the
authority of the same,
1609-1700, cii.22. [Sect. 1.] That the said several acts; vizt., the "Act to prevent the
1701-2, ch.i4, §2. deserting of the frontiers," the paragraph in addition to the " Act for
1703-4, ch. 5. levying souldiers," the " Act granting unto her majesty an excise upon
1703-4, ch. 4. wines, liquors and strong drinke sold by retaile," the " Act for grant-
ing unto her majesty several rates and duties of impost and tunnage of
shipping," and all and singular the paragraphs, clauses, articles,
directions, powers, penaltys, forfeitures, matters and things in the said
several acts, and every of them respectively contained, be and hereby
are revived and further continued to abide and remain in full force, and
to be exercised, practised and put in execution until the twenty-ninth
day of June, which will be in the year of our Lord God, one thousand
seven hundred and five (any proviso or limitation in the said acts or
any of them notwithstanding), and not afterward.

And be it further enacted,

[Sect, 2.] That the chief field-officer of each regiment, upon com-
plaint made or not, may, as often as he shall thinke fit, require an
accomptof his captains and other commission officers, of all fines arising
within their respective companys and troops.

And, for better securing of the dutys of impost, &c., —

Be it further enacted by the authority aforesaid,

[Sect. 3.] That over and above the manifest to be given in by the
master of every ship and vessel, no permit sliall be granted for the land-
ing of any goods or merchandizes, until the owner or person respec-
tively to whom such goods are consigned do also come to the office and
make entry of the same, and pay or give bond with surety for payment
of the dutys thereof; and all goods landed before such permit granted
shall be seized and secured in the queen's storehouse.

[Sect. 4.] And the master of every ship or vessel shall be answer-
able for, and pay the dutys of all goods and merchandizes put out of
the same before a permit be therefore granted as aforesaid, unless he
shall land and deliver them to the officer at the queen's storehouse,
where they shall lye at the risque of the owners until the dutys and all
charges be paid, or secured to be paid, within the space of three months.
\_Passed June 24 ; published June 30.

Note.— The ahove Act, although not embraced ia the pamphlet edition of the acts of the ses-
Bion, was separately printed.

[1st Sess.] Province Laws. — 1704-5. 55,3

CHAPTER 7.

AN ACT FOR PUNISHING OF OFFICERS AND SOULDIERS RETAINED IN HER
MAJESTY'S SERVICE AND UNDER PAY.

Whereas no man may be forejudged of life or limb, or subjected to
any kind of punishment, by martial law, or in any other manner than by
the judgement of his peers, and according to the known and estab-
lished laws ; yet, nevertheless, it being necessary, for retaining such
forces as arc and shall be raised for her majesty's service in this time of
war, for the safety and defence of this province, and of her majesty's
subjects and interests within the same, in their duty, that an exact dis-
cipline be observed, and that souldiers in the service and under pay be
brought to a more exemplary and speedy punishment than the usual
forms of law will allow, —

Jje it therefore enacted by His Excellency the Governour, Council and
Jiejyresentatiues in General Court assembled, and by the authority of the
same,

[Sect. 1.] That every person that shall be in her majesty's service,
being mustered, and in pay as an officer or souldier, who shall, at any
time during the continuance of this act, commit any of the offences
hereinafter enumerated, shall be subject and liable to the pains and pen-
altys herein respectively assigned and annexed thereto, and to be
inflicted in manner as hereafter is directed ; that is to say, —

I. All officers and souldiers (not having just impediment), shall
diligently frequent daily prayers and sermon, in such places as shall
be ajipointed for the regiment, company or garrison to which they
belong ; and such as either wilfully or negligently absent themselves
from prayer or sennon, or else, being present, do behave themselves in-
decently or irreverently during the same, if they be officers, they shall
be severally reprehended at a court-martial, but if private souldiers,
they shall, for every such first offence, forfeit, each man, twelvepence,
to be deducted out of their next pay ; and, for the second offence, shall
forfeit twelvepence, and be laid in irons not exceeding twelve hours ; and,
for every like offence afterwards, shall suffer and pay in like manner.

II. Whosoever shall use any unlawful oath or execration, shall be
punished by lying in the bilbo's not exceeding twelve hours, or running
the gantlet.

III. If any officer or souldier shall presume to blaspheme the holy
and undivided Trinity, or the ])ersons of God the Father, God the Son,
or God the Holy Ghost, he shall have his tongue bored through with a
red-hot iron.

IV. If any officer be found drunke the day of his guard, he shall
be cashiered for it ; and, for being drunke at any other time, shall
pay the sum of ten shillings. And if any souldier shall be found
drunke, he shall, for the first offence, be admonished ; and, for every
after offence, shall pay the sum of five shillings, to be deducted out of
his wages ; and if he happen to be drunke when he is upon duty, over
and above the said payment, he shall ride the wooden horse not
exceeding one hour,

V. No officer or souldier shall presume to excite, cause or joyne
in any mutiny or sedition in the araiy, company, fortress or garrison
whereto he belongs, or to desert her majesty's service in the ai-my,
company, fortress or garrison whereto he belongs, on pain of death, or
suffering such other punishment as shall be inflicted by a court-martial,
or by the justices of assize before whom he shall be convicted, in the
county where he shall be taken, in case he have not been tryed before
a court-martial.

554 Province Laws. — 1704-5. [Chap. 7.]

VI. And whosoever shall utter any words of sedition or mutiny
shall loose and forfeit his wages, and to be laid neck-and-heels not ex-
ceeding the space of one hour.

VII. A centinel who shall be found asleep, or negligent of his
duty, in any post or garrison where he shall be placed, and any cen-
tinel or perdue that shall forsake his place before he be relieved or
drawn off, or, upon discovery of the enemy, shall not give warning
thereof to his quarters, according to direction, he shall sutfer death, or
some other grievous punishment by loss of his pay, running the gant-
let, and such other proper military punishment as by a court-martial
shall be detennined, according to the degree of the offence and circum-
stances aggravating the same.

VIII. Every souldier shall keep silence when the army is
marching, embattelling or takeing up their quarters (to the end that
their officers may be heard and their orders executed), upon pain of
imprisonment, or being laid neck-and-heels by the space of one hour.

IX. No inferiour officer or souldier may refuse to obey his supe-
riour officer, or presume to resist, strike or lift up his hand to strike,
draw or offer to draw, any weapon against him, upon any pretence
whatsoever, on pain of being punished by cashiering, running the
gantlet, rideing the wooden horse, or being laid neck-and-heels, or laid
in irons, according to the degree of the offence and circumstances
aggravating the same.

X. If any souldier shall wilfully spoil, loose, or play away, his
armes, he shall remain in the quality of a pioneer or scavinger until he
be furnished again with as good armes at his own charge ; and if he be
not otherwise able, the one-halfe of his pay shall be deducted and set
apart for the providing him therewith until he be refurnished.

XI. None shall presume to spoile, sell, convey away, or imbezel
any ammunition delivered to him, on pain of rideing the wooden
horse one hour, and haveing the value of the same deducted out of his
wages.

All pains and penalties for breach of any of the foregoing articles,
not extending unto life, may be inflicted by the chief commanding
officer of the regiment, or the commission officers of any particular
company, forti'ess, or garrison.

And be it further enacted by the authority aforesaid,

[Sect. 2.] That the captain-general or commander-in-chief of this
province, for the time being, during the continuance of this act, shall
have full power and authority, by and with the advice and consent of
the council, to grant commission to any colonel or other field-officer in
her majesty's service, and under pay, from time to time to call and
assemble courts-martial for the hearing and punishing of any of the
offences aforesaid that may be j^unished with death ; and that no court-
martial shall consist of fewer than eleven, whereof none to be under
the degree of a commission officer, under pay ; and the president of
such court-martial not to be under the degree of a field-officer, or the
then commander-in-chief of the forces under pay, where the offender is
to be tryed ; and that such court-martial shall have power to administer
an oath to any witnesse, in order to the due examination or tryal of
such offences.

Provided, always, and be it enacted,

[Sect. 3.] That in all tryals of offenders, by courts-martial, to be
held by virtue of this act, where the offence may be punished with
death, every officer present at such tryal, before any proceeding be had
thereupon, shall take an oath before the court and a justice of peace, if
any such be there present ; otherwise the president of such court, being
first sworne by two members thereof, shall administer the oath unto the
others ; and the president of such court and any two other members

[1st Sess.] Province Laws. — 1704-5. 555

thereof, resiJectively, are hereby authorized to administer the same in
these words ; that is to say, —

You sliall well and truely trye and determine, according to your evidence, the
matter now before you between our sovcraign lady the queen and the prisoner
now to be tryed. So help you God.

[Sect. 4.] And no sentance of death shall be given against any
offender by any court-martial unless nine of the eleven officers present
shall concur therein ; and if there be a greater number of officers pres-
ent, then the judgement shall pass by the concurrance of the greater
part of them so SAVorne, Avhich major part shall not be less than nine,
and not otherwise ; nor shall any sentance of death, passed by any
court-martial upon any offender, be put in execution until report be
made of the whole matter, by the president of such court, unto the
captain-general or commander-in-chief of this province, for the time
being, in order to receive his direction therein ; and the prisoner shall
be kept in safe custody in the mean time. And the provost-marshal
shall have a warrant, signed by the president of the court, to cause
execution to be done according to sentance before the same be exe-
cuted : provided, always, that nothing in this act contained shall extend,
or be construed, to exempt any officer or souldier whatsoever from the
ordinary process of law.

Provided, also, —

[Sect. 5.] That this act shall continue and be in force until the first
day of July, in the year of our Lord one thousand seven hundred and
five, and no longer ; and that the same be published by the captain or
commanding officer of every company, fortress, or garrison, unto the
souldiers thereto belonging, upon his first receipt thereof, and so once a
month from time to time. [Passed June 29 ; published June 30.

556 Peovince Laws.— 1T04-5. [Chap. 8.]

ACTS

Passed at the Session begun and held at Boston,
ON the Sixteenth day of August, A.D. 1704.

CHAPTER 8.

AN ACT AGAINST COUNTERFEITING THE BILLS OF CREDIT ON THIS

PEOVINCE.

Whereas, by reason of the pressure of the war, and the impossibil-
ity that the money, plate and bullion within this province can support
the charge thereof^ the government have thought it necessary, for car-
rying on the publick aliairs, and answering of the present demands of
souldiers and seamen imployed in the service, to order the imprinting,
stamping and signing of a certain number of bills of credit of several
sums, by commissioners thereto duely authorized and imjiowred ; which
bills have been issued, and obtained a good currancy, and very much
facilitated a dispatch of the necessary occasions of the war, and have
also been of great advantage to trade ; nevertheless, some ill-disposed
and wicked persons, designing the hurt of this jDrovince, and of her
majesty's good subjects within the same, and for base lucre and gain to
themselves, have forged and uttered several counterfeit bills, in imita-
tion of the twentj^-shilling bill of credit on this province, thereby
imposing a vile cheat and coiisenage on some less deserving and un[a]-
wary persons ; for remedy and prevention whereof, —

lie it declared and enacted by Ills Excellency the Governour, Council
and lispi-esentatives in General Court assembled, and by the authority
of the same,
renaityfor [Sect. 1.] That whosocvcr shall presume to forge, counterfeit or

tering^'of coun- uttcr any bill or bills, (knowing the same to be false and counterfeit),
terfeit bills. Qf ^^j-jq tcnour or in imitation of any of the bills of credit on this prov-
ince by law established, or that shall counsel, advise, procure, or any
ways assist in the forging, counterfeiting, imprinting, stamping or sign-
ing of any such false bills, or engrave any plate, or make any other in-
strument to be used for that purpose, every person and persons so offend-
ing, being thereof convicted, shall be punished in such manner as is by
law provided against forgeiy, and be branded on the right cheek with a
hot iron with the letter F, and shall pay double damages to every per-
son known to be defrauded or cheated by the said fidse bills ; and in
case the offender or offenders be not able to defrey the charge of their
imprisonment, they shall be imployed in and about any such base, servile
labour or Avork as any two justices of peace, quorum unus, shall order,
for the defreying of their prison charges and support, and shall also
forfeit to her majesty, her heirs or successors, such part and so much of
their goods, chattels, lands or tenements as shall amount to treble the
sum and sums expressed in the bill or bills so counterfeited or uttered ;
to be applyed for and towards the support of the government within
this province.

[2d Sess.] Province Laws. — 1704-5. 557

And be it further enacted hy the authority aforesaid,

[Sect. 2.] That whosoever shall make discovery and give infomia- Reward for dU-
tion of such vile, Avicked practice of malj:ing or knowingly putting off ^'^^^^^'
any false and counterfeit bills, so that the person or persons guilty
thereof be reudred to justice and convicted, every such informer shall
have and receive as a rcAvard for his good service therein the sum of
fifty pounds, to be ordered out of the publick treasury, and to be repaid
into the treasury out of the offender's goods or estate, so far as that
will extend, by order of the court where the conviction shall be.

And whereas the governour, Avith the advice of the council, upon the
first discovery of the aforesaid forgery, hath sometime since issued a
proclamation, to notify her majesty's loving subjects thereof, and to
caution them of being imposed on or deceived by any of the said coun-
terfeit bills, withall directing them to shew forth their bills to the com-
missioners ap2)ointed as aforesaid, or one of them, on certain days set
and limited by the proclamation for their attendance to examine the
same ; and forasmuch as on the most strict inquiry and examination of
some of the persons detected of the said forgery, it do's appear that
the whole number of bills counterfeited and uttered do's not amount to
seventy, being all made off a plate of twenty shillings ; to the intent,
that no innocent persons may suffer loss thereby, —

He it further enacted by the authority aforesaid,

[Sect. 3.] That all and every constable, receiver or other persons. Counterfeit
who, before the eighteenth day of October next, in this present year, broueht^^n bv
one thousand seven hundred and four, shall deliver any of the said the isth of Oc-
counterfeit bills, which they hare received, to the aforesaid commis- ^^ ^'^'
sioners, or any one of them, and shall make oath before them or one of
them, that bona fide they received and took such bill or bills in pay-
ment at the value therein expressed, not knowing the same to be false ;
declaring also of what person or persons they received them, if they
know, or otherwise that they knoAV not the persons, which oath the
commissioners, or any one of them, are hereby impoAvred to administer,
and then shall endorse on the said bills the name of the person that
brouoht them, and return them to the treasurer, Avho is hereby directed Treasurer to
and impoAvred to deli\'er them good bills for the same sums in lieu biiis to the
thereof; so ncA^ertheless that he pay not out above the sum of seventy pound*3*^*^^*°*^
pounds in the whole. And the commissioners, or any one of them, are
hereby further impowred and directed, by warrant under either of their
hands and seals, to conA'ent and examine all persons that, upon oath
made as aforesaid, shall be named to them to have uttered or put off
any of the said counterfeit bills in order to make a further and more
full discovery of the cheat and forgery ; and shall administer an oath,
in form aforesaid, to each person from one to another that shall be
named to them. And if any person shall refuse to take the oath, the
commissioners, or any one of them, shall detain all his bills, and bind justices of the
him over to answer as the maker thereof And every justice of the ventand exam-
peace is alike impoAvred to pursue the direction aforesaid for the dis- ine persons sus-
covery of any false bills, and the makers or utterers thereof. ?ng o^ultering

And further be it enacted by the authority aforesaid, fai«e biiis.

[Sect. 4.] That cA^ery person convicted of altering or increasing Penalty for ai-
the sum of figures set and expressed in any of the bills of credit on o7c"edu''or^*
this proA'ince, or of forging or counterfeiting any name, hand, stamp, or forging any
other priA'atc mark, that shall or may hereafter be ordered to be made the"reto,*' '
or set thereon, shall be punished for either of the offences aforesaid in
the same manner as is provided by laAV for the punishment of forgery,
and be further sentenced by the court before whom the conviction is, to
pay treble damages to the parties injm-ed thereby. [^Passed and pub-
lished August 19.

558

Province Laws. — 1704-5.

[Chap. 9.]

ACT

Passed at the Session begun and held at Boston,
ON THE Twenty-Fifth day of October, A.D. 1704.

1703-4, chap. 6.
1703-4, chap. 7.

1703-4, chap. 7,
sect. 3.

Encourage-
ment to volun-
teers.

CHAPTER 9.

AN ACT FOR REVIVING AND FURTHER CONTINUING OF TWO SEVERAL
ACTS HEREIN NAMED, REFERRING TO THE WAR.

JBe it declared and enacted hy His Excellency the Governour, Council
and Representatives in General Court assembled, and by the authority
of the same,

That the act, intituled " An Act to cncoui-age the prosecution of the
Indian enemy and rebels," the act entituled " An Act relating to the
forces that are or shall be imployed on her majesty's service within this
province," both made and pass'd in the second year of her present
majesty's reign, together with all and singular the articles, paragraphs,
directions, powers, penalties, forfeitures, rewards, matters and things in
the said two several acts respectively contained, excepting in that par-
agraph in the act relating to the forces that are or shall be imployed
on her majesty's service, &c., those words ; vizt., " 07i extraordinary
occasion, at the discretion of the commander^'' be and hereby are re-
vived and further continued to abide and remain in full force and vir-
tue ; and to be exercised, practised and put in execution accordingly,
for and during the time limited for the continuance of this present act.

And be it further enacted by the authority aforesaid,

For the greater and better encouragement of voluntiers against the
Indian enemy and rebels, —

[Sect. 1.] That if any company shall voluntarily enlist themselves
under a proper officer, to be appointed and commissioned by the cap-
tain-general or commander-in-chief for the time being, and go forth on
the service against the Indian enemy and rebels, at their own charge,
without pay, they shall be allowed and paid out of the publick treasury,
for every Indian enemy by them slain, being men or youths capable of
bearing armes, the sum of one hundred pounds per head ; and for
women or others, male or female, above the age of ten years, ten
pounds per head, the scalp to be produced and oath made, as by the
aforesaid act, to encourage the prosecution of the Indian enemy and
rebels is directed ; and shall have provisions and ammunition advanced
to them on accompt, to be deducted out of the premium ; also the ben-
efit of all plunder and prisoners under the age often years, to be shared
and divided to and among the officers and souldiers, proportionably to
their wages : provided, that no reward shall be given to souldiers under
pay, for any Indian by them slain under the age of ten years.

Provided, also. That this act shall continue and remain in force until
the last day of November, [1705] [one thousand seven hundred and five"],
and not afterwards.

[3d Sess.] Province Laws. — 1704-5. 559

And, in further addition to the act intituled "An Act relating to the
forces that are or shall be imployed on her majesty's service within this
province," —

J3e it enacted hy the autJiority aforesaid,

[Sect. 2.] That the colonel or chief officer of every regiment, and Colonel and
the captains of every company, under pay, do severally attend and tend^'hlk*dut'y,
perform the duty respectively required of them by the said act.

[Sect. 3.] That the captains of forts and garisons and of compa- Muster-roiis to
nies under pay, in the several parts, shall make up and adjust the mus- evcTy four*^
ter-roUs of their companies, with the commissary, at the end of every months,
four months, eveiy such muster-roll to be forthwith transmitted to the
commissary-general. That the sub-commissaries, in the several parts, ^es t ''kee'^^'^
do keep a particular accompt of all goods by them issued, as well of the account of par
particular species as prices, and of the time, when and to whom, and, and'prices^"/aii
from time to time, to render the same to the commissary -general. goods issued.

[Sect, 4.] That debentures for the wages of sons under age, or ser- Debentures for
vants miployed in the service, shall be made payable to their parents or or'^sl"vanTs to^
masters, respectively, and be delivered unto them (where they can be ^^ ^^^^^ paya-
easily come at), by the captain granting the same, or else [to'] be lodged erfts or^mas^'*'^
in the treasury for their use. And no captain shall pay the wages due *^'"''-
to any son or servant, as aforesaid, to any other but their respective
parents or masters, on pain of paying the same again, out of his own
estate, to such parent or master, to be recovered by action of debt, if it
appear to be noted in his muster-roll, or that such captain had otherwise
the knowledge thereof [Passed Nommher 18 ; pvMished November 20.

560

Province Laws. — 1704-5.

[Chap. 10.]

ACT

Passed at the Session begun and held at Boston,

ON the Twenty-Seventh day of December,

A.D. 1704.

CHAPTER 10.

Debts for
strong drink
not recover-
able.

Pawns to be
restored.

No process to
be granted or
served on a
soldier under
pay-

Justice of the
peace to dis-
charge soldiers
impnsoned for
debt.

None to be pro-
tected from the
law for debt be-
fore made, by
entering into
the eervice.

AN ACT AGAINST SOULDIERS AND SEAME>T IN HER MAJESTY'S SERVICE
BEING ARRESTED FOR DEBT.

For the better preventing of debauchery in souldiers, and hurt to
the service, by their unnecessary consuming their pay in strong drink,
which should be imployed to support them in clothing, and for the
relief of their families, —

JBe it enacted by Ills Excellency the Governour, Council and Repre-
sentatives in General Court assembled^ and by the authority of the same,

[Sect. 1.] That no person whatsoever shall sell, truck, barter or
cause to be sold, truckt or bartered any wine, rhum, liquors or other
strong drink, to any souldier or souldiers in her majesty's service and
under pay, upon credit or promise of payment, or upon any pawn or
other security, on pain of loseing every debt so made and contracted ;
and the creditor is and shall be utterly bar'd from any process or benefit
of the law for recovery of the same.

[Sect. 2.] That all armes, ammunition, clothing or other things
belonging to any souldier actually in the service as aforesaid, pawn'd,
truckt, bartered or altered from one person to another, shall be restored
and made good without any price or redemption therefore to be ren-
dred or given ; and the persons offending in making of such pawn, truck
or barter, and in accepting and receiving of the same, shall be severally
punished by lying neck-and-heels, or other proper military punishment,
where they are both in the service.

And be it further enacted by the authority aforesaid^

[Sect. 3.] That if any person whatsoever, other than the commis-
sary, shall trust or give credit to any souldier during his being actually
in the service, for clothing or other thing whatsoever, no process shall
be granted or served on such souldier for any debt so contracted, until
he be dismiss'd the service ; and every Avritt or process granted or
served contrary hereto shall be deemed and adjudged void in law and
of none effect ; and any justice of the peace within the county where
any souldier is committed or restrained, upon process granted for debt or
pre[t][y]ention of debt made as aforesaid, upon certificate from the cap-
tain or chief officer under whose command such souldier is, setting forth
that at the time of such debt contracted he then was and still continues
a souldier under her majesty's pay, shall forthwith order his release from
confinement to return to liis duty : provided, nevertheless, that no person,
bo7ia fide and justly indebted to another, shall be suffered to defeat his
creditor by voluntarily enlisting or hiring himself to the service, thereby
to avoid or delay payment and be protected from the law, but in such

[4th Sess.] Province Laws.— 1704-5. 561

case, uiDon application, made by the creditor to the captain-general or
the commander-in-chief for the time being, seting forth his just debt
before contracted, such officer or souldier, respectively, shall be immedi-
ately dismiss'd the service and left open to the law ; any custom or usage
to the contrary notwithstanding.

A7id be it further enacted by the authority aforesaid,

[Sect. 4.] That this act, in the several articles, branches and para- ^y^j"^^" ^°'^
graphs thereof, poAvers and penalties therein contained, shall extend and
be construed to extend, be practised and be put in execution, as well
relating to mariners and sailors actually in her majesty's service and
pay, as to souldiers serving on the land.

[Sect, 5.] This act to continue and be in force until the end of the Limitation
session of this court in May, [1706] \_one thousand seven hundred and
s%x\, and no longer. \_Passed January 3 ; ptd)lished January 9, 1704-5.

Notes. — There were five sessions of the General Court this year; but no acts wore passed at
the fifth session. The engrossments of all the acts passed, are preserved, and all were printed,
excepting chapters 5, and 7, and a private act bearing the following title, viz., —

" An Act to Enable Susanna Codner (late Young) Sole Executrix of the last Will & Tes-
tam' of William Parsons, late of Boston, Sley-maker, deced, to sell the House & Land of the
s* William Parsons, to pay his just Debts." — [Approved Nov. 17.

The proceedings of the Board of Trade with regard to the acts of this vear have been de-
scribed in Notes to 1700-1, and 1701-2.

Chap. 8. This act is not printed in the edition of the Province Laws published by direction
of the Lords of Trade in 1724; but against the title is a memorandum that the act has " had its
effect," — upon the supposition, evidently, that the law applied only to a particular issue or class
of bills no longer current. Such, however, does not appear to have been the opinion of the
committees who prepared the American editions, where this act is found as late as 1742, and
disappears in the next edition (1759.) It was also printed by special order June 17, 1709.

The resolves which follow are referred to in subsequent acts, but Avere passed this year: —

(a.^ "June 30, 1704. The following Eesolve pass'd in the House of Represent'" & sent
up; viz., —

Resolved, that the Sum of Five Thousand Pounds of Bills of Publick Credit on this Province
be further Imprinted & sign'd by the Committee that made the last Bills, as soon as may be,
who shall be rewarded for their Service after the Rate they were for the Bills they last made,
About Two Hundred Pounds of which Sum are to be made on the Plate that contains Half
Crown & two Shilling Bills, & the Remainder of the said Sum upon the Plate which contains
Forty, Twenty, len & Five Shilling Bills; Which Sum aforesaid so made they are to deliver to
the Treasurer, Taking his Receipt for the same; —

That the Treasurer be & hereby is Ordered & Impower'd to Issue forth & emit the said Bills
towards Payment of the publick Debts of the Province already contracted & the further growing
Charge for the Defence thereof, for Supplying & Subsisting of the Province Gallej^ Forts, Gar-
risons & Forces raised & to be raised & employed within the same, & Wages arising for their
Service, for Payment of Grants Salaries & Allowances made & to be made by this Court, for
Support of the Government of this Province & Answering the incident & contingent Charges
thereof according to such Draughts as from Time to Time shall be made upon him by Warrant
or Order of the Governour by & with the Advice & Consent of the Council ; And the said Bills
shall pass out of the Treasury at the Value therein express'd, Equivalent to Money, And shall
be taken & Accepted in all publick Payments at the Advance and after the Rate of Five Pounds
per Cent more ; —

And that the Duties of Impost & Excise shall be a Fund & Security for the Repayment &
Drawing in of the said Bills to the Treasury again, as far as that will reach; And as a further
Fund & Securit}' for the same, & for the Defraying the further necessary growing Charge of the
Province, the Defence of her Majesties Subjects & Interests within the same & Support of the
Government thereof, There be & hereby is granted unto her Most Excellent Majesty for the
Ends & Uses aforesaid a Tax of Ten Thousand Pounds to be levied on Polls and Estates both
Real & Personal within this Province according to such Rules & in such Proportions upon
the several Towns & Districts within the same as shall be Agreed on & Ordered by the
Great & General Court or Assembly of this Province at their Session beginning in May next &
to be applied to such further Use & Uses as the said Court shall direct, W^"" said Tax shall be
paid in to the Treasurer on or before the last Day of November in the Year of our Lord One
Thousand seven Hundred & five; —

W'"" Resolve being read at the Board was Concur'd;

And is Consented to : J.Dudley."
— Council Records, vol. VIII., pp. 69-70.

(b.) " Aug. 17, 1704. The following Resolve pass'd in the House of Represent"" was sen
up; viz., —

Resolved that the Treasurer be directed & impower'd to Emit the Sum of Seven Thousand
Pounds of Bills of Credit on this Province which he has received or shall receive into the Treas-
ury on the same Fund and for the same Uses as the Five Thousand Pounds ordered to be Emit-
ted at the last Session, And that the Treasurer have Credit in his Accompt for the said Sum of
Seven Thousand Pounds with Five per Cent Advance when he has Emitted the same ; — W^''
Resolve being read at the Board was Concur'd;

And is consented to : J.Dudley."
— Ibid., p. 73.

562 Peovince Laws. — 1704-5. [Notes.]

(c.) " Nov. 18, 1704. The following Resolve was pass'd in y<= House of Repres"'. Read &
Concur'd; Viz., —

Resolved that the Treasurer be Directed & Impowered to Emit the Sum of Twelve Thou-
sand Pounds of Bills of Credit, which he hath or shall receive, to & for the Paj'ment of the
publick Debts already contracted for Defraying of the growing Charge of the War ; For the
Subsisting and Paying of Soldiers & Sea Men & Vessels' Hire that are or shall be taken up &
cmploj'edin the Service of this Province; For Pajnnent of the Premium or Reward granted by
this Court for the Encouragement of Voluntiers that shall serve without Pay; For the Support
of the Governm' & Answering of the incident and contingent Charges in"& about the same;
And for such Payments as are directed by any Act of this Court to be made out of the publick
Treasury, & suck other Grants, Salaries, Gratuities and Allowances as shall be made & directed
by this Court; W'='' Bills shall be issued out of the Treasury at the Sum therein express'd, and
shall be Accepted & taken in all publick Payments, by the' Treasurer, & all Constables, Collec-
tors & Receivers subordinate to him, after the Rate of Five Pounds per Cent Advance thereupon ;
And the Treasurer shall have Credit in his Accompts for the said Sum of Twelve Thousand
Pounds, with Five per Cent Advance, when he has emitted the same ;

And as a Fund & Security for the said Twelve Thousand Pounds Credit, And for the Draw-
ing in & Payment of the said Bills, —

It is FuiiTiiEu Resolved that there be & hereby is Granted unto her most Excellent
Majesty a Tax of Twelve Thousand Pounds, on Polls, & Estates both Real & Personal, to be
levied & apportion'd upon the several Towns & Districts within this Province according to
such Rules & in such Proportion as shall be Agreed on & Ordered by the General Assembly, at
their Se>sion in May next, And to be Collected & Paid into the Treasury by the last Day of
May, which will be in the Year of our Lord One Thousand seven Hundred & six.

Consented to: J.Dudley."
—Ibid., pp. 96-7.

(d.) " Feb. 27, 1704-[5.] The following Resolve pass'd in the House & sent up; Viz., —

Resolved that the Treasurer be directed & impowered to Emit the Sum of Eight Thousand
Pounds of Bills of Credit on this Province which he hath or shall receive, to & for the Payment
of the publick Debts already contracted; for Defraying the growing Charge of the War; tor the
Subsisting & Paj'ing of Soldiers & Sea Men & Vessels' Hire that are or shall be taken up &
emploj'cd in the Service of this Province; for Paj'ment of the Premium or Reward granted by
this Court for the Encouragement of Voluntiers that shall serve without Vay for Support of the
Government, & Answering the incident & contingent Charges about the same; & for such Paj'-
nients as are directed by any Act of this Court to be made out of the publick Treasury, & such
other Grants, Salaries, Gratuities & Allowances as shall be made & Directed by this Court;
Which Bills shall be issued out of the Treasury at the Sum therein express'd. And shall be
Accepted & taken in all publick Payments, by the Treasurer, Constables Collectors & Receivers
subordinate to him, after the Rate of Five Pounds per Cent Advance thereupon ; And the Treas-
urer shall have Credit in his Accompts for the said Sum of Eight Thousand Pounds with Five
per Cent Advance when he has Emitted the same.

And as a Fund & Security for the said Eight Thous'^ Pounds Credit, & for the Drawing in &
Paj'ment of the said Bills, It is, further,

Resolved that there be & hereby is granted to her most Excellent Majesty a Tax of Eight
Thousand Pounds, on Polls, & Estates both Real & Personal, to be levied & apportion'd upon
the several towns & Districts within the Province, according to such Rules & in such Proportion
as shall be Agreed on & Directed by the General Assemblj^ at their session in ISIaj' 1706, & to
be Collected & paid into the Treasury by the last Day of November in the same j'ear; And
that the Duties of Impost & Excise shall be a further Fund & Security for the Repayment &
Drawing in of the said Bills into the Treasurj' ; —

W""" Resolve being Read in Council was Concur'd;

And is Consented to: J. Dddley,"'
—Ibid., pp. 115-18.

See 170.5-6, chap. 3, sect. 3

ACTS,

Passed 170 5—6 .

[6C3]

ACTS

Passed at the Session begun and held at Boston,
ON THE Thirtieth day of May, A.D. 1705.

CHAPTER 1.

AN ACT FOR THE EASE OF PRISONERS FOR DEBT.

FoKASMUCH as, in divers counties within this province, the prisons
are so small that when there are any number of prisoners there are not
rooms or apartments sufficient for the receiving and securing of them,
without lodging felons and other criminals, and prisoners for debt,
together in one and the same room, which ought not to be ; wherefore,
whilst other and better provision can be made in that respect, —

Be it declared and enacted by Mis Excellency the Governour, Council
and IXepresentatives in General Court assembled^ and by the authority
of the same,

[Sect. 1.] That any person imprison'd for debt, either upon mean prisoners for
process or execution, shall be permitted and allowed to have a chamber chamber^nd^
and lodging in any of the houseing or apartments belonging to such liberty of the
prison, and liberty of the yard within the same, in the day time, but curit'y?^"^ ^^"
not to pass without the limits of the prison, itpon reasonable payment
to be made for chamber-room, not exceeding one shilling and sixpence
per week ; such prisoner giving bond to the sheriff, with two sufficient
sureties, being freeholders, bound, jointly and severally, in double the
sum for which he is imprisoned, with condition, underwritten, in form
following; viz., —

That if the above bounden A. B., now prisoner in her majesty's prison in B., Condition of
within the county of S., at the suit of C. D., do and shall from henceforth be and *^^ bond,
continue a true prisoner, in the custody, guard and safe-keeping of D. W., keeper
of the same prison, and in the custody, guard and safe-keeping of his deputy,
officers and servants, or some or one of them, within the limits of the said prison,
until he shall be lawfully discharged, without committing any manner of escape
or escapes during the time of his restraint, then this present obligation to be void ;
or else to abide in full force and virtue.

[Sect. 2.] And in case of an escape, the whole penalty of such The whole pen-
bond, without chancery, shall be to and for the use of the creditor, and chanceryto^be
shall be transferr'd and assigned over to the creditor, by the sheriff, recovered in
with full poAver to enable him to put the same in suit, and recover the '^'^^^ ** escape,
sum therein express'd. And the sheriff delivering up such bond to the
creditor, so assigned as aforesaid, shall not be liable to any action of
escape, for any prisoner enlarged upon security given in manner as
aforesaid : 'provided, always, that the sureties be approved as sufficient. Proviso for the
by the justices of that court before whom the cause upon such commit- the sureties'. °*^
ment is to be tryed, or from whence execution issued, or any two of
them, or by two justices in the county, quorum unus, where the debtor
is imprisoned ; and no other sureties to be accepted.

566

Province Laws. — 1705-6.

[Chap. 2.]

Provided, also^
Limitation. [Sect. 3,] That this act shall continue and remain in force by the

space of three years next coming, and not aftei"wards. \_Passed June
30 ; published Jxdy 6.

1699-1700,ch.22,

1701-2, chap. 14.
1703-4, chap. 5.

1703-4, chap. 4.
1704-5, chap. 7.

1704-5, chap. 6.

CHAPTER 2.

AN ACT FOR THE FURTHER AND LONGER CONTINUING IN FORCE SEVERAL
ACTS THEREIN MENTIONED, THAT ARE NEAR EXPIRING.

Whereas the act intituled " An Act to prevent the deserting of the
frontiers of this province," made and pass'd in the twelfth year of the
reign of his late majesty, liing William the Third; the paragraph, in
addition to the act for levying souldiers, contained in an act intituled
"An Act for further continuing of several acts therein mentioned that
are near expiring," made and pass'd in the thirteenth year of his said
majesty's reign; the act entituled "An Act granting unto her majesty
an excise upon wines, liquors and strong drink, sold by retail ; " the act
entituled "An Act for granting unto her majesty several rates and
duties of impost and tunnage of shipping," both made and pass'd in the
second year of her jiresent majesty's reign, being from time to time
revived and at present in force ; as also the act intituled " An Act for
punishing of officers and souldiers retained in her majesty's service and
under pay," pass'd in the third year of her present majesty's reign, are
now near expiring, and will be necessary to abide and remain still in
force in this time of war, —

Be it therefore declared and enacted by His Excellency the Govemour,
Council and Hepresentatives in General Court assembled, and by the
authority of the same,

That the several acts above enumerated; viz., the "Act to prevent
the deserting of the frontiers of this province ; " the paragraph, in
addition to the act for levying souldiers, contained in the "Act of
continuation," above mentioned ; the "Act granting vmto her majesty
an excise upon wines, liquors and strong drink, sold by retail;" the
"Act for granting unto her majesty several rates and duties of impost
and tunnage of shipping ; " and the " Act for punishing of officers
and souldiers retained in her majesty's service, and under pay;" as
also the last " Act of continuation " of the afore-recited acts, pass'd
in the third year of her present majesty's reign ; and all and singu-
lar the pai'agi-aphs, clauses, articles, directions, powers, penalties, for-
feitures, references, matters and things in the said several acts, and
every of them, respectively, contained, be and hereby are further
revived and continued, and, accordingly, to be practised, exercised,
and put in execution, until the twenty-ninth day of June, which will be
in the year of our Lord God one thousand seven hundred and six (any
proviso or limitation in the said acts or any of them notwithstanding),
and not afterwards. [Passed June 14 ; published June 30.

CHAPTER 3.

AN ACT FOR APPORTIONING AND ASSESSING OF TWO SEVERAL TAXES ON
POLLS AND ESTATE, PURSUANT TO THE GRANTS MADE TO HER MAJES-
TY BY THE GENERAL ASSEMBLY IN THE YEAR 1704.

Whereas the great and general court or assembly of the province of
the Massachusetts Bay in New England, at their several sessions in the

[1st Sess.]

Province Laws. — 1705-6.

567

year one thousand seven hundred and four, did make and j^ass two* sev-
eral gi-ants of taxes as funds and security for the repayment of several
sums in the bills of credit on this province, ordered to be imprinted and
issued out of the publick treasury ; vizt., at their session begun the
thirty-first of May in the said year, a grant of ten thousand pounds ;
and at their session begun the twenty-fifth of October following, another
grant of twelve thousand pounds, applyed to the ends and uses therein
enumerated; the said two several taxes to be levyed on polls and
estates in the several towns and districts within this province, accord-
ing to such rules and in such proportion as should be agreed on and
directed by this court in their present session ; wherefore, for the
makeing good and perfecting of the said grants, we, her majesty's loyal
and dutiful subjects, the representatives of her majesty's province afore-
said, in general court assembled, do unanimously approve, ratify and
contirmc the two aforesaid grants, made unto her most excellent
majesty, of the afore-mentioned several sums of ten thousand and
twelve thousand pounds, and the further sum of four hundi-ed twenty-
two pounds ; and pray that it may be enacted, —

And be it accordinghj enacted hy His Excellency the Govemour,
Council and Representatives in General Court assembled, and by the
authority of the same,

[Sect. 1.] That each town and district within this province shall
be assessed and pay, as its proportion of the twenty-two thousand four
hundred twenty-two pounds abovesaid, the sum hereafter following;
that is to say, —

IN THE COUNTY OF SUFFOLK.

Boston, four thousand two hundred pounds, .
Roxbury, three hundred and twenty pounds,
Dorchester, four hundred and forty pounds, .
Hingham, three hundi-ed forty-six pounds ten shillings
Brantrey, three hundred and twelve pounds,
Dedham, two hundred forty-two pounds,
Medfield, two hundred thirty-five pounds ten shillings
Weymouth, one hundred ninety-five pounds,
Milton, one hundred forty-three pounds,
Hull, eighty pounds ten shillings, ....
Wrentham, seventy-seven pounds ten shillings, .
Mendon, seventy-three pounds ten shillings, .
Woodstock, sixty pounds,

IN THE COUNTY OF ESSEX.

Salem, eight hundred and fourteen pounds, .
Ipswitch, nine hundred and fifty pounds,
Newbury, six hundred ninety-eight pounds ten shillings
Marblehead, three hundred sixty-eight pounds,
Lynn, three hundred and thirty pounds,
Andover, three hundred and eleven pounds,
Beverly, two hundred sixty-one pounds,
Salisbury, one hundred and ninety pounds, .
Haverhill, two hundred pounds, ....
Glocester, one hundred ninety-two pounds ten shillings
Topsfield, one hundred and eighty pounds, •
Boxford, one hundred thii*ty-eight pounds ten shillings,
Weuham, one hundred twenty-eight pounds,
Amsbury, one hundred and ten pounds,
Bradford, one hundred and five pounds,
Manchester, forty-six pounds, ....
Rowley, two hundred and fifty pounds,

* NoTEa to 1704-5, resolves (a), (ft) and (c).

£4,200 05. Od.

320 0 0

440 0 0

346 10 0

312 0 0

242 0 0

235 10 0

195 0 0

143 0 0

80 10 0

77 10 0

73 10 0

60 0 0

814 0 0

950 0 0

698 10 0

368 0 0

330 0 0

311 0 0

261 0 0

190 0 0

200 0 0

192 10 0

180 0 0

138 10 0

128 0 0

110 0 0

105 0 0

46 0 0

250 0 0

568

Province Laws. — 1705-6.

[Chap. 3.]

IN THE COUNTY OF PLYMOUTH.

Plymouth, throe hundred pounds, .... £300 Os. Oc?.

Situate, four hundred pounds, 400 0 0

Bridgwater, two hundred thirty-six pounds ten shillings, 236 10 0

Marshfield, two hundred pounds ten shillings, . . 200 10 0

Duxburrough, one hundred and ninety pounds, . . 190 0 0

Middleboro, eighty-four pounds ten shillings, . . 84 10 0

IN THE COUNTY OF BRISTOL.

Bristol, two hundred and twenty pounds,

Taunton, three hundred and eighty pounds ten shillings,

Dartmouth, three hundred fifty-seven pounds,

Rehoboth, two hundred and sixty pounds, .

Little Compton, two hundred and sixty pounds, .

Swanzey, two hundred and fifty pounds,

Tiverton, one hundred sixty-five pounds,

Freetown, sixty pounds,

Attleboro, thirty-five poimds, ....

IN THE COUNTY OF MIDDLESEX.

Charlestown, five hundred and ninety pounds,
Cambridge, three hundred seventy-eight pounds ten

shillings, .

Watertown, four hundred and thirteen pounds ten

shillings, .......

Concord, three hundred and forty-six pounds,
Wobourne, three hundred and thirty pounds,
Readding, two hundred fifty-four pounds ten shillings,
Sudbury, two hundred forty-eight pounds, .
Marlboro, two hundred forty-six pounds ten shillings,
Newtown, one hundred and ninety pounds ten shilUngs
Maulden, one hundred eighty-six pounds,
Chelmsford, one hundred sixty-seven pounds,
Bilerica, one hundred fifty-seven pounds ten shillings,
Sherborne, one hundred thirty-nine pounds,
Groton, sixty-four pounds, .
Lancaster, forty-six pounds, .
Fi-amingham, eighty pounds,
Medford, seventy-four pounds ten shillings,
Stow, fifty pounds, ....

Dunstable, thirty-two pounds ten shillings,
Dracut, twenty pounds,

IN THE COUNTY OF HAMPSHIRE.

Springfield, two hundred seventy-two pounds,
Northampton, two hundred and twenty pounds ten

shillings, • •

Hadley, one hundred fifty-seven pounds ten shillings, .
Hatfield, one hundred thirty-six pounds ten shillings, .
Westfield, one hundred twenty-five pounds,

Sufiield, ninety pounds,

Enfield, seventy-seven pounds,

Deerfield,

IN THE COUNTY OP BARNSTABLE.

Barnstable, three hundred and sixty pounds,
Eastham, two hundred and sixty pounds,
Sandage, two hundred sixty-eight pounds ten shillings,
Tarmouth, one hundred ninety-nine pounds,

220 0 0

380 10 0

357 0 0

260 0 0

250 0 0

165 0 0

60 0 0

35 0 0

590 0 0

378 10 0

413 10 0

346 0 0

330 0 0

254 10 0

248 0 0

246 10 0

190 10 0

186 0 0

167 0 0

157 10 0

139 0 0

64 0 0

46 0 0

80 0 0

74 10 0

50 0 0

32 10 0

20 0 0

272 0 0

220 10 0

157 10 0

136 10 0

125 0 0

90 0 0

77 0 0

360 0 0

260 0 0

268 10 0

199 0 0

[1st Sess.] Province Laws. — 1705-6. 569

Harwich, one hundred pounds, £100 Os. Qd.

Rochester, seventy-three pounds ton shillings, . . 73 10 0
Falmouth, seventy-three pounds ten shillings, . . 73 10 0
Mananioit, sixty pounds ten shillings, . . . . 60 10 0

IN THE COUNTY OP YORKE.

Kittery, fifty pounds, 50 0 0

York,

Wells,

IN DUKES COUNTY.

Edgartown, one hundred and nine pounds, . . . 109 0 0
Chilmark, one hundred and one pounds, . . . 101 0 0
Tisbury, sixty-eight pounds, 68 0 0

Nantuckett, two hundred and ten pounds, . . . 210 0 0

And be it further enacted by the authority aforesaid,
[Sect. 2.] That the treasurer do forthwith send out his warrants,
directed to the selectmen or assessors of each town and district within
this province, requiring them, respectively, to assess the sum hereby set
upon such town or district, in manner following; vizt., to assess all
ratable male polls above the age of sixteen years, at ten shillings the
poll (except the governour and lieutenant-governour and their familys,
the president, fellows and students of Harvard Colledge, setled minis-
ters, grammer-school masters, and such who, through age, infirmity or
extream poverty, in the judgement of the assessors, are rendred unca-
pable to contribute towards publick charges), who are hereby exempted
as well from being taxed for their polls, as for their estates being in
their own hands and under their actual management and improvement,
and all estate, both real and personal, lying within the limits and bounds
of such town or district or next unto the same, not paying elsewhere,
in whose hand, tenure, occupation or possession soever the same is or
shall be found, and income by any trade or faculty which any person
or persons (except as before excepted), do or shall exercise, at one penny
on the pound ; and to abate or multiply the same, if need be, so as to
make up the sum hereby set and ordered for such town or district to
pay ; and, in makeing their assessment, to estimate houses and lands at
six years' income of the yearly rent, whereat they are or may reasona-
bly be sett, or lett for, in the places where they lye (saving all contracts
betwixt landlord and tenant, and where no such contract is the land-
lord to re-imburse the one-halfe of the tax set upon such houses and
lands) ; and to estimate Indian, negro and molatto servants propoi*-
tionably, as other personal estate, according to their sound judgement
and discretion ; also to estimate every ox of four years old and upwards,
at forty shillings ; every cow of three years old and upwards, at thirty
shillings ; every horse and mare of three years old and upwards, at
forty shillings ; every swine of one year old and upwards, at eight shil-
lings ; and every sheep of one year old and upwards, at four shillings ;
likewise requiring the assessors to make a fair list of the said assess-
ment, setting forth in distinct collumns against each particular person's
name, how much he or she is assessed at for polls, and how much for
houses and lands, and how much for personal estate and income by
trade or faculty ; and a list or lists so perfected and signed by them, or
the major part of them, to commit to the collector, constable or con-
stables of such town or district ; and to returne 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 himselfe, some-
time before the last day of August next.

570 Province Laws.— 1705-6. [Chap. 3.]

[Sect. 3.] And tlie treasurer for the time being, ujDon receipt of
such certificate is hereby impowred and ordered to issue forth his war-
rants, to the collectors, constable or constables of such town or district,
requiring him or them, respectively, to collect the one-halfe of each
respective sum, assessed on each particular person, at or before the last
day of November next ; and to pay in the same and issue the accompts
thereof at or before the said last of November ; and to collect the other
halfe of each particular person's assessment, and pay in the same into
the treasury, and issue the accompts of the whole, with himselfe, or the
treasurer for the time being, at or before the last day of May, which
will be in the year of our Lord one thousand seven hundred and six.
And he it further enacted hy the authority aforesaid,
[Sect. 4.] That the assessors of each town and district, respectively,
in convenient time before their makeing the assessment, shall give
seasonable warning to the inhabitants, in a town meeting, or by posting
up notification in some place or places in such town or district, or oth-
erwise to notify the inhabitants to give or bring in to the said assessors
true and perfect lists of their polls and ratable estate ; and if any per-
son or persons shall neglect or refuse so to do, or bring in a false list, it
shall be lawful, to and for the assessors to assess such person or persons
according to their known ability within such town, in their sound
judgement and discretion, their due proportion to this tax (as near as
they can), according to the rules herein given, annexing the penalty of
five shilHngs for each that shall and may be convicted of bringing in a
false bill ; and said fine shall be for the use of the poor in such town
or district where the delinquent lives. [Passed June 30 ; published
July 6.

[3d Sess.] Province Laws. — 1705-6. 571

ACTS

Passed at the Session begun and held at Boston,
ON THE Twenty-Fourth day of October, A.D. 1705.

CHAPTER 4.

AN ACT DIRECTING THE METHOD OF PAYMENT OF SOtTLDIERS.

Whereas a probationary act was made and passed in the second
year of her present majesty s reign, intituled "An Act relating to the 1703-4, chap. 7.
forces that are or shall be imployed in her majesty's service Avithin this
province," which act, being made temporary, hath been once continued
for a longer time, but is now near expiring ; and several of the powers
and directions therein contained being found necessary for her majesty's
service, and beneficial to her good subjects, to be practiced in this time
of war, with such further [and] additional clauses as in this present act
are contained,—

Be it therefore enxicted by His Excellency the Govemour^ Council and
Hejyresentatives in General Court assembled, and by the authority of the
satne,

[Sect. 1.] That the colonel or chief officer of every regiment, upon coiouei's duty
any draught of men out of his regiment, sliall, in his warrant for »p°" '^ ^'^^^ '^^
detachment, give directions to his captains or other officers to return to '"^°'
him a roll of their names, the day whereon they were detached, the
towns from whence, and who of them are sons under age, or servants,
which he shall cause to be delivered to the captain or commanding
officer whom they are to serve under ; that a certificate for their wages
may be formed accordingly, and made payable to their respective
parents or masters.

[Sect. 2.] That every captain or commanding officer of any com- captain's duty
pany, upon receiving of his company, shall make a fair muster roll of "^,'?"* muster-
all and every his underofficers and souldiers, with the day that each ^
entered into pay, and the names of their respective fathers or masters
(for sons under age and servants), and deliver the same to the commis-
sary, to be entered into his books ; and shall transmit another, of the
like, by his field-officer (if such there be), or by himself, to the captain-
general, or commander-in-chief, for the time being, and shall, in like
manner, transmit two foir muster rolls of his company, at the end of
each six months, from time to time, to the commissary-general, for the
time being ; the one to be examined by him, and laid before the goveni-
our and council, to be passed for payment, the other to remain in his
office. And every souldier at his dismission shall be allowed pay for so
many days as he may travel home from the place of his dismission, at
twenty miles a day travel.
And be it further enacted,

[Sect. 3.] That no commissary shall deliver any clothing or other commissary to
things to any underofficer, or private souldier, but only to the captain, deliver no

572

Province Laws. — 1705-6.

[Chap. 4.]

clothing but to
the captain.

Accounts of
wages to be
made up in
April and Octo-
ber.

Form of certif-
icate.

Wages of sons
or servants to
be payable to
their parents or
masters
Penalty for
cozenage or de-
ceit.

No command-
ing officer to
dismiss or ex-
change any sol-
diers but by
order, and to
take no fee
therefor.

Soldiers to be
dismissed in
one year's time.

or commanding officer of the company or party, for the supply of the
soulcliers serving micler him, as any shall have occasion, and he shall be
charged therewith at the prime cost, and no advance shall be made
upon what is supplyed to the souldiers, nor shall any commander sup-
ply any of his souldiers abroad with more than half of their wages.

[Sect. 4.] And all accompts of wages shall be made up and stated
twice a year ; viz., in the montlis of April and October, and be signed
by the captain or commanding officer of any company or party, and the
commissary, where such there is, otherwise by the captain, singly, and
by them transmitted to the commissary-general, to be examined, and
then laid before the governour and council, to be passed. And the
accompts of wages now due are to be made up to the last day of Octo-
ber, past ; and all accompts or muster rolls, being allowed by the gov-
ernour and council, and warrant made out thereupon to the treasurer
for payment, shall be delivered to the treasurer, who shall make out
certificates, according to such muster rolls, in the form following ; viz., —

The several persons hereunder named, of your town, served her majesty, under
the command of captain, or tlie space of weeks and days

herein mentioned, for which there rests due to each of them, over and above what
they have taken up of the commissary, the sum following ; viz., —

To A., pounds, shillings and pence.

To B., pounds, shillings and pence, &c.

In the whole, pounds, shillings and pence, as appears by the

muster rolls pass'd by the governour and council.

And you returning this certificate, endors'd by the several persons therein
named, it shall be accejjted in the treasury, at the sum of pounds,

shillings and pence therein express'd, or such part thereof for which you

shall shew an endorsement towards payment of the province taxes committed to
you to collect, with the same allowance and advance as if you had brought in so
much in the bills of credit on this province.

Dated in B., the day of , 170 .

To the constables or collectors of the town of

And such souldiers as are sons within age, or servants, their wages
shall be made payable to their fathers or masters respectively by name.

And he it further enacted,

[Sect. 5.] That if any captain, commanding officer or commissary
shall use or allow of any deceit or couzenage, by continuing the name
of any souldier upon the roll, that is discharged, dead, run, or turned
over to another company, or by entering him sooner than he ought to
be, as aforesaid, shall lose and forfeit the sura of fifty pounds, one
moiety to the informer, the other moiety towards the support of the
government.

[Sect. 6.] And no commanding officer of any company shall pre-
sume to dismiss or exchange any officer or souldier under his command,
without express order from the captain-general or commander-in-chief,
for the time being ; and upon receipt of an order directed to him for
the dismission of any officer or souldier, he shall not, directly or indi-
rectly, demand, take or receive any fee, payment, consideration, or
gratuity whatsoever, or the promise thereof, from any person whatso-
ever, for such dismission, upon the like penalty, and in the same manner
to be disposed of as aforesaid.

And, forasmuch as the forces of this province are generally of the
militia, and many of them apprentices, and servants to learn trades,
and the taking them oflf for any long time will be prejudicial to them,
for the obtaining thereof, as well as to their masters, —

[Sect. 7.] The captain-general, or commander-in-chief, for the time
being, is therefore desired that no souldier be continued in the service
for above one year before he be dismis'd ; that no captain or command-
ing officer of any company, or party, shall have above tAVO furlows or

[3d Sess.] Province Laws.— 1705-6. 573

passes, oat at one and the same time ; nor shall 2;rant a furlow or pass No captain to

i -I T r- .1 • \ J. 1 ■> J.- 1 ■£• i • have more than

to any souldier lor more than eight days time; and it any captain, or two furloughs
commandini; officer, shall presume to buy any soiildier's certificate or St"* ^'^ "^"?*'*

ii7^ -, r> ,-■ • ^ Ti 1 • •! 1 No captain to

pay, he shall lose and lorieit the whole sum therein contained, to be buyanysoi-
subducted out of his pay. or'pa/''"""'''"''

And be it further enacted^

[Sect. 8.] Tliat all commanding officers of marching or scouting Commanding
forces in her majesty's pay within this province, shall keej) a journal of fouruiUs.'' ^'^^
their daily proceedings, and once in two months, at least, transmit the
same to the commissary-general, in order the same be laid before the
captain-general or commander-in-chief for the time being, upon the
penalty and forfeiture of forty shillings for every such offence, to be
taken or subducted out of his wages.

And further it is enacted,

[Sect. 9.] That whosoever shall be convicted of stealing any gun ^^|°^'*y ^^^
belonging to this province, he shall forfeit and pay the sum of five |uns!°^ **
pounds, to be to the use of the government ; and whosoever shall
inform of and discover any person that hath stolen any such gun, so
that it be thereby recovered, shall receive the sum of twenty shillings
reward ; and any souldier that shall retain a province gun in his keep-
ing above one month after his dismission from the service, shall be
look'd upon to have stolen the same, and shall pay to the use of the
province the sura of five pounds.

[Sect. 10."| And no constable or collector shall, directly or indi- No constable,

l_ _J ^ ^ %/ &C« to (iGIIlflllQ

rectly, ask, take, or receive, of or from any souldier, any rebate, allow- or take any fee,
ance, fee or gratification whatsoever, to hasten his payment, or accept ^*'
the promise of any such, on pain of forfeiting the sum of five pounds
towards the support of the government : provided,

[Sect. 11.] This act shall continue in force until the end of the Proviso,
present war with France and Sj^ain, and not afterwards. [^Passed
November 30 ; indJlished December 6.

CHAPTER 5.

AN ACT FOR REGULATING THE ASSIZE OF CASK FOR TAR, PITCH, TURPEN-
TINE AND ROZIN, AND FOR PREVENTING FRAUDS AND DECEIT[S] IN THE
SAID COMMODITIES.

JBe it enacted by His Excellency the Governoiir, Council and Repre-
sentatives in General Court assembled, and by the authority of the same,

[Sect. 1.] That, from and after the last of March next, anno one Gauge of casks :
thousand seven hundred and six, all cask made for tar, pitch, turpen-
tine and rozin within this jDrovince, shall be of the gage and assize fol-
lowing ; that is to say, barrels for tar to be thirty-two gallons ; and half
barrels, sixteen gallons, and none under ; and cask for joitch, turpentine
and rozin to be of thirty-five gallons, and made of sound, well-seasoned
timber; and that each cooper shall set his distinct brand-mark on all — to be brand-
his cask so made for those commodities. marked.

[Sect. 2.] And that there be a fit person or persons nominated and Viewers and
appointed, annually, in all places where the said commodities are made fppofnted" ^^
or vended, to be gagers, viewers and surveyors of cask made for the
aforesaid commodities, and mark such as they find merchantable and of
due assize, for which service the cooper that imploys them shall pay —their fee.
sixteen-pence per ton for what they shall mark ; and the selectmen of
every town in this province, where such commodities are made or
vended, shall choose and appoint a fit person or persons, sometime
in the month of March, annually, not only for gaging the cask before

574

Province Laws. — 1705-6.

[Chap. 5.]

Gangers, &c.,
to attend the
service ;

—their fees;

—power to dis-
train.

Penalty on
coopers for
selling casks
unmarked.

Turpentine not
to be put up
without strain-
ing.

Tenalty for
fraud.

Court of ses-
sions of the
peace to ap-
point eurvey-
ors, gaugers
and searchers
in seaport
towns ;

—their fee ;

— to search
ships by war-
rant from the
igovernor.

they are filled, but for searching and proving them afterwards, and
marking such cask as they find merchantable with such mark as the
selectmen of the town shall appoint, which officers shall take the oath
appointed by this act, to be administred by such as do swear town
ofiicers in the respective towns.

And be it further enacted by the authority aforesaid^

[Sect. 3.] That the persons so appointed and sworn to be gagers,
surveyors and searchers of cask, tar, pitch, rozin and turpentine, shall,
fit all seasonable times, on due notice given them, attend and perform
the said service of gaging cask, and surveying and searching tar, pitch,
turpentine and rozin, by cleansing the tar of water, and filling it up
with good tar, and examining of the turpentine, by broaching it on the
head opposite to the bung, for the better discovery of dirt and chips,
and over-great bungs, and other frauds ; and also to see that rozin and
pitch be well made, and the cask well filled, and without deceit, after
the best manner that may be, and to mark such cask of the aforesaid
commodities as they find merchantable, with the mark appointed for
each town ; for which service the officer shall receive two shillings per
ton, for such cask of tar, pitch, rozin and turpentine as he shall so
examine and mark, besides threepence per mile for travel above one
mile. And if the owner of the aforesaid commodities, or maker of the
cask that are marked, refuse to satisfy the officer for his fees aforemen-
tioned, he shall have power to detain so much of the commodity as
will make him satisfiiction for his fees and travel aforesaid ; and if the
owner do not redeem it within twenty-four hours, then to expose it to
sale, and out of the proceeds to satisfy himself, his fees and charges,
returning the overplus (if any be) to the owner.

Arid be it further enacted by the authority aforesaid^

[Sect. 4.] That if any cooi^er shall expose any cask for the afore-
mentioned commodities to sale, without his own and the gager's marks,
all such unmark'd cask shall be forfeited.

[Sect. 5.] And if any person shall put up turpentine into any cask
of the aforesaid gage, without straining out the chips and bark (as much
as may be), he shall forfeit every barrel of turpentine so filled.

[Sect. 6.] And if any person shall be convicted of useing any
frauds or deceit in putting up or fillmg any cask with tar, pitch, rozin
or turpentine, he shall pay a fine of twenty shillings for each cask of
any of the aforesaid commodities in which any fraud shall be discovered,
or be publickly whi2:)t, as the court of general sessions of the peace,
that shall have the cognizance thereof, shall determine, and pay the
charge of prosecution ; and the aforementioned commodities in which
the deceit shall be found shall be forfeited.

And be it further enacted^

[Sect. 7.] That in each seaport town within this province, where
the aforesaid commodities (or any of them) are usually shipt to go be-
yond sea, the court of general sessions of the peace, in each county,
respectively, wherein such seaport lies, shall, at their first session in the
spring, annually, nominate and appoint one or more suitable persons to
be surveyors, gagers and searchers of tar, pitch, turpentine or rozin,
which oflScer shall, when he is desired, view, gage and search all such
casks of the aforesaid commodities as shall be presented to his view,
and mark each cask that he finds merchantable on the f[ea][ai]rest
head, with such mark as the sessions of peace shall appoint, for which
service they shall be paid by the shipper twopence for each cask so
marked ; and the said officers shall be sworn by the sessions that ap-
pointed them, to the faithful discharge of their oflfice, or by two justices
of the peace ; and every such surveyor is hereby impowred, by and with
a general warrant, to be made out for that purpose by the governour
and vice-admiral for the time being, to search all ships and other vessels

[3d Sess.] Province Laws.— 1705-6. 575

wherein he shall be informed or suspect that any tar, pitch or rozin is
shipped contrary to this act.

And it is further enacted^

[Sect. 8.] That no cask of tar, pitch, rozin or turpentine shall be Casks to be
exported without marking as the law directs ; and if any master of any ^^ppl^g'^^^*'''^
ship or vessel, or any other person belonging thereto, shall take or re-
ceive on board any such ship or vessel any tar, pitch, roziu or tui-jDcntine neglect
not so marked, he or they who shall oiFcnd therein, and be convicted
thereof, shall foi-feit five shillings for each unmarked cask so taken on
board contrary to law, and pay the costs of prosecution, over and above
the forfeiture of the goods so unduely shipped.

And it is further enacted by the authority aforesaid,

[Sect. 9.] That all fines, penalties and forfeitures, arising by force Fines and for-
and virtue of this act, shall be one-half to the use of the poor of the beSos^ed? ^°
town where the oflence shall be discovered, and the other half to him
or them that shall inform and sue for the same in any of her majesty's
courts of record within this province.

And he it further enacted,

[Sect. 10.] That an oath shall be administred to the officers that
shall be chosen to gage, survey and search tar, pitch, rozin and tm-pen-
tiue, in the form following ; viz., —

You swear, diligently and faithfully to intend the office of Oath,

that you are appointed unto, within the town of , and to discharge the

duty and trust thereby required of you impartially after your best skill and cun-
ning according to law. So help you God.

Any law, usage or custom to the contraiy notwithstanding. [^Passed
November 20.

CHAPTER 6.

AN ACT IN ADDITION TO THE ACT FOR DUE REGULATION OF WEIGHTS

AND MEASURES.

J3e it enacted by Sis Excellency the Governour, Council and Mep-
resentatives in General Court assembled, and by the authority of the
same,

[Sect. 1.] That the sealer appointed to each town within this prov- Sealer, his duty
ince from time to time, as by the act intituled " An Act for due regula- i692-3,^chap. 30.
tion of weights and measures " is directed, shall be and is hereby im-
powred to go to the houses of such of the inhabitants as, upon warning
given in manner as by the said act is appointed, shall neglect to bring
or send in their beams, w^eights and measures, to be proved and sealed,
at the place assigned for that purpose ; and shall there prove and seal
the same, and shall demand and receive of the owner, for every beam,
weight and measure proved and sealed, twopence, and no more. And Penalty on per-
every person that shall refuse to have their beams, weights and meas- haveTifefr"^ ^
ures viewed, proved and sealed, shall forfeit the sum of five shillings ; weights and
one moiety thereof to the use of the poor of the town, and the other ^^ld.'^^
moiety to the sealer, to be recovered in manner as by the aforesaid act
is provided. And if any person shall bring his beam, weights, or meas-
ures, to be proved and sealed at any other time than on the day or days
set by the sealer for that purpose, he shall, in like manner, pay two-
pence for each that shall be tryed and sealed.

And be it further enacted by the authority aforesaid,

[Sect. 2.] That if any person from and after the first day of May, Penalty for
one thousand seven hundred and six, shall sell, vend, or utter any ^eam^of^*^

576

Province Laws. — 1705-6.

[Chap. 7.]

weights un-
sealed.

Beams, scales
and nest of
Troy weights to
be provided by
the treasurer.

Towns to be
provided with a
nest of Troy
weights.

Penalty for
neglect.

None to weigh
silver or bul-
lion, &c., by
any other
weights.

Towns' stand-
ards to be
proved once in
ten years by
the public
standard and to
be marked.

Sealer to go to
merchants'
houses, &c.

goodS) wares, merchaudizes, grain or other commodities Avhatsoever, by
other beams, weights or measures tlian such as shall be proved and
sealed as the law requires, the person so oiFending shall lose and forfeit
the sum of five shillings for each oflfence of that kind ; one moiety there-
of to the use of the poor of the town where the offence shall be com-
mitted, and the other moiety to the sealer, or informer who shall pi'ose-
cute the same ; to be heard and determined by one or more of her
majesty's justices of the peace.

And be it further enacted by the authority aforesaid^
[Sect. 3.] That there be provided, by the treasurer of this province,
a good beam and scales, and a nest of Troy weights from one hundred
twenty-eight ounces, downward, to the least denomination, marked with
the mark or stamj? used in her majesty's exchequer for a publick stand-
ard. And that, from and after the first day of October, one thousand
seven hundred and six, each town within this province shall, at their
own cost, and by the care of the selectmen or town treasurer, be pro-
vided with a nest of Troy weights, of a diflTerent form from averdupoize,
the biggest not to be less than eight ounces ; as also pennyweights and
grains, proved by the publick standard, each to be marked the number
of ounces, 2)ennyweight or grains Avhich it contains, — to be for their
town standards ; — on penalty of forfeiting the sum of five pounds, to
the use of the county in Avbich any town lyes that shall neglect to be
so i^rovided : by which all Troy weights within such town shall be
proved and sealed by the sealer thereto appointed, who shall be paid
after the rate of a farthing per weight for every such weight which he
shall prove and seal. And if any person shall presume to weigh any
silver, bullion or other species whatsoever, proper and used to be
weighed by Troy weights, by any other Aveights, or by any beam or
Troy weights not proved and sealed as aforesaid, the jDerson so offend-
ing shall forfeit the sum of five shillings, to be recovered and disposed
of in manner as is herein before provided for selling by other weights
and measures unsealed.

And be it further enacted by the authority aforesaid,
[Sect. 4.] That all beams, weights and measures kept for standards
in the several towns shall be proved and tryed by the publick standard
at the end of ten years, from time to time. And all town standards .
shall be stampt with this mark ; viz., — NE. : any law, usage or custom
to the contrary notwithstanding.
And be it further declared,

[Sect. 5.] That the sealer is hereby enjoyned and required to go to
the houses or storehouses of merchants, and others that usually weigh
with great beams and weights, and there prove and seal the same ;
for which he shall be paid by the owner of such beam and weights his
reasonable charge of carrying the standards, and eightpence per hour
for his time in attending that service, over and above the fee herein-
before appointed. \JPassed November 30.

CHAPTEH 7.

AN ACT IN ADDITION TO AND EXPLANATION OF THE ACT RELATING TO
SURETIES UPON MEAN PROCESS IN CIVIL ACTIONS.

Principal to be
rendered in
court before

Be it enacted by Sis Excellency the Governour, Council and Rep-
resentatives in General Court assembled, and by the authority of the
same,

[Sect. 1.] That, upon special bail given in any civil action, accord-
ing as is set forth in the act intituled " An Act relating to sureties upon

[3d Sess.] Province Laws.— 1705-6. 577

mean process in civil actions," it shall be lawful for the surety or sure- judgment

ties, at any time or times before the judgment given in such cause be ^dre/acms?^

affirmed against such surety or sureties, upon a, yvritt of scire Jucias, g^Mass^'lsT'^'

brought as by the said act is provided, to bring the principal into court,

and move to be discharged ; and the court, upon such motion made,

shall order the principal to be taken into custody of the sheriff, who

shall detain him by the space of thirty days, that so the creditor by

that time may take his body in execution if he think fit ; and in case he

be not served with execution before the expiration of the said thirty

days, the sheriff, at the end thereof, shall release him upon the payment

of his prison charges. And the sureties, from and after the rendring Sureties dis-

of the })rincipal in court as aforesaid, and then paying to the creditor rendering the

the cost he has been at for bringing forward his suit by scire facias, to pacing of costs.

be adjusted in court, shall be discharged from their suretyship, in like

manner as if they had rcndred the principal in court at the time of

entring up of the judgment, as is before provided, any law, usage or

custom to the contrary notwithstanding.

For the more equal and impartial administration of justice, —

£e it declared and enacted,

[Sect. 2.] That no justice of the superiour, or of any inferiour No justice of
court of pleas, within this province, shall have a voice in judging or be a^dge or ^
determining of any civil action which has before been heard and deter- attorney in any

C3.SC QGLGr*

mined by him singly, as a justice of peace, and his judgment appealed mined by Mm
from ; nor shall he be admitted an attouruey to plead or defend any ^j^^^'^^ °^
such cause. \^Passed December 1.

CHAPTER 8.

AN ACT TO PREVENT FRAUD IN CORD-WOOD EXPOSED TO SALE.

JBe it enacted by His Excellency the Governour, Council and Hep-
resentatives in General Court assembled, and by the authority of the
saine,

[Sect. 1.] That all cord-wood exposed to sale shall be four foot Measure of a
long, accounting to half the carf ; and the cord, being well and close *^°' ° ^^'^
laid together, shall measure eight feet in length, and four feet in height.

[Sect. 2.] And, in every town and district within [the] [this'] J^be*^appo1n"ed
province, where Avood is usually sold by the cord, the selectmen shall, and sworn;
annually, nominate and appoint some meet persons to be wood-corders,
who shall be sworn, in like manner as other town officers, to the faithful
discharge of their office, and shall diligently attend that service, and —fee,
demand and receive threejDence, and no more, per cord, for all wood
that shall be corded by them. {Passed November 29.

CHAPTER 9.

AN ACT AGAINST BURNING OF HOUSES.

Be it declared and enacted by His Excellency the Governour, Council
and Representatives in General Court assembled, and by the authority
of the same.

That if any person of the age of sixteen years and upwards shall Burning of
willingly and maliciously, by day or night, burn the dwelling-house of claI■ed^o%e fei
another, or other house, parcel thereof, or any house built for publick °°y-

578 Pboyince Laws.— 1705-6. [Chap. 10.]

use, any barn having com, grain or hay therein, any mill, malt-house,
store-house, shop or ship, the person so offending, as aforesaid, shall be
deemed and adjudged to be a felon, and shall suiBTer the pains of death
accordingly. [Passed November 23.

CHAPTER 10.

AN ACT FOR THE BETTER PREVENTING OF A SPURIOUS AND MIXT

ISSUE, [ic.-]

Be it enacted by Sis Excellency the Governour, Council and Mepre-
sentatives in General Court assembled, and by the authority of the same.
Penalty for a [Sect. 1.] That if any negro or molatto man shall commit fornica-
te mancommlt- tion with an English woman, or a woman of any other Christian nation
ting fornication within this province, both the offenders shall be severely whip'd, at the
Uan woman." discretion of the justices of assize, or court of general sessions of the
peace within the county where the offence shall be committed ; and the
man shall be ordered to be sold out of the province, and be accordingly
sent away, within the space of six months next after such order made,
and be continued in prison, at his master's charge, until he be sent
away; and the woman shall be enjoyned to maintain the child (if any
there be) at her own charge ; and \£ she be unable so to do, she shall
be disposed of in service to some of her majesty's subjects within the
province, for such term as the justices of the said court shall order, for
the maintenance of the child.
Penalty for a [Sect. 2.] And if any EngUshman, or man of other Christian nation
commiuhig*" within this province, shall commit fornication with a negro, or molatto
fornication woman, the man so offending shall be severely whip'd, at the discretion
muiat^o!^^'^" ^'^ of the justices of the court of assize, or court of general sessions of the
peace, before whom the conviction shall be ; and shall also pay a fine of
five pounds to her majesty, for and towards the support of the govern-
ment, and be enjoyn'd to maintain the child, if any there be. And the
woman shall be sold, and be sent out of the province as aforesaid.
Penalty for a [Sect. 3.] And if any negro or molatto shall presume to smite or

toftrikin^a!^*' strike any person of the English or other Christian nation, such negro
Christian. or molatto shall be severely whip'd, at the discretion of the justices
before whom the offender shall be convicted.

And be it further declared and enacted by the authority aforesaid.
No Christian to [Sect. 4.] That none of her majesty's Enghsh or Scottish subjects,
negro or^mulat- ^^^ ^f any other Christian nation within this province, shall contract
to- matrimony with any negro or molatto; nor shall any person duely

Penalty for authorized to solemnize marriages presume to joyn any such in mar-
s'uch m mar- riagc, on pain of forfeiting the sum of fifty pounds, one moiety thereof
riage. to her majesty for and towards the support of the government within

this province, and the other moiety to him or them that shall inform
and sue for the same in any of her majesty's courts of record within the
province, by bill, plaint or information.
Negroes may [Sect. 5.] And no master shall unreasonably deny marriage to his

those^of '/heir "cgro with ouc of the samc nation, any law, usage or custom to the
own nation. contrary notwithstanding.

And be it further enacted by the authority aforesaid,

All negroes im- [Sect. 6.] That from and after the first day of May in the year one

tered and duty thousand seven hundred and six, every master of ship or vessel, mer-

paid. chant or other person, importing or bringing into this province any

*^' * negro or negro's, male or female, of what age soever, shall enter their

number, names and sex in the impost ofiice ; and the master shall insert

the same in the manifest of his lading, and shall pay to the commis-

[3d Sess.] Province Laws.— 1705-6. 579

sioner and receiver of the impost four pounds per head for every such
negro, male or female; and as well the master, as the ship or vessel Master and ship
wherein they are brought, shall be security for payment of the said for the duty,
duty, and both or either of them shall stand charged, in the law, there-
fore to the commissioner, who may deny to grant a clearing for such
ship or vessel until payment be made, or may recover the same of the
master, (at the commissioner's election), by action of debt, bill, plaint
or information, in any of her majesty's courts of record within this
province.

[Sect. 7.] And if any master of ship or vessel, merchant or others, Penalty for not
shall refuse or neglect to make entry, as aforesaid, of all negro's |?oe"°* ° °^
imported in such ship or vessel, or be convicted of not entring the full
number, such master, merchant or other person shall forfeit and pay the
sum of eight pounds for every one that he shall refuse or neglect to
make entry ofj one moiety thereof to her majesty, for and towards
the support of the government of this province, and the other moiety
to him or them that shall inform of the same, to be recovered by the
commissioner in manner as aforesaid.

[Sect. 8.] And if any negro, imported as aforesaid, for whom the Drawbacfcnpoa
duty is paid, shall be again exported within the space of twelve months, |^PO'^**i<>°»
and be bona fide sold in any other plantation, upon due certificate
thereof produced, under the hand and seal of the collector, or naval
officer, in such other plantation, the importer here shall be allowed to
draw back the whole duty of four pounds by him paid, and order shall
be given accordingly. And the like advantage of the drawback shall
be allowed to the purchaser of any negro sold within this province, in
case such negro happen to dye within the space of six weeks next after
importation, or bringing into this province. \_Passed December 5.

Notes. — Of the four sessions held this year, acts were passed at the first and third only. The
engrossments of all these acts are preserved, and all were printed except chapter 3 and a
private act bearing the following title; viz., —

"An Act to Dissolve a Judgeni' of the Inferiour Court of Common Pleas within the County of
Essex, In the Case of Erasmus James vs. Robert Bartlett & others." — \Apprmtd Nm. 16.

For proceedings of the Board of Trade upon the acts of this year, see notes to 1700-1 and
1701-2, ante.

Chap. 3. " I have pursued the affair of the weight of money, in obedience to Her Majesty's
most gracious commands and that matter is thus : Seven j'ears since there was a LaAV of this
Province allowed of by the late King, that all pieces of eight of seventeen peny weight should
pass for six shillings, and pretty well observed; So that I thought I had little to do only in obe-
dience to Her Majesty's proclamation to add the half penny; and accordingly, at the next ime-
diate Session, the General Assembly agreed to the publication of Her Majesty's order, and their
own affirmance of it in this Province unto the next General Assembly which sate in Maj' last,
when I expected and accordingly directed, in my Speech whereof a Copy is inclosed, That they
would proceed to inforce Her Majesty's commands by adding just and severe penalties to any
hereafter offering dipt money, or other light money by tale; but could not obtain so much as a
Committee upon that affair till I would leave out the word Penalties, whereby I perceived
plainly the Representatives minds were altered, which they soon further declared in sending up
their Vote to pay the tax of twenty two thousand pounds, in silver at eight shillings the ounce,
which is scarce fifteen peny weight for six shillings; and this they insisted upon for five weeks
sitting, but I would not accept it so and refused their Votes peremptoril}' and have gotten the
tax upon the old usage of seventeen penny weight, but nothing at all done to inforce the Proc-
lamation, nor any penalty, and thereby the Country will be emboldened to use their late way
of payment at fifteen penny, though I shall take care that the Court and ofiRcers of Receipt
keep steady and allow of no legal payment but of due weight.

***********

Boston 25th July, 1705. J. Dudley."

— Letter to Lords of Trade.

" We observe what you write about the proceedings of the Assembly in relation to her
Majesty's Proclamation for settling the rate of foreign coins in the Plantations, and have rep-
resented the same to her Jlajesty. You will do well to continue 5'our endeavours to convince
them of the necessity of complying with her Majesty's pleasure therein. Her Majesty's care
in that matter is a great instance of her goodness, and her desire of the welfare of her subjects,
which will evidently appear unto them if they reflect that most contracts and bargains have
tlieir original from a demand of money, and must terminate in payment; That silver is the
standard in proportion to its weight and fineness; That if adulterated coins be permitted to pass
as the standard (above their intrinsic value) or be alterable at pleasure, it must have the same
effect as a general allowance of false weights and measures, the consequence of which is deceit
and confusion.

580 Province Laws.— 1705-6. [Notes.]

You are further to represent to the Assembly that there lies a particular obligation on them
to enforce a due obedience to her Majesty's commands herein, For that tiie regulation of the
Kates at which Foreign Coins are to pass was calculated from a Law of their own.

You may likewise acquaint the Assembly that it is absolutelj' necessary to settle a true and
uniform standard, in order to prevent clipping and coining and other deceits in Trade by crafty
and designing men, by w'"" means fair and honest dealings will be settled among yourselves
and with j'our Neighbours, and Trade established upon a solid foundation, agreeable to equity
and justice. The particular interests of some designing men ought not to over-ballauce these
considerations." — Lttter of Lords of Trade to Dudley, Feb. 4, 1705-G.

Chap. 4. " November G"" 1705. Ordered that M"' Commissary General, Samuel Patridge
and Samuel Appleton Esq" be a Committee to revise the Act entitulcd An Act relating to the
Forces that are or shall be employed in her Majesties Service within this Province, AV'''' will ex-
pire with tlie Ending of this Session, And to Consider what Clauses thereof may be proper to
be revived & others necessary to be added, & to prepare & bring in a Bill accordingly, And to
join with such of the Representatives as shall be named for that Afiair." — Council Records,
vol. VIII., p. 172.

Chap. 10. " — We take notice that you say the Assembly of the Massachusetts Bay have, by
an Act passed about three years ago, laid a duty of £4 : per head on Negroes. You ought to
have acquainted us with the j-ear the said Act was past in, & have given us the title of the
Act, for we can find none such among those we have, and therefore we expect that you transmit
it to us by the first opportunit}'.

One of the reasons you give why Negroes are not desired in New England is, because it being
on the Continent the Negroes have thereby an opportunity of running away: The same reason
will hold in Carolina, Virginia and Maryland, which are also upon the Continent, where
Negroes are so valuable." — Letter of Lords of Trade to Gov. Dudley, Jan. 12, 1708-9.

" The Act referring to a duty upon Negroes imported, is a Clause in an Act entitled An Act
to prevent a spurious issue, brought in upon several complaints that several Negroes had lain
with white women ****** and tliough the reason that I formerly assigned of Negroes
running from us seems to be equal witli Carolina and other Colony's, the" force of it continues,
because they will always run to the Southward for warmer weather, and as the cold is disagree-
able to them, so it demands of the master much more cloathing, and gives him much less service,
for six months in the year." — Dudley's Letter in reply to the above, Jan. 31, 1709-10.

" Whitehall, May the 24* 1710. — Their Lordships took into consideration an Act passed in
the Massachusetts Bay. in October, 1705, entitled An Act for the better jirere/itinr/ a spurious
and mixt issue mGnt'ioned in Colonel Dudlej-'s letter of the 31'' of Januar}' last, and read the
20"' of April last, And Agreed to let the said Act remain as probationary for some time longer."
— Trade papers (Journals) in Pub. Rec. Office, vol. lb. p. 454.

" June 2°'', 1718. A Committee having been appointed b}' the Governour & Council to con-
sider of some fit Expedients for the Raising the Value of the Bills of Credit of this Province &
Recovering the Trade out of its present Decaj', reported the following Expedients.

Fourthly, That the Importation of W^hite Servants be encouraged. Si that the Importation of
Black Servants be discouraged." — Council Records, vol. X.,pp. 259, 2G0.

The following resolves are referred to in subsequent acts, and are therefore inserted, under
the year of their passage : —

(a.) "June 30, 1705. The following Resolve, pass'd in the House of Representatives, Was
Read & Concur'd; Viz., —

Resola^ed that the Sum of Five Thousand Pounds of Bills of publick Credit on this Prov-
ince be further Imprinted & sign'd, by the Committee that sign'd the last Bills, as soon as may
be, Who shall be rewarded for their" Service after the Rate they were for the Bills they last
made, W""" Sum aforesaid thej' are to make upon the Plate which contains forty Shilling,
twenty Shilling, ten Shilling & five Shilling Bills, & deliver the same to the Treasurer, taking
his Receipt.

That the Treasurer be & hereby is Ordered & Impowered to Issue forth & Emit the said Bills,
together with Five Thousand Pounds more of the Bills which are or shall be received into the
Treasury, towards Payment of the publick Debts of the Province, already contracted & the
further growing Charge for the Defence thereof; for Supplj'ing & Subsisting of the Province
Galley, Forts, Garrisons & Forces raised & to be raised & employed within the same, & Wages
arising for their Service ; for Payment of Grants, Salaries, & Allowances made & to be made by
this Court; for Support of the Government of this Province, & Answering of the incident and
contingent (Charges thereof, according to such Draughts as from Time to Time shall be made
upon him by Warrant or Order of the Governour, by & with the Advice & Consent of the
Council, And the said Bills shall pass out of the Treasury, at the Value therein express'd, equiv-
alent to Money, and shall be taken & Accepted in all publick Paj'ments at the Advance & after
the Rate of Five Pounds per Cent more; And that the Duties of Impost & Excise shall be a
Fund & Security for the Repayment & Drawing in of the said Bills to the Treasury again, so
far as that will reach.

And, as a further Fund & Security for the same, & for Defraying of the further necessary
growing Charge of the Province, the Defence of her Majesties Subjects & Interests within the
same, & Support of the Government thereof. There be & hereby is granted unto her most
Excellent IMajesty, to the Ends & Uses aforesaid, a Tax of Ten Thousand Pounds upon Polls, &
Estates both Real & Personal, within this Province, according to such Rules & in such Propor-
tion, upon the several Towns Sc Districts within the same, as shall be Agreed on and Ordered
by the Great & General Court or Assembly of this Province at their Session beginning in May
next, and paid unto the Treasurer on or before the last Day of May, in the Year of our Lord
God One Thous'' seven Hundred & seven.
— Council Records, vol. VJIL, pp. 151-2. Consented to: J.Dudley."

* ForDrevious correspondence and other facts bearing upon this subject, see Appendix.

[Notes.] Province Laws. — 1705-6. 581

(b.) "Dec 3* 1705. The following Resolve pass'd in the House of Representatives; viz., —

Kesolved that the Treasurer be & hereby is Ordered & Impowered to Issue forth & Emit
the Sum of Eight Thousand Pounds in the Hills of publick Credit on this Province that are or
shall be received into the Treasury, towards Payment of the publick Debts of the Province
already contracted, & the further growing Charge for the Defence thereof; for Supplying & Sub-
sisting of the Province Galley, Forts, Garrisons & Forces raised & to be raised & Imployed
within the same, & Wages arising for their Service; for Payment of Grants, Salaries and Allow-
ances, made & to be made by this Court; for Support of the Government of this Province &
Answering the incident & contingent Charges thereof, according to such Draughts as from Time
to Time shall be made upon him by Warrant or Order of the Governour, by & with the Advice
& Consent of the Council; and tlie said Bills shall pass out of the Treasury, at the Value thereon
express'd, equivalent to Money; And shall be taken & Accepted in all publick Payments at the
Advance & after the Rate of Five Pounds per Centum more; And that the Duties of Impost &
Excise shall be a Fund & Security for the Repayment & Drawing in of the said Bills to the
Treasur}' again, so far as that will reach.

And, as a further Fund & Security' for the same, & for Paying of Certificates for Soldiers'
Wages, and for Defraying the further necessary growing Charge of the Province, the Defence
of her Majestie's Subjects & Interests within the same, & Support of the Government thereof,
There be & hereby is granted to her most Excellent Majesty, to the Ends & Uses aforesaid, a
Tax of Ten Thousand Pounds; Four Thousand Pounds thereof to be levied on Polls, & Estates
both Real & Personal, wilhin this Province, according to such Rules & in such Proportion, upon
the several Towns & Districts within the same, as shall be Agreed on & Ordered by the Great
& General Court or Assembly of this Province, at their Session beginning in May next, & paid
unto the Treasurer on or before the last Day of November next after; And Six Thousand
Pounds more, the Remainder of the said Sum of Ten Thousand Pounds, to be levied as aforesaid
at the Session of this Court to begin in May, Anno One Thousand seven Hundred & seven, & to
be paid in to the Treasurer before the last Day of November in the said Year.

W'"" Resolve being Read at the Board, was Concur'd;

And is Consented to : J. Dudley."
—Ibid., pp. 187-8.

(c.) " April 12"', 1706. The following Resolve, pass'd in the House of Representatives, was
sent up for Concurrance; Viz., —

Resolved that the Treasurer be & hereby is Ordered & Impowered to issue forth & Emit the
Sum of Four Thousand Pounds of Bills of publick Credit on this Province which are or shall be
received into the Treasury, towards Payment of the publick Debts of the Province already con-
tracted & the further growing Charge for the Defence thereof; for Supplying & Subsisting the
Province Galley, Forts, Garrisons & Forces, raised & to be raised & employed within the same,
& Wages arising for their Service; For Payment of Grants Salaries & Allowances made & to be
made by this Court; For Support of the Government of this Province & Answering the incident
& contingent Charges thereof, according to such Draughts as from Time to Time shall be made
upon him by Warrant or Order of the Governour, by & with the Advice & Consent of the
Council, And the said Bills shall pass out of the Treasury at the Value therein express'd equiv-
alent to Money, And shall be taken & Accepted in all publick Paj'ments at the advance & after
the Rate of Five Pounds per Cent more; —

And that the Duties of Impost & Excise shall be a fund & Security for the Repayment &
Drawing in of the said Bills into the Treasurj' again, so far as that will reach. And what shall
fall short shall be supplyed by a Tax on Polls & Estates, at the next Session of this Court.

W""" Resolve, being Read at the Board pass'd a Concurrence.

Consented to: J. Dcdlet."
—Ibid., p. 196.

ACTS,

Passed 1706—7.

[583]

ACTS

Passed at the Session begun and held at Boston,
ON the Twenty-Ninth day of May, A.D. 1706.

CHAPTER 1.

AN ACT FOR REVIVING AND FURTHER CONTINUING OF SEVERAL ACTS
THEREIN MENTIONED THAT ARE NEAR EXPIRING.

Whekeas the act entituled " An Act to prevent the deserting of the
frontiers of this province," made and pass'd in the twelfth year of the
reign of his late majesty King William the Third ; the paragraph, in
addition to the act for levying souldiers, contained in an act intituled
" An Act for further continuing of several acts therein mentioned that
are near expiring," made and passed in the thirteenth year of his said
majesty's reign; the act entituled "An Act granting unto her majesty
an excise upon wines, liquors and strong drink sold by retail ; " the act
intituled "An Act granting unto her majesty several rates and duties
of impost and tunage of shipping ; " both made and pass'd in the second
year of her present majesty's reign ; and the act intituled "An Act for
punishing of officers and souldiers retained in her majestie's service and
under pay," pass'd in the third year of her present majesty's reign,
were made temporary, and by their respective limitations are now near
expiring, but thought necessary to be continued for a further and
longer time, —

£e it therefore declared and eiiacted by Sis Excellency the Gov-
ernoicr. Council and Hejjresentatives in General Court assembled, and
by the authority of the same,

[Sect. 1.] That the several acts above enumerated ; that is to say,
the "Act to prevent the deserting of the frontiers of this province;" 1099-1-00,011.22.
the paragraph in addition to the act for levying souldiers, contained in 1701-2, chap. 14
the act of continuation above mentioned ; the " Act granting unto her 1703-4, chap. 5.
majesty an excise upon wines, liquors and strong drink sold by retail ; "
the "Act for granting unto her majesty several rates and duties of im- 1703-4, chap. 4.
post and tunage of shipping ; " the " Act for punishing of officers and 1704-5, chap. 7.
souldiers retained in her majesty's service and under pay ; " and the
act intituled "An Act of continuation of several acts therein mentioned 1704-5, chap. 0.
that are near expiring," pass'd in the third year of her present majesty's
reign ; and all and singular the paragraphs, clauses, articles, directions,
powers, penalties, forfeitures, references, matters and things in the said
several acts and every of them respectively contained, be and hereby
are revived and further continued in force, and accordingly to be prac-
tised, exercised and put in execution until the twenty-ninth day of
June, which will be in the year of our Lord one thousand seven hun-
dred and seven, any proviso or limitation in the said acts or any of
them notwithstanding, and not afterwards.

586

Peovince Laws. — 1706-7.

[Chap. 2.]

Persons to
abide at the
garrisons
where they are
placed.

Penalty for de-
serting.

Persons to car-
ry their arms
when they go to
the public wor-
ship, and when
they go abroad
to work.

Tonnage to be
paid in powder.

Tonnage to be
paid for such
parts of ships,
&c., only as are
owned by per-
sons not living
iathe province.

And be it further enacted by the authority aforesaid.,
[Sect. 2.] That, during the time of the present war, all persons with
their families, shall abide at the particular garrisons that have been or
shall be allowed by his excellency, or the commander-in-chief, whereto
they are orderly assigned, in the towns respectively where they dwell,
by the military commission-officers and the selectmen of the town,
unless removed or placed elsewhere by their direction or appointment ;
and no person capable of bearing arms, being placed as aforesaid in any
garison erected by the order or allowance of the captain-general or
commander-in-chief, shall desert the same, on pain of forfeiting the sum
of five pounds, ten pounds, or other sum not exceeding twenty pounds,
to and for the support of the government of this province, to be set by
the justices of the peace within the county in their session, upon com-
plaint of the commander of the garison.

[Sect. 3.] And that all male persons in the frontiers capable of
bearing arms, shall carry their aims with them and be Avell provided
for their defence when they go to the publick worship on the Lord's
day, or other times, and also when they go abroad to work, on pain of
forfeiting five shillings for each neglect, to be to the use of the town
towards the procuring of arms or ammunition.

And it is further enacted by the authority aforesaid,
[Sect. 4.] That for and during the continuance of the present war
with France, the duty of tunnage of shipping shall be paid in good
new gunpowder, and in no other specie, any law, usage or custom to
the contrary notwithstanding. And the commissioner and receiver is
hereby impowred to demand and require payment of the said duty
accordingly.

[Sect. 5.] And the said duty of tunnage of shipping shall be paid,
onely for such part of any ship or vessel as is owned by any person or
persons living out of this province, and not for such part as is owned
by any person or persons inhabiting within the same, or in any part or
place particularly excepted in and by the act hereby revived. And the
commissioner is hereby impowred, when and so often as he shall appre-
hend it needful, to examine upon oath the master of any ship or vessel,
concerning the owners thereof [Passed and ^published June 28.

CHAPTER 2.

AN ACT FOR BETTER SECURING THE PAYMENT OF PRISON CHARGES.

Whereas persons are ofttimes arrested and imprisoned for debt, or
pretence thereof, not having wherewith to pay their prison charges, and
the goaler or prison-keeper is constrained to feed and support them at
his own charge, to his gi-eat loss ; for prevention Avhereof, —

Be it enacted by Sis Excellency the Governour, Council and Repre-
sentatives in General Court assembled^ and by the authority of the same.

That if any attourney, practitioner in the law, or othei's shall cause
any person to be arrested and imprison'd upon mean process, for debt,
or pretence thereof, and the pi'isoner be unable, or have not wherewith
to pay his prison charges, the person at whose suit he is committed, his
attourney or lawyer that took out and caused such writt to be sei'ved,
in case the principal be out of this province or government, shall stand
charged for the prisoner's fees, diet and other necessary charges, for so
long time as he shall be held and detained in prison upon such process,
no further prosecution being had thereon to a judgment in law, and be
liable to the goaler or prison-keeper's action for the same, any law,
usage or custom to the contrary notwithstanding. [Passed July 12 ;
published July 15.

[1st Sess.] Province Laws.— 1706-7. 587

CHAPTER 3.

AN ACT FOR REVIVING AND FURTHER CONTINUING OF THE ACT DIRECT-
ING HOW RATES OR TAXES, TO BE GRANTED BY THE GENERAL ASSEM-
BLY, SHALL BE ASSESSED AND COLLECTED.

Whereas the act intituled " An Act directing how rates or taxes to
be granted by the general assembly shall be assessed and collected,"
pass'd in the twelfth year of the reign of his late majesty, King Wil-
liam the Third, was made temporary to continue in force unto the first
day of July, one thousand seven hundred and three, and afterwards, by
a clause in a tax bill pass'd in the second year of her present majesty's V^^^"^' <>^*P- ^'
reign, was revived and continued until the twenty-ninth day of June,
in this present year, one thousand seven hundred and six, and no
longer, —

3e it therefore declared and enacted hyHis Excellency the Governour,
Council and Mepresentatives in General Court assembled^ and by the
authority of the same,

[Sect. 1.] That the said act intituled "An Act directing how rates 1699-I700,ch. 26
or taxes to be granted by the general assembly shall be assessed and
collected," and all and singular the paragraphs, clauses and articles
thereof, powers, directions, penalties, forfeitures, matters and things
therein contained, other than such as in and by this present act are
mentioned, to be repealed, altered or otherwise directed and provided,
be and hereby are revived and further continued to abide and remain
in force, and to be exercised, practised, and put in execution accord-
ingly, for and during the space of three years longer ; viz., until the
twenty-ninth day of June, which will be in the year one thousand
seven hundred and nine, and not afterwards : saving that the town of Saving for Bos-
Boston be hereby excepted from the general rule in the said act con- *°""
tained referring to town rates, as is provided in and by a paragraph of
an act intituled " An Act prescribing the foim of a warrant for col- J''^^"^' *^''^*p- ^'
lecting of toAvn assessments, &c."

And it is further enacted by the authority aforesaid,

[Sect. 2.] That when, by reason of the non-acceptance, death or Town officers
removal of any person or persons chosen to office in any town at the ^Yny^)ther*°
general annual meeting for the choice of town officers, there happens Si^t^*°V^*h
to be a vacancy or want of such officers, the town being orderly assem- in case, '
bled, upon due warning given and notice of the occasion, may proceed
to a new choice of officers to supply and fill up such vacancy at any
other town meeting, the restriction of the choice of town officers by
law to the month of March, annually, notwithstanding.

And be it further enacted by the authority aforesaid,

[Sect. 3.] That the act intituled "An Act of supplement to the Revival of an
acts referring to the poor, &c.," pass'd in the second year of her present men/rlflrring
majesty's reign, made only probationary and noAV near expiring, be and i^n^P^h*'''
hereby is continued and declared to abide and remain in full force, for > « a^P-

the space of three years next coming, and to be practised and put in
execution accordingly, with this addition ; that is to say, that any two
justices committing any person or persons, are hereby impowred, as
they shall find cause, to discharge them again. \_Passed July 5 ; pub-
lished July 15.

588

Province Laws.— 170G-7.

[Chap. 5.]

CHAPTER 4.

Penalty of lodg-
ing powder in
other place but
the public pow-
der-house.

Saving.

Payment for

merchants'

powder.

Governor and
council to give
instructions,
&c.

Keeper of the
house to at-
tend.

How the charge
of keeping the
house IS to be
defrayed.

AN ACT FOR ERECTING OF A POWDER-HOUSE WITHIN THE TOWN OF

BOSTON.

Wheeeas, for the better securing and safe keeping of the publick
stock of gunpowdei', and preventing the gi'eat loss and danger by
casualties befalling the same, and considering the imminent hazard of
keeping powder in storehouses with other goods and merchandises, or
in or near to dwelling-houses, the government have thought it necessary
to order the erecting and building of a publick magazine or powder-
house on the common or training-Held in Boston, —

He it therefore eyiacted by His Excellency the Governour^ Council and
Representatives in General Court assembled^ and by the authority of the
same,

[Sect. 1.] That from and after the building and fitting the said
house for the receiving and lodging of gunpowder, all gunpowder im-
ported and landed at the port of Boston shall be brought to and lodged
in the said magazine or store, and not elsewhere, on pain of confisca-
tion of all powder put or kept in any other house or place, one moiety
thereof to and for the use and supply of the publick store of the prov-
ince, and the other moiety to the informer, to be recovered by bill,
plaint or information in any of her majesty's courts of record within
the same : saving, nevertheless, the ordinary town stocks of Boston and
Charlestown from time to time, the fortifications and garrisons immedi-
ately under the governour's command, the quantity of fifty pounds at
a time in a shop for sale, and such pai-t of the publick stores as shall be
directed by the governour and council, from time to time, to be lodged
in other place or places.

And be it further eyiacted by the authority aforesaid,

[Sect. 2,] That for all powder belonging to merchants or other
private persons put into the said magazine, there shall be paid to the
use of the province, one shilling per barrel at the receipt thereof, and
sixpence per barrel per month for three months next after the first, and
then fourpence per barrel per month during it's lying there, out of which
(if there be sufficient to answer it), the charge of looking after the said
house, and the powder lodged there, shall be defreyed, from time to
time ; the governour and council to give necessary instructions and or-
ders from time to time, as they shall think fit, for regulating the keeping
of all powder put into the said magazine, for the preserving thereof^
and that it be turned once a month at the least.

[Sect. 3.] And the keeper of the said house shall duely attend at
proper hours to be assign'd by the governour and council, for the receiv-
ing and delivering out of merchants' powder.

[Sect. 4.] And if at any time the payment for merchants' powder
(an accompt whereof shall be rendred on oath) will not defrey the
charge of looking after the said house, so much as is wanting shall be
paid out of the publick treasury. [Passed July 9; published July 15.

CHAPTER 5.

AN ACT FOR THE BETTER PREVENTING OF CRIMINALS AVOIDING OF

JUSTICE.

Jie it declared and enacted by His Excellency the Governour, Council
and Representatives in General Court assembled^ and by the authority
of the samey

[1st Sess.] Province Laws.— 1706-7. 589

That all warrants and summons's in criminal matters, issuing out of Warrants, &c.,
the clerk's office of the court of genei-al sessions of the peace for any o" the peace's^
county, ujjon complaint, presentment or indictment lying before such °,*oug^j [^g
court, shall run through the several counties within the province, and province.
be duely executed by the officer or officers to whom they are directed,
according to the tenour thereof, as is already by law provided for writts
in civil causes. [^jPassed July 9 ; published July 15.

CHAPTER 6.

AN ACT FOR APPORTIONING AND ASSESSING OF FOUR SEVERAL TAXES
ON POLLS AND ESTATE, PURSUANT TO THE FUNDS AND GRANTS MADE
TO HER MAJESTY BY THE GENERAL ASSEMBLY, IN THE YEARS 1704, 1705
AND 1706.

Whereas the great and general court or assembly of the province of
the Massachusetts Bay in New England, at their sessions in the several
years one thousand seven hundred and four, one thousand seven hun-
dred and five, and one thousand seven hundred and six, did make and
jDass four several grants of taxes as funds and secvu'ity for the repayment
and drawing in of several sums in the bills of credit on this province
ordered to be imprinted and issued out of the publick treasury ; that is
to say, at their session begun the twenty-first of February, one thousand
seven hundred and four, a grant of eight thousand pounds;* and at their
session begun the thirtieth day of May, one thousand seven hundred
and five, a grant of ten thousand pounds ; f and at their session begun
the twenty-fourth of October in the same year, a grant of ten thousand
pounds! (onely four thousand pounds part thereof to be now appor-
tioned) ; and at their session begun the tenth of April, one thousand
seven hundred and six, another grant of four thousand pounds § (in
case) ; in all twenty-six thousand pounds, applyed to the ends and uses
in the said several grants enumerated and expressed ; the said four
grants, respectively, to be assessed and levyed on polls and estates in
the several towns and districts within this province according to such
rules and in such proportion as should be agreed on and directed by
this court in their present session ; — and forasmuch as the grant of ten
thousand pounds at the session in October past, was upon an emission
of eight thousand pounds and no more, which two thousand pounds
overplus, together Avith the dutys of impost and excise (made over also
to secure the payment of the said bills), and the further additions of
four hundred and twenty pounds granted in the last year's tax, and four
hundred eighty-nine pounds ten shillings in this present tax, will make
good the said funds ; wherefore, for the perfecting of the four grants
made unto her most excellent majesty as above recited, which are here-
by unanimously approved, ratifyed and confirmed, we, her majesty's
loyal and dutiful subjects, the representatives of her majesty's province
aforesaid, in general court assembled, pray that it may be enacted, —

And be it accordingly enacted by His Excellency the GovernouTy
Council and Assembly, and by the authority of the same^

[Sect. 1.] That each town and district within this province shall
be assessed and pay as its proportion of the said twenty-six thousand
pounds the sum hereafter following ; that is so say, —

IN THE COUNTY OF SUPFOLK,

Boston, four thousand seventy-seven pounds six shil-
lings and sevenpence, £4,077 65. Id.

Roxbury, three hundred and twenty pounds, . . 320 0 0

* Notes to 1704-5, resolve (d.) f Notes to 1705-C, resolve 'a.) % Ibid., resolve (6.) ilUd.,
resolve (c.;

590

Province Laws. — 1706-7.

[Chap. 6.]

Dorchester, four hundred and forty pounds, .
Hingham, three hundred forty-six pounds ten shillings;
Brantrey, three hundred and twelve pounds,
Dedham, two hundred forty-two pounds,
Medfield, two hundred thirty-five pounds ten shillings
Weymouth, one hundred ninety-five pounds,
Milton, one hundred forty-three pounds
Hull, eighty pounds ten shillings,
Wrentham, eighty-seven pounds ten shillings,
Mendon, seventy-three pounds ten shillings,

Woodstock, sixty pounds,

Brookline, one hundred twenty-two pounds thirteen
shillings and fivepence, ......

£440 Os. Od.

346 10 0

312 0 0

242 0 0

235 10 0

195 0 0

143 0 0

80 10 0

87 10 0

73 10 0

60 0 0

122 13 5

IN THE COUKTY OF MIDDLESEX.

Charlestown, five hundred and ninety pounds,.
Watertown, four hundred thirteen pounds ten shillings,
Cambridge, three hundred seventy-eight pounds ten

shillings, .......

Concord, three hundred forty-six pounds,
Wobourn, three hundred and thirty pounds,
Reading, two hundred fifty-four pounds ten shillings,
Sudbury, two hundred foi-ty-eight pounds, .
Marlborough, two hundred forty-six pounds ten shil

lings, ......

Newtown, one hundred and ninety pounds ten shillings

Maiding, one hundred eighty-six pounds,

Chelmsford, one hundred sixty-seven pounds,

Bilerica, one hundred fifty-seven pounds ten shillings,

Sherborne, one hundred thirty-nine pounds,

Groton, sixty-four pounds,

Lancaster, forty-six pounds, .

Framingham, eighty pounds,

Medford, seventy-four pounds ten shillings.

Stow, fifty pounds, ....

Dunstable, thirty-two pounds ten shillings,
Dracut, twenty pounds,

590 0 0

413 10 0

102 9 0

378 10 0

346 0 0

330 0 0

254 10 0

248 0 0

246 10 0

190 10 0

186 0 0

167 0 0

157 10 0

139 0 0

64 0 0

46 0 0

80 0 0

74 10 0

50 0 0

32 10 0

20 0 0

IN THE COUNTY OF BARNSTABLE.

Barnstable, three hundred and sixty pounds,
Eastham, two hundred and sixty pounds.
Sandwich, two hundred and eighty pounds, .
Yarmouth, one hundred ninety-nine pounds,
Harwich, one hundred and five pounds,
Rochester, seventy-three pounds ten shillings,
Falmouth, seventy-three pounds ten shillings,
Manamoit, sixty pounds,

360 0 0

260 0 0

280 0 0

199 0 0

105 0 0

73 10 0

60 0 0

IN TELE COUNTY OF YOEKE.

Kittery, fifty pounds, 50 0 0

Yorke, 000

Wells, 000

IN THE COUNTY OF ESSEX.

Salem, eight hundred and fourteen pounds, . . . 814 0 0
Ipswich, nine hundred and fifty pounds, . . . 950 0 0
Newbury, six hundred ninety-eight pounds ten shil-
lings, 698 10 0

Marblehead, three hundred sixty-eight pounds, . . 368 0 0

[1st Sess.]

Province Laws. — 1706-7.

591

Lynn, three hundred and thirty pounds, . . . £330 Os. Od.

Andover, three hundred and eleven pounds, . . 311 0 0

Beverly, two hundred sixty-one pounds, . . . 261 0 0

Rowley, two hundred and fifty pounds, . . . 250 0 0

Salisbury, one hundred and ninety pounds, . . . 190 0 0

Haverhill, two hundred pounds, ..... 200 0 0

Gloeester, one hundred ninety-two pounds ten shillings, 192 10 0

Topsfield, one hundred and eighty pounds, . . . 180 0 0

Boxford, one hundred thirty-eight pounds ten shillings, 138 10 0

Wenham, one hundred and twenty-eight pounds, . 128 0 0

Amsbury, one hundred and ten pounds, . . . 110 0 0

Bradford, one hundred and five pounds, . . . 105 0 0

Manchester, forty-six pounds, 46 0 0

IN THE COUNTY OF HAMPSHIRE.

Springfield, two hundred seventy-two pounds, . . 272 0 0
Northampton, two hundred and twenty pounds ten

shilUngs, _. . 220 10 0

Hadley, one hundred fifty-seven pounds ten shillings, . 157 10 0

Hatfield, one hundred thirty-six pounds ten shillings, . 136 10 0

Westfield, one hundred and twenty-five pounds, . . 125 0 0

Southfield, ninety pounds, 90 0 0

Enfield, seventy-seven pounds, 77 0 0

Deerfield, 000

IN THE COUNTY OF PLYMOUTH.

Plj'mouth, three hundi-ed pounds, .... 300 0

' Situate, four hundred pounds, 400 0

Bridgwater, two hundred thirty-six pounds ten shil-
lings, .... 236 10

Marshfield, two hundred pounds ten shillings, . . 200 10

Duxbury, one hundred and ninety pounds, . . . 190 0

Middleborough, ninety pounds, 90 0

IN THE COUNTY OF BRISTOL.

Bristol, two hundred and twenty pounds,
Taunton, three hundred and eighty pounds ten shillings,
Dartmouth, three hundred and seventy pounds, .
Rehoboth, two hundred and sixty pounds, .
Little-compton, two hundred and sixty pounds, .
Swanzey, two hundred and fifty pounds,
Tiverton, one hundred and seventy pounds,
Freetown, sixty pounds, .....
Attleborough, thirty-five pounds, ....

IN DUKES COUNTY*

Edgartown, one hundred and twenty pounds, . . 120 0 0
Chilmark, one hundred and ten pounds, . . . 110 0 0
Tisbury, seventy pounds, 70 0 0

Nantuckett, two hundred and ten pounds, . . . 210 0 0

Amounting in the whole to two and twenty thousand four hundred
eighty-nine jiounds ten shillings.

A7id be it further enacted by the authority aforesaid,

[Sect. 2.] That the treasurer do forthwith send out his warrants,

directed to the selectmen or assessors of each town and district within

this province, requiring them respectively to assess the sum hereby set

upon such town or district, in manner following ; vizt., to assess all rata-

220
380
370
260
260
250
170
60
35

0
10
0
0
0
0
0
0
0

592 Province Laws.— 1706-7. [Chap. 6.]

ble male polls above the age of sixteen years at ten shillings the poll,
(except the governour and lieutenant-governour and their familys, the
president, fellows and students of Harvard CoUedge, setled ministers,
grammar-school masters, and such who through age, infirmity or
extream poverty, in the judgement of the assessors are rendred unca-
pable to contribute towards publick charges), who are hereby exempted,
as well from being taxed for their polls, as for their estates being in
their own hands, and under their actual management and improvement ;
and all estate, both real and personal, lying within the limitts and
bounds of such town or district, or next unto the same, not paying else-
where, in whose hand, tenure, occupation or possession soever the same
is or shall be found ; and income by any trade or faculty, which any
person or persons (except as before excepted), do or shall exercise in
gaining by money, or other estate not particularly otherwise assesst, or
commissions of profit in their improvement, according to their under-
standing and cunning ; at one penny on the pound, and to abate or
multiply the same, if need be, so as to make up the sum hereby set and
ordered for such town or district to pay : and in makeing their assess-
ment, to estimate houses and lands at six years' income of the yeai'ly
rent whereat they are or may reasonably be set or let for in the places
where they lye, (saving all contracts betwixt landlord and tenant, and
where no such contract is, the landlord to re-imburse the one-halfe of
the tax set upon such houses and lands), and to estimate Indian, negro
and molatto serA^ants proportionably as other personal estate, according
to their sound judgement and discretion ; also to estimate every ox of
four years old and upwards, at forty shillings ; every cow of three years
old and upwards, at thirty shillings ; every horse and mai'e of three
years old and U2:)wards, at forty shilUngs ; every swine of one year ola
and upwards, at eight shillings ; and every sheep of one year old and
upwards, at four shillings : likewise requiring the assessors to make a
fair list of the said assessment, setting forth in distinct columns against
each pai'ticular person's name how much he or she is assessed at for
polls, and how much for houses and lands, and how much for personal
estate and income by trade or faculty ; and the list or lists so perfected
and signed by them, or the major part of them, to commit to the col-
lector, constable or constables of such town or district, and to i-etunie 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 himselfe, some time before the last day of August next.

[Sect. 3.] And the treasurer for the time being, upon receipt of
Buch certificate, is hereby impowred and ordered to issue forth his war-
rants to the collectors, constable or constables of such town or dis-
trict, requiring him or them respectively to collect the one-halfe of each
respective sum assessed on each particular person, before the last day of
November next, and to pay in the same and issue the accompts thereof
at or before the said last of November ; and to collect the other halfe
of each particular person's assessment, and pay in the same into the
treasury, and issue the accompts of the whole with himselfe, or the
treasurer for the time being, at or before the last day of May, which
will be in the year of our Lord one thousand seven hundred and seven.
And be it further enacted by the authority a/oresaid,
[Sect. 4.] That the assessors of each town and district respectively,
m convenient time before their makeing the assessment, shall give
seasonable warning to the inhabitants in a town meeting, or by posting
up notification in some place or places in such town or district, or other-
wise to notify the inhabitants, to give or bring in to the said assessors
true and perfect lists of their polls and ratable estate. And if any
person or persons shall neglect or refuse so to do, or bring in a false
list, it shall be lawful to and for the assessors to assess such person

[1st Sess.] Province Laws.--1706-7. 593

or persons according to their known ability within such town, in their
sound judgment and discretion, their due proportion to this tax, as
near as they can, according to the rules herein given, annexing the
penalty of five shillings for each that shall and may be convicted of
bringing in a false bill ; and said fine shall be for the use of the poor of
such town or district where the delinquent lives.

A7id be it enacted by the authority aforesaid,

[Sect. 5.] That whereas many debentures are not brought in, that
should have been brought into the treasury before the last day of May
last ; for reliefe whereof, and that said debentures may be duely paid,
there is further liberty granted for bringing in the same before the last
day of November next, any law or act to the contrary notwithstanding.
\_Passed July 13 ; published July 15.

594

Province Laws. — 1706-7.

[Chap. 7.]

ACTS

Passed at the Session begun and held at Boston,
ON the Seventh day of August, A.D. 1706.

CHAPTER 7.

Premium for
the forces in
pay-
Volunteers in
pay.

Volunteers
without pay.
Upon an alarm.

Shares.

Proof to be
made about
scalps.

AN ACT TO ENCOURAGE THE PROSECUTION OF THE INDIAN ENEMY AND

REBELS.

Fob encouragement to prosecute the Indian enemy and rebels, and
to prevent their sculking and lying hid in and about the frontier
and out-towns, his Excellency the Captain-General is desired to allow
and impower the captains and commanding officers in the several
towns to license the lying out of parties in small numbers in and about
the towns, assigning them the time for going forth and returning
home, that too many souldiers be not absent at a time, to the exposing
of the towns or hurt of the service ; and for further encouragement of
the service, —

Be it enacted by His Excellency the Governour^ Council and Repre-
sentatives in General Court assembled^ and by the authority of the same,

[Sect. 1.] That the following i*ewards or proemiums respectively be
allowed and [made] [^paidl out of the publick treasury to any com^
pany, troop, party or person, singly, who shall kill or take any male
Indian enemy or rebel, capable of bearing arms, or above the age of
twelve years ; that is to say, —

To the regular detached forces, under pay, the sum of ten pounds
per head.

To voluntiers, actually in the sei'vice and under pay, twenty pounds
per head.

To voluntiers, without pay or subsistance, fifty pounds per head.

To any company, troop or i^arty issuing forth upon an alarm, to the
relief of any town or garison attackt, thirty pounds per head for
every male Indian, as aforesaid, which any company, troop, party or
person shall happen to slay or take, over and above the stated wages to
such as are under pay ; and shall likewise have the benefit of all Indian
prisoners, being women or children under the age abovesaid, and plun-
der, which they shall happen to take from the enemy : the prisoners to
be transported out of the country.

[Sect. 2.] The proemium prisoners and plunder so taken, or the
proceeds thereof, to be equally shared to and among the officers and
souldiers then engaged, proportionably to their wages, unless any
company or party of voluntiers shall agree to make the distribution
otherwise.

And be it further enacted by the authority aforesaid,

[Sect, 3,] That the abovementioned payments, respectively, to be
made for every Indian as aforesaid slain, or taken, be ordered upon
bringing in the prisoner or producing the scalp of the dead person;

[2d Sess.] Province Laws.— 1706-7. 595

oath being made before the governour or one or more of her majesty's
council that it is bona Jide the scalp of an enemy or rebel Indian kill'd
in fight. And if any person or persons shall produce any scalp not being
the scalp of an enemy or rebel Indian slain in fight, with intent to
deceive and obtain the reward hereinbefore granted, and be thereof
convicted, the person or persons so ofiending shall suffer three months'
imprisonment, and forfeit double the sum which by virtue of this act
should have accrued to him or them for an enemy or rebel Indian bona
fide slain as aforesaid ; one moiety of such forfeiture to be unto her
majesty, for and towards the support of the government within this
province, and the other moiety to him or them that shall inform and
sue for the same in any of her majesty's courts of record within
this province : provided, —

[Sect. 4.] This act shall continue in force unto the end of the Proviso,
session of the general assembly in May next, and not afterwards.
[^Passed and published August 14.

CHAPTER 8.

AN ACT TO PREVENT ALL TRAITEROUS CORRESPONDENCE WITH HER
MAJESTY'S ENEMIES.

For preventing all traiterous correspondence with the French king,
or his subjects, or the Indian enemy or rebels, and supplying them with
warlike or other stores, —

£e it enacted by His Excellency the Governour, Council and Repre-
sentatives in General Court assembled, and by the authority of the
same,

[Sect. 1.] That if at any time after the publication of this act, any Correspond-
person or persons shall, during the continuance of the present war with \^^^_ ^^' ^®*"
France, be convicted of holding a traiterous correspondence with any
of her majesty's enemies, by letters or otherwise, whereby they shall
give them intelligence tending to the damage of her majesty's subjects
or interests, or to the benefit or advantage of the enemy, or shall send, Sending, load-
or load, or transport, or deliver, or cause to be sent, or loaded, or trans- inf'o^r dein^'er-'
ported, or delivered unto, or for the use of the said French king, or any ing unto or for
of his subjects residing within his dominions, or any town or territory French or in-
in his possession, or into or for any port or place within his said domin- djps. any sup-
ions, or within this province, or on the seas adjoining thereto, unto or to be treason,
for the use of any of the Indian enemy, or rebels to her majesty and
the government of this her majesty's province, inhabiting or being in
any of the places aforesaid, any armes, ordnance, powder, bullets, shot,
lead, pitch, tar, hemp, masts, cordage, iron, steel, brass, pewter wrought
or unwrought, saltpetre, or any sort of provisions, or clothing of any
kind, or any other supplies, every person or persons so as aforesaid Penalty,
offending, and being thereof convicted or attainted by due course of
law, shall be deemed, declared and adjudged to be a traitor or traiters,
and suffer the pains of death, and also loose and forfeit as in cases of
high treason.

And be it further enacted by the authority aforesaid,

[Sect. 2.] That if any of her majesty's subjects within this prov- Ail persona pro-
ince shall, from and after the publication of this act, during the repafrVr^'rlslde
continuance of the present war with France, without license from her or inhabit in
majesty's governour or commander-in-chief of this her majesty's prov- F"en*ch*kTng'3
ince for the time being, by and with the advice and consent of the dominions, &c.,

.. 1 , ., o' ./, ^ without license.

council, voluntarily go, repair or embarque in or upon any vessel or

596

Province Laws. — 1706-7.

[Chap. 8.]

Facts commit-
ted out of the
Erovince may
c laid and in-
quired of in
any county
within the
same.

Benefit of the
act for regulat-
ing of trials in
cases of trea-
son, &c.

Savings.

vessels, with an intention to go into, reside or inhabit in any of the
dominions or territories of the said French king, or amongst any of the
Indian enemy or rebels aforesaid, and be thereof attainted or convicted
by due course of law, every person or persons so offending as afore-
said, shall be taken, deemed and adjudged to be a traitor or traitors,
and suffer the pains of death, and also loose and forfeit as in cases of
high treason.

And be it further enacted^

[Sect. 3.] That where any of the offences against this act shall be
committed out of this province, or without the body of any county
within the province, where the judges of assize and general goal deUv-
ery are directed by law to sit, every such offence may be alledged and
laid, inquired of and tryed in any county within the same.

And he it further enacted by the authority aforesaid^

[Sect. 4.] That all and every person [and] [or] persons who shall
hereafter be accused, indicted or prosecuted for anything made or
declared treason by this act, shall be intituled to the benefit of the act
of parliament made in the seventh year of the reign of his late majesty
King William the Third, entituled " An Act for regulating of tryals in
cases of treason and misprision of treason : " provided, always,

[Sect. 5.] That nothing in this act contained shall be construed,
intended, deemed or taken to extend to bar the necessary relief and
supply of any French prisoners of war, or of any flagg of truce, or to
the supply of the English prisoners in French or Indian hands ; or for
secret services made or done, at all times, by the direction of the gov-
ernour, with the advice of the council ; or to bar a present charitable
relief to any of the enemy that by adversity may be cast on shoar upon
this coast, for the necessary preservation of life ; intelligence thereof to
be forthwith despatch'd to the governour. [Passed August 31 ; pub-
lished September 5.

[3d Sess.] Province Laws.— 1706-T. 597

ACTS

Passed at the Session begun and held at Boston,
ON the Twenty-Third day of October, A.D. 1706.

CHAPTER 9.

AN ACT FOR MAINTAINING AND PROPAGATING OF RELIGION.

Whereas the laws of this province have made good and wholsome
provision that every town within the same be constantly supplyed with
an able, learned orthodox minister or ministers, of good conversation,
to dispense the word of God unto them, and that such minister and
ministers be suitably encouraged and sufficiently supported and main-
tained by the inhabitants of such town[s]; for the rendring of said
laws more effectual, and to prevent the growth of atheism, irreligion
and prophaneness, —

JBe it enacted and ordained by Sis Excellency the Governour^ Coun-
cil and Representatives in General Court assembled^ and by the author-
ity of the same,

[Sect. 1.] That the justices of the court of general sessions of the Grand juries,
peace within the several counties, at the openinsr of their court from f * ^^ sessions

!• j.^- 1 • • -i-i ,.1^ °-i. IT,, to be specially

time to time, do give in special charge to the grand jury to make dih- ch.arged to
gent inquiry and presentment of all towns and districts, within such ment orto«"ns
county, that are destitute of a minister, as by law is directed ; and of *''»* are desti-
such towns and districts that neglect to fulfil their contracts and agree- do nors°upport
ments, and do not make suitable provision for the support and mainte- ^^^^^ ministers.
nance of their minister or ministers accordingly.

[Sect. 2.] And upon such presentment, complaint or information in court of ses-
any other manner, the court of general sessions of the peace are di- ^|°"« *° "^^^^
rected and required, vigorously to put the laws in execution for the ordersr**'^'^^
redressing of all defects and neglects of that kind, and forthwith to
make the necessary orders to that end, as by law they are impowred ;
and in case their orders, so made, be not duely observed, or by the —to make re-
contrivances and practices of ill men be eluded, and rendred ineffectual e?lKassemb1j"
for the speedy remedying and reforming of so great an evil, the jus- i° case,
tices of such court are to represent and make report of their proceed-
ings unto the next session of the great and general court or assembly.

And be it further enacted by the authority aforesaid,

[Sect. 3.] That upon report made as aforesaid by the justices of upon towns'
the court of general sessions of the peace within any county, that, erai a*ssembfy""
notwithstanding the orders by them made as aforesaid, any town or ^^ p'"*'^''^^ min-
district within their county do remain destitute of a minister qualifyed their support,
as by law is provided, or do neglect to make due provision for the suffi-
cient support or maintenance of their minister or ministers, according
to contract and agreement made with him or them, or as the said court
shall have ordered, where there is no contract in that respect, the
general assembly to which such report or representation shall be made,

598 Province Laws.— 1706-7. [Chaps. 10, 11.]

ehall take effectual care to provide and send an able, learned orthodox
minister, of good conversation, to every such town or district that are
destitute, and also provide for his honourable support and maintenance,
by adding so much to the proportion of such town or district to the
publick taxes, from time to time, as they may judge sufficient for that
end ; and so in like manner for the support and maintenance of minis-
ters in such towns or districts that neglect to fulfil and perform the
contract and agreement made with their ministers ; and shall also pro-
ceed after the same manner to supply and support a minister in places
that are destitute, Avhere the justices neglect their duty to take care
thereof
Tobepaidont [Sect. 4.] And the additional sums so laid as aforesaid, shall be
a ury. ^gggggg^j^ collected and paid into the publick treasury, together with the
other publick taxes, and shall be drawn out thence by warrant from the
governour, by and with the advice and consent of the council, and be
duely paid to the minister and ministers respectively for whom it shall
be laid : provided^

[Sect. 5.] This act shall continue in force for the space of three
years next after the enacting thereof, and no longer. \_Passed Novem-
ber 14 ; published December 13.

CHAPTER 10.

AN ACT FOR REVIVING AND FURTHER CONTINUING OF THE ACT AGAINST
SOULDIERS AND SEAMEN IN HER MAJESTY'S SERVICE, BEING ARRESTED
FOR DEBT.

"Whereas the act entituled " An Act against souldiers and seamen
in her majesty's service being arrested for debt," pass'd and enacted in
the third year of her present majesty's reign, was made temporary, and
the time of limitation therein mentioned being expired, and it being
judged necessary that the same be continued in this time of war, —

£e it therefore enacted by His Excellency the Governour, Council and
Representatives in General Court assembled, and by the authority of the
same,
i?oi-5,cliap.io. That the said act intituled "An Act against souldiers and seamen in
her majesty's service being arrested for debt," with all and singular
the paragraphs, articles, powers, penalties, matters and things therein
contained, be and hereby are revived and further continued to be exer-
cised, practised and put in execution, for and by the space of one year,
and no longer. [Passed November 15 ; published December 13.

CHAPTER 11.

An ACT FOR THE RAISING AND INCREASE OF DOGS, FOR THE BETTER
SECURITY OF THE FRONTIERS.

Whereas upon tryal lately made of rangeing and scouring the woods
on the frontiers, with hounds and other dogs used to hunting, it has
proved of great service to discourage and keep off the Indians ; for en-
couragement, therefore, to raise and train up a greater number of dogs,
to be so improved, —

De it enacted by His Excellency the Governour, Council and Pepresen-
tatives in General Court assembled, and by the authority of the same.
Allowance. [Sect. 1.] That such person and persons, living in any of the fron-

tiers within this province, who shall take, keep and raise up any whelp

[3d Sess.] Province Laws.— 1706-7. 699

of the breed of the hounds, and have them at all times in readiness to
attend the hmit serjeant, or others improved in that service, when they
shall come to such town, and require the same, shall be allowed and
paid out of the publick treasury the sum of five shillings per annum, in
consideration of their care and charge, for the raising and keeping of
every such dog ; a certificate thereof from year to year to be transniit-
ted to the commissary-general, under the hands of the commission
military officers, and the town clerk of such town : provided,

[Sect. 2.] This act shall continue in force for the space of three
years next coming, if the war with the Indians last so long, and not
afterwards. [Passed November 29 ; published December 13.

600 Province Laws.— 1706-7. [Chap. 12.]

ACT

Passed at the Session begun and held at Boston,
ON THE Fifth day of March, A.D. 1706-7.

CHAPTER 12.

AN ACT FOR THE FURTHER CONTINUING OF, AND IN ADDITION TO THE
"ACT TO ENCOURAGE THE PROSECUTION OF THE INDIAN ENEMY AND
REBELS."

Whereas the act intituled " An Act to encourage the prosecution
of the Indian enemy and rebels," made and pass'd in the fifth year of
her present majesty's reign, is made temporary, and by the limitation
therein contained, to abide and remain in force unto the end of the
session of the general assembly in May next, and not afterwards, —

j&e it enacted by Sis Excellency the Governour, Council and Repre-
sentatives in General Court assembled, and by the authority of the same,
VlQ^7t chap. 7. That the said act intituled " An Act to encourage the prosecution of
the Indian enemy and rebels," and all and singular the paragraphs, articles,
clauses, powers, forfeitures, prcemiums or rewards therein mentioned
and contained, be and hereby are further continued to abide and remain
in force, be practised and put in execution, until the last day of Octo-
ber, in the year one thousand seven hundred and seven, and not after-
wards, with this alteration and addition onely ; that is to say, that the
prcemium for a male Indian enemy or rebel, capable of bearing aimes,
or above the age of twelve years, that hereafter shall be kill'd or taken
by any company, troop, party or person, serving as voluntiers without
pay or subsistance, shall be one hundred pounds, instead of fifty pounds,
set by the aforesaid act. [J'assed March 13 ; published March 26,
1706-7.

Notes. — The engrossments of all the acts of this year are preserved, and all were printed
except chapter 6, and the seven private acts the titles and dates of which are hereunder given ;
Tiz., —

"An Act for Imprisoning William Rouse, Samuel Vetch, John Borland, Roger Lawson, Eb-
enezar Coffin & John Phillips, jun'." — [Approved July 13.

" An Act for the Punishing of John Borland, Merchant, for high misdemeanour." — [Approved
Sept. 3.

"An Act for the Punishment of Samuel Vetch, Esq', for High Misdemeanour." — [Approved
Sept. 3.

"An Act for the Punishm' of John Phillips jun' for high misdemeanour." — [Ap2>7'oved
Sept. 3.

" An Act for the Punishment of Ebenezer Coffin, Marriner, for High Misdemeanour." — [-^p-
proved Sept. 3.

An Act for the Punishment of William Rouse, Mariner, late Commander of the Sloop Anne,
a Flagg of Truce, in the immediate Service of her Ma'^" Governm' of this Province, for high
misdemeanour. — [Approved Sept. 3.

" An Act for the Punishm' of Roger Lawson, Merch', for high misdemeanour. — [Approved
Sept. 3.

The proceedings of the Board of Trade in relation to the public acts of this year have been
described in the notes to previous years.

[Notes.] Province Laws.— 1706--7. 601

Chap. 4. " March 27, 1722. In the House of Represent'" Question, Whether in the Act in-
tituled An Act for Erecting a Powder House in the Town of Boston made in the fifth Year of
Queen Ann, The Saving therein meution'd doth not intend all the Gun Powder belonging to
the Province? — Resolved in the Affirmative, And that it ought to be [is to be construed andY*
Understood of all Powder removed by Order of the Governour & Council for the Province
Service.

In Council; Read &Concur'd. Consented to: Sami-i- Shutk."

— Council Records, vol. XL, p. 289.

The following resolves, for the emission of bills of credit, are referred to in subsequent acts: —

(a.) " July 9, 1706. The following Resolve pass'd in the House of Representatives sent up
for Concurrence ; Viz., —

Resolved that the Treasurer be & hereby is Ordered & Impowered to Issue forth & Emit
the Sum of Ten Thousand Pounds of the Bills of publick Credit on this Province, that are or
shall be received into the Treasury, towards Payment of the publick Debts of the Province al-
ready contracted, & the further growing Charge for the Defence thereof; For Supplying & Sub-
sisting the Province Galley, Forts, Garrisons & Forces raised & to be raised & employed within
the same, & Wages arising for their Service; for Payment of Grants, Salaries & Allowances
made & to be made by this Court; for Support of the'Governm' of this Province & Answering
the incident & contingent Charges thereof. According to such Draughts as, from Time to Time,
shall be made upon him by Warrant or Order of the Governour, by & with the Advice & Con-
sent of the Council; And the said Bills shall pass out of the Treasury at the Value therein
express'd, equivalent to Money, & shall be taken and Accepted in all publick Payments at the
Advance & after the Rate of Five Pounds per Cent more.

And that the Duties of Impost & Excise shall be [a] Fund & Security for the Repayment &
Drawing in of the said Bills to the Treasury again, so far as that will reach ; And as a further
Fund & Security for the same, for the Pa^'ment of Certificates of Soldiers' Wages, & for
Defraying the further necessary growing Charge of the Province, the Defence of her Majesties
Subjects & Interests within the same, and Support of the Government thereof, There be &
hereby is Granted unto her most Excellent Majesty, to the Ends & Uses aforesaid, a Tax of Ten
Thousand Pounds, to be levied upon Polls, & Estates both Real & Personal, within this Province,
according to such Rules & in such Proportion, upon the several Towns & Districts within the
same, As shall be Agreed & Ordered by the Great & General Court or Assembly of this Prov-
ince, at their Session beginning in May next, And to be paid into the Treasury Five Thousand
Pounds thereof, on or before the last l3ay of November next after, And the remaining Five
Thousand Pounds, on or before the last Day of May, which will be in the Year One Thousand
seven Hundred & Eight.

W"'' Resolve being Read at the Board, was Concur'd ;

And is Consented to : J. Dudley."

— Council Records, vol. VIII., pp. 229-30.

(6.) " Decern' 7, 1706. The following Resolve pass'd in the House of Represent'" & sent
up; Viz., —

Resolved that the Treasurer be & hereby is Impower'd & Order'd to Issue forth & Emit the
Sum of Ten Thousand Pounds of the Bills of publick Credit on this Province, that are or shall be
received into the Treasury, & the like Sum of Ten Thousand Pounds of Bills of publick Credit
Ordered by this Court at this Session to be new made & deliver'd to him, towards Payment of
the publick Debts of the Province already contracted & the further growing Charge for the
Defence thereof; For the Supplying & Subsisting of the Province Gaily, Forts, Garrisons, &
Forces raised & to be raised & employed within the same, & Wages arising for their Service ;
For Payment of Grants Sallaries & Allowances made & to be made by this Court, and the
incident & contingent Charges necessary for the Support of the Governm' of this Province,
According to such Draughts as, from Time to Time, shall be made upon him by W^arr' or Order
of the Govern' by & with the Advice & Consent of the Council.

And the said Bills shall pass out of the Treasury at the Value therein express'd, equivalent to
Monej', & shall be taken & accepted, in all publick Payments, at the Advance & after the Rate
of Five Pounds per Cent more; And that the Duties of Impost and Excise shall be a Fund &
Security for the Repayment & Drawing in of the said Bills into the Treasury again so far as
that will reach ; —

And as a further Fund & Security for the same. For the Paying of Soldiers Wages & for
the Defraj-ing of the further necessary growing Charge of the Province, the Defence of her
Majesties Subjects & Interests within the same, & Support of the Governm' thereof. There be
& hereby is gianted to her most Excellent Majesty, a Tax of Eighteen Thousand Pounds; Six
Thousand Pounds thereof to be levied upon Polls, & Estates both Real & Personal, within this
Province, According to such Rules & in such Proportion, upon the several Towns & Districts
within the same, as shall be Agreed on & Order'd by the Great & General Court or Assembly
of this Province at their Session in May next, & to be paid into the Treasury on or before the
last Day of May, which will be in the Year of our Lord, 1708; The remaining Twelve Thousand
Pounds to be levied as aforesaid at the Session of this Court that is to be in Maj-, 1708, and
paid into the Treasurer on or before the last Day of November next After.

W'*" Resolve being Read at the Board was Concur'd;

And is Consented to: J. Dudley."
—Ibid., pp. 288-89.

(c.) " March 22, 1706[-7]. The following Resolve pass'd in the House of Represent'" was
Read & Agreed to; Viz., —

Resolved that the Sum of Six Thousand Pounds of Bills of publick Credit on this Province
be further imprinted bj' the Committee that imprinted the last. The Bills to be of like Sums,
proportionably, with those last made. And the Pay for Making of them in the same Proportion,
& by the Comm'" deliver'd to the Treas', Taking his Receipt for the Same.

* This and the last resolve on the next page were printed with the acts of the sessions, and
the words in italics, inclosed in brackets, although they appear there, arc not to be found in the
MS. records.

602 Province Laws.— 1706-7. [Notes.]

And the Treasurer is hereby Directed & Impower'd to issue forth & Emit the said Sum of
Six Thousand Pounds, in Bills, together with Four Thousand Pounds more of the Bills of
publick Credit that are or shall be received into the Treasury, towards Payment of the publick
Debts of the Province already contracted, & the further growing Charge for the Defence thereof;
for the Supplying & Subsisting of the Province Gallej^ Forts, Garrisons, & Forces raised & to
be raised & "employed within the same, & Wages arising for their Service ; For Payment
of Grants, Salaries and Allowances made & to be made by this Court, & the incident & contin-
gent Charges necessary for the Support of the Government of this Province, According to such
Draughts as, from Time to Time, shall be made upon him by Warrant or Order of the Govern-
our, by & with the Advice & Consent of the Council; And the said Bills shall pass out of the
Treasury at the Value therein express'd, equivalent to Money, And shall be taken & Accepted
in all publick Pa3'ments at the Advance & after the Rate of Five Pounds per Cent more ; And
that the Duties of Impost & Excise be a Fund & Security for the Repaj'ment & Drawing in of
the said Bills to the Treasury again so far as that will reach; —

And as a further Fund & Security for the same, & for the Paying of Soldiers Wages, & for
Defraying of the further necessarj^ growing Charge of the Province, the Defence of her Majes-
ties Subjects & Interests within the same, & Support of the Government thereof. There be &
hereby is Granted to her most Excellent Majesty, to the Ends & Uses aforesaid, a Tax of Ten
Thousand Pounds, to be levied upon Polls, & Estates both Real & Personal, within this Province
according to such Rules & in such Proportion, upon the several Towns & Districts within the
same as shall be Agreed on & Order'd by the Great & General Court or Assembly of this Prov-
ince at their Session in May, Anno 1708, And to be paid into the Treasury on or before the last
Day of May Anno, 1709.

Consented to: J.Dudley."
—Ibid., pp. 303-4.

[ Order for furnishing Souldiers with Fire-Armes for Tier Majesties Service']

" Dec. 3, 170G. Whereas the Fire-Arms issued out of the Publick Stores for the fitting out
Soldiers in Her Majestie's Service, are oft Times Imbezzel'd, Exchanged, Pawn'd, Sold or oth-
erwise made away, to the gi'eat Loss & Damage of the Province, —

Ordered That upon all Detachments or Enlisting of Soldiers for her Majestie's Service,
Persons that appear with Arms unfit for the Service shall be furnished out of the Magazine at
the prime Cost here, in Advance towards their Pay, & stand charged therewith, accordingly,
such Sums to be subducted out of their Wages, upon making up the Accompt thereof; The Arms
to be their own, their Parents' or Masters' respectivelj", whereby the greater Care will be had
of them, and the Militia in the Towns be the better provided.

And the Commissary-General, and all Sub Commissaries are hereby directed to observe this
Order, & to govern themselves accordingly ; [The Commissary-General to take care to provide
the Armes accordingly.'] Any former Direction, Usage or Custom [to the contrary] notwith-
standing:—

Only, when it shall happen the Time of the Ser\-ice to be so short That the Wages are not
sufficient to pay for what is Supplied, the Arms shall be returned again, with Allowance for the
Use of them, as heretofore accustom'd.

This Order to continue only during the present War.

W"'' Order was Agreed to by the Represent'" And that it be printed ; In w""" the Council
Concur'd

Consented to: J. Dudley."
—Ibid., p. 284.

ACTS,

Passed 1707.

[603]

ACTS

Passed at the Session begun and held at Boston,
ON the Twenty-Eighth day of May, A.D. 1707.

CHAPTER 1.

AN ACT FOR REVIVING AND FURTHER CONTINUING OF SEVERAL ACTS
HEREIN MENTIONED THAT ARE NEAR EXPIRING.

Whereas the act intituled "An Act to prevent the deserting of the
frontiers of this province," made and passed in the twelfth year of the
reign of his late majesty King William the Third ; the act entituled
"An Act granting unto her majesty an excise upon wines, liquors and
strong drink sold by retail ; " the act intituled " An Act granting unto
her majesty several rates and duties of impost and tunnage of ship-
ping;" both made and pass'd in the second year of her present majes-
ty's reign, were made to continue but for one year, and have ever since
been annually revived, and, by several acts, further continued, with
several additional clauses thereto, and by their respective limitations
are now near expiring, but thought necessary to abide still in force, and
to be used and practised for a longer time, —

Be it therefore declared and enacted by JBis Excellency the Gov-
ernour^ Council and Representatives in General Court assembled, and
by the authority of the same,

[Sect. 1.] That the three several acts afore enumerated; that is to
say, the act intituled " An Act to prevent the deserting of the frontiers I699-1700, ch.22,
of this province;" the act intituled "An Act granting unto her majesty 1703-4, chap. 5.
an excise upon wines, liquors and strong drink sold by retail ; " the act
intituled "An Act granting unto her majesty several rates and duties 1703-4, chap. 4,
of impost and tunnage of shipping ; " and all and singular the para-
graphs, clauses, articles, directions, powers, penalties, forfeitures, refer-
ences, matters and things in the said several acts, and every of them
respectively contained, be and hereby are revived and further continued
in force, and accordingly to be practised, exercised and put in execu-
tion until the twenty-ninth day of June, which will be in the year one
thousand seven hundred and eight, any proviso or limitation in the
said acts, or any of them, notwithstanding, and not afterwards.

And be it further declared and enacted by the authority aforesaid,

[Sect. 2.] That the additional clause or paragraph in the act of 1701-2, chap. 14.
continuation, pass'd in the thirteenth year of his late majesty King
William the Third, and the several clauses and paragraphs contained in 1706-7, chap. 1.
the act of revival and continuation pass'd at the session of the general
assembly begun the twenty-ninth day of May, in the fifth year of her
present majesty's reign, be and hereby are revived and further continued
to abide in force, and be practised and put in execution accordingly,
until the twenty-ninth day of June, in the year one thousand seven
hundi-ed and eight, and not afterwards, any proviso or limitation not-
withstanding. [^Passed June 10 ; published July 4.

606

Pbovince Laws. — 1707.

[Chaps. 2, 3.]

CHAPTER 2.

AN ACT IN ADDITION TO THE ACT DIRECTING HOW RATES OR TAXES TO
BE GRANTED BY THE GENERAL ASSEMBLY SHALL BE ASSESSED AND
COLLECTED.

1699-17C0,ch.26,
§1.

Assessors.

Collectors.

Whereas the several towns within this province are by law impowred
annually to choose assessors distinct from the selectmen, for the assess-
ing of the town's proj)ortion of all publick taxes laid from time to time
by order of the general assembly, —

Be it declared mid enacted by Sis Excellency the Governour, Coun-
cil and Representatives in General Court assembled, and by the author-
ity of the same,

[Sect. 1.] That the assessors from time to time chosen in each
town, distinct from the selectmen, shall be the assessors of such town's
proportion, also to the county and town charges ; who shall likewise be
under oath to the discharge of that tinist, according to the rules and
directions in the law in that respect, and to be under the like penalty
for not accepting and serving as is by law directed for the province tax.

[Sect. 2.] And every town may choose a collector or collectors for
the gathering of the county and town charges, if the inhabitants shall
think fit, as the law provides for the province taxes ; any law, usage or
custom to the contrary notwithstanding. [Passed June 11 ; published
July 4.

CHAPTER 3.

Ncffroes, &c.,
to do service
equivalent to
trainings, &c.

Penalty for neg-
lect.

To attend in
case of alarm.

AN ACT FOR THE REGULATING OF FREE NEGRO'S, &c.

Wheeeas, in the several towns and precincts within this province,
there are several free negro's and molatto's, able of body and fit for la-
bour, who are not charged with trainings, watchings and other services
required of her majesty's subjects, whereof they have share in the
benefit, —

J^e it enacted by Sis Excellency the Governour, Council and Repre-
sentatives in General Court assembled, and by the authority, of the
same,

[Sect. 1.] That the selectmen of each town or precinct be and
hereby are impowred to order and require so many days' work yearly,
of each free male negro or molatto, able of body, dwelling "svithin such
town or precinct, in repairing of the highways, cleansing the streets, or
other service, for the common benefit of the place, as, at the discretion
of the selectmen, may be judged an equivalent to the services perfoimed
by others, as aforesaid.

[Sect. 2.] And every negro or molatto as aforesaid, being duely
warned by the selectmen or other person appointed by them that shall
neglect or refuse to attend and perform the labour and service, at the
place and time as he is directed, shall forfeit and pay, to the use of the
poor of such town or precinct, five shillings per dion for each day's
neglect of his duty in that respect.

And be it further enacted,

[Sect. 3.] That all free male negro's or molatto's, of the age of
sixteen years and upward, able of body, in case of alarm, shall make
their appearance at the parade of the military company of the precinct
wherein they dwell, and attend such service, as the first commission
officer of such company shall direct, during the time the company con-

[1st Sess.] Province Laws.— 1707. 607

tinues in armes, on pain of forfeiting the sum of twenty shillings to
the use of the company, or performing eight day's labour as aforesaid,
without reasonable excuse, made and accepted, for not attending.

And be it further enacted,

[Sect. 4.] That every free negro or molatto, who shall harbor or ^°y*°t^^''^°'"
entertain any negro or molatto servant in his or her house without the
leave and consent of their respective masters or mistresses, shall for-
feit and pay the sum of five shillings to the use of the poor of the
town, for each offence.

rSECT. 5."1 And if any negro or molatto, as aforesaid, shall be unable Punishment in

L J J b ' ,x T ii 1 1- case Of not pay-

to pay his or her nne, or shall neglect or reiuse to attend the labour ing their fines.

assign'd him as aforesaid, any of her majesty's justices, upon complaint
thereof made, are hereby impowred to commit such delinquent to the
house of correction, there to receive the discipline of the house, and to
be kept to hard labour double the number of days assign'd him to work
as aforesaid, or as is the sum of his or her fine, at the rate of one shil-
ling ^er diem. [Passed June 12 ; published July 4.

CHAPTER 4.

AN ACT FOR APPORTIONING AND ASSESSING OF THREE SEVERAL TAXES
ON POLLS AND ESTATES, PURSUANT TO THE FUNDS AND GRANTS MADE
TO HER MAJESTY BY THE GENERAL ASSEMBLY IN THE YEARS 1705 AND
1706.

Whereas, the great and general court or assembly of the province of
the Massachusetts Bay in Ncav England, at their session in the several
years 1705 and 1706, did make and pass three several grants of taxes,
as funds and security for the repayment and drawing in of several sums
in the bills of credit on this province, ordered to be imprinted and
issued out of the publick treasury ; that is to say, at their session, begun
the twenty-fovirth of October, one thousand seven hundred and five, a
grant of six thousand pounds ; * and at their session, begun the twenty-
ninth day of May, one thousand seven hundred and six, a gi'ant of ten
thousand pounds;! and another grant, at the session begun the twenty-
third of October, one thousand seven hundred and six, of six thousand
pounds ; % in all, twenty-two thousand pounds, applyed to the ends and
uses in the said several grants enumerated and expressed : the said
three grants, respectively, to be assessed and levyed on polls and estates
in the several towns and districts Avithin this province according to such
rules and in such proportion as should be agreed on and directed by
this court at their present session ; wherefore, for the perfecting of the
three grants, made unto her most excellent majesty as above recited,
which are hereby unanimously approved, ratifyed and confirmed, we,
her majesty's loyal and dutiful subjects, the rcj^resentatives of her
majesty's province aforesaid, in general court assembled, pray that it
may be enacted, —

Aoid be it accordingly enacted by His Excellency the GovernouT^
Council and Assembly, and by the authority of the same,

[Sect. 1.] That each town and district within this province shall
be assessed and pay, as its proportion of the said twenty-two thousand
pounds and four hundred and one pounds more, the sum hereafter fol-
lowing ; that is to say, —

IN THE COUNTY OF STJETOLK.

Boston, four thousand seventy-seven pounds six shil-
lings and sevenpence, £4,077 65. Id.

Roxbury, three hundred and twenty pounds, . . 320 0 0

• N0TK8 to 1705-6, resolve (B.) f NOTES to 170&-7, resolve (o.) t Ibid., resoire (6.)

608

Pbovince Laws. — 1707.

[Chap. 4.]

Dorchester four hundred and forty pounds, .

Hhagham, three hundred forty-six pounds ten shillings,

Brantrey, three hundred and twelve pounds,

Dedham, two hundred forty-two pounds,

Medfield, two hundred thirty-five pounds ten shilUngs,

Weymouth, one hundred ninety-five pounds,

Milton, one hundred forty-three pounds,

Hull, eighty pounds ten shillings,

Wrentham, seventy-seven pounds ten shillings, .

Mendon, seventy-three pounds ten shillings,

Woodstock, sixty pounds,

Brooklyn, one hundred twenty-two pounds thirteen shil
lings and fivepence,

£440 05. Od.

346 10 0

312 0 0

242 Q 0

235 10 0

195 0 0

143 0 0

80 10 0

77 10 0

73 10 0

60 0 0

122 13 5

IN THE COUNTY OF MIDDLESEX.

Charlestown, five hundred and ninety pounds,
Watertown, four hundred and thirteen pounds ten shil

lings,

Cambridge, three hundred seventy-eight pounds ten

shillings, ........

Concord, three hundred forty-six pounds,
Woborne, three hundred and thirty pounds,
Reading, two hundred fifty-four pounds ten shillings,
Sudbury, two hundred forty-eight pounds, .
Marlboro, two hundred forty-six pounds ten shillings,
Newtown, one hundred and ninety pounds ten shillings
Maiden, one hundred eighty-six pounds,
Chelmsford, one hundred sixty-seven pounds,
Bilerica, one hundred fifty-seven pounds ten shillings,
Sherborn, one hundi-ed thirty-nine pounds,
Groton, sixty-four pounds, .
Lancaster, forty-six pounds, .
Framingham, eighty pounds,
Medlbrd, seventy-four pounds ten shillings,
Stowe, fifty pounds, ....

Dunstable, twenty pounds, .
Dracut, twenty pounds,

590 0 0

413 10 0

378 10 0

346 0 0

330 0 0

254 10 0

248 0 0

246 10 0

190 10 0

186 0 0

167 0 0

157 10 0

139 0 0

64 0 0

46 0 0

80 0 0

74 10 0

50 0 0

20 0 0

IN THE COUNTY OP BRISTOL.

Bristol, two hundred and twenty pounds,

Taunton, three hundred and eighty pounds ten shillings.

Dartmouth, three hundred forty-five pounds,

Rehoboth, two hundred and sixty pounds, .

Little Compton, two hundred and sixty pounds, .

Swanzy, two hundred and fifty pounds,

Tiverton, one hundred and seventy pounds, .

Freetown, sixty pounds,

Attleborough, thirty-five pounds, ....

220 0 0

380 10 0

345 0 0

260 0 0

250 0 0

170 0 0

60 0 0

35 0 0

IN THE COUNTY OF YOEK.

Kittery, fifty pounds, 50 0 0

Yorke, 000

Wells, 000

IN THE COUNTY OF ESSEX.

Salem, eight hundred and fourteen pounds, . . . 814 0 0

Ipswich, nine hundred and fifty pounds, . . . 950 0 0

Newbury, six hundred ninety-eight pounds ten shillings, 698 10 0

Marblehead, three hundred sixty-eight pounds . . 368 0 0

[1st Sess.]

Province Laws. — 1707.

609

Lynn, three hundred and thirty pounds, . . . £330 Os. Od.

Andover, three hundred and eleven pounds, . . 311 0 0

Beverley, two hundred sixty-one pounds, . . . 261 0 0

Kowley, two hundred and tifty pounds, , . . 250 0 0

Salisbury, one hundred and ninety pounds, . . . 190 0 0

Haverhill, two hundred pounds, 200 0 0

Glocester, one hundred ninety-two pounds ten shillings, 192 10 0

Topsfield, one hundred and eighty pounds, . . . 180 0 0

Boxford, one hundred thirty-eight pounds ten shillings, 138 10 0

Wenham, one hundred twenty-eight pounds, . . 128 0 0

Amsbury, one hundred and ten pounds, . . . 110 0 0

Bradford, one hundred and five pounds, . . . 105 0 0

Manchester, forty-six pounds, 46 0 0

IN THE COUNTY OF HAMPSHIRE.

Springfield, two hundred seventy-two pounds, . . 272 0 0

Northampton, two hundred twenty pounds ten shillings, 220 10 0

Hadley, one hundred fifty-seven pounds ten shillings, . 157 10 0

Hatfield, one hundred thirty-six pounds ten shillings, . 136 10 0

Westfield, one hundred twenty-five pounds, . . 125 0 0

Southfield, eighty pounds, 80 0 0

Enfield, seventy-seven pounds, 77 0 0

Deerfield,

IN THE COUNTY OP PLYMOUTH.

Plymouth, three hundred pounds, .... 300 0 0

Scituate, four hundred pounds, 400 0 0

Bridgwater, two hundred thirty-six pounds ten shil-

Hngs, 236 10 0

Marshfield, two hundred pounds ten shillings, . . 200 10 0

Duxbury, one hundred and ninety pounds, . . . 190 0 0

Middleborough, ninety pounds, 90 0 0

IN THE COUNTY OF BARNSTABLE.

Barnstable, three hundred and sixty pounds,
Easthara, two hundred and sixty pounds.
Sandwich, two hundred fifty-six pounds ten shillings,
Yarmouth, one hundred ninety-nine pounds,
Harwich, one hundred and five pounds,
Rochester, seventy-three pounds ten shillings,
Falmouth, seventy-three pounds ten shillings,
Manamoit, sixty pounds,

IN DUKES COUNTY.

Edgartown, one hundred and nine pounds, .
Chilmark, one hundred and one pounds,
Tisbury, sixty-eight pounds, ....

Nantucket, two hundred and twenty pounds,

360 0 0

260 0 0

256 10 0

199 0 0

105 0 0

73 10 0

60 0 0

109 0 0

101 0 0

68 0 0

220 0 0

Amounting in the whole to twenty-two thousand four hundred and
one pounds.

A)id be it further enacted by the authority aforesaid,
[Sect. 2.] That the treasurer do forthwith send out his warrants,
directed to the selectmen or assessors of each town or district within
this province, requiring them, respectively, to assess the sum hereby set
upon such town or district, in manner following ; vizt., to assess all rata-
ble male polls above the age of sixteen years, at ten shillings the poll
(except the goveraour and Ueutenant-governour and theu- familys, the

610 Peovince Laws.— 1707. [Chap. 4.]

president, fellows and students of Harvard Colledge, setled ministers
and grararaer-schooll masters), who are hereby exempted, as well from
being taxed for their polls as for their estates, being in their own hand
and under their actual management and improvement ; and other per-
sons, in any town (if such there be), who through age, infirmity or
extream poverty, in the judgement of the assessors, are not capable
to pay towards publick charges, they may exempt their polls, and so
much of their estate as in their prudence they shall think and judge
meet ; and all estate, both real and personal, lying within the limits and
bounds of such toAvn or district, or next unto the same, not paying else-
where, in whose hand, tenure, occupation or possession the same is or
shall be found ; and income by any trade or faculty which any person
or persons (except as before excepted), do or shall exercise in gaining by
moneys ; or other estate not particularly otherwise assest, or commis-
sions of profit in their improvement, according to their understanding
and cunning, — at one penny on the pound ; and to abate or multiply the
same, if need be, so as to make u]) the sum hereby set and ordered for
such town or district to j^ay ; and in makeing their assessment to esti-
mate houses and lands at six years' income of the yearly rents whereat
they may reasonably be sett or lett for in the [plajces where they lye
(s'aveing all contracts betwixt landlord and tenant, and where no such
contract is, the landlord to I'e-imburse the one-halfe of the tax set upon
such houses and lands), and to estimate Indian, negro and molatto ser-
vants proportionably as other personal estate, according to their sound
judgement and discretion ; also to estimate every ox of four years old
and upwards, at forty shillings ; eveiy cowe of three years old and up-
wards, at thirty shillings ; every horse and mare of three years old and
upwards, at forty shillings ; every swine of one year old and upwards,
at eight shillings ; and every sheep of one year old and upwards, at four
shillings : likewise requiring the assessors to make a fixir list of the said
assessment, setting forth in distinct columns, against each particular
person's name, how much he or she is assessed at for polls and how
much for houses and lands, and how much for personal estate and in-
come by trade or faculty ; and the list or lists so perfected and signed
by them, or the major part of them, to commit to the collector, consta-
ble or constables of such town or district, 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 him-
selfe sometime before the last day of August next.

[Sect. 3. J And the treasurer for the time being, upon the receipt
of such certificate, is hereby impowred and ordered to issue forth his
warrants to the collector, constable or constables of such town or dis-
trict, requiring him or them respectively to collect the one-halfe of each
respective sum assessed on each particular person, before the last day of
November next, and to pay in the same and issue the accompts thereof
at or before the said last of November; and to collect the other halfe
of each particular person's assessment, and pay in the same into the
treasury, and issue the accompts of the whole with himselfe, or the treas-
urer for the time being, at or before the last day of May, which will be
in the year of our Lord one thousand seven hundred and eight.

And be it further enacted by the authority aforesaid^

[Sect. 4.] That the assessors of each town and district, respectively,
in convenient time before their makeing the assessment, shall give sea-
sonable warning to the inhabitants in a town meeting, or by posting up
notification in some place or places in such town or district, or other-
wise to notify the inhabitants to give or bring in to the said assessors
true and perfect lists of their polls and ratable estate.

[Sect. 5.] And if any person or persons shall neglect or refuse so
to do, or bring in a false list, it shall be lawful to and for the assessors

[1st Sess.] Province Laws. — 1707. 611

to assess such person or persons, according to their known ability within
such town, in their sound judgement and discretion, their due propor-
tion to this tax as near as they can, according to the rules herein given,
annexing the penalty of five shillings for each that shall and may be
convicted of bringing in a false bill ; and said fine shall be for the use
of the poor of such town or district where the delinquent lives.

And be it further enacted hy the authority aforesaid^

[Sect. 6.] That the treasurer do abate the sum of sixty pounds to
JohnWalley, esquire, formerly commissioner of impost and excise, which
sum is due from insolvent persons ; and to abate the sum of forty-eight
pounds to the town of Framingham, which they were doom'd to pay
before they Avere a tOAvnship ; the sum of one pound and seven shillings
to Desire Clap, late constable of Dorchester, and the sum of four shil-
lings to John Man, late constable of Milton ; the treasurer to have
credit in his next accompts for the said abatements.

And whereas many debentures and certificates are not brought in
that should have been brought into the treasury before the last day of
May last ; for releife whereof, and that said debentures may be duly
paid, —

[Sect. 7.] There is further liberty granted for bringing in the same
before the last day of May next, any law or act to the contrary not-
withstanding. [Passed June 13 ; published July 4.

612

Province Laws. — 1707.

[Chap. 5.]

ACTS

Passed at the Session begun and held at Boston,
ON the Thirteenth day of August, A.D. 1707.

Deserting the
frontiers.
1699-1700,ch. 22.

Punishing of
officers and
soldiers.
170i-5, ciiap. 7.

Indian enemy
and rebels.
1703-7, chap. 7.
Soldiers, &<;.,
not to l)f ar-
rested for debt.
.1704-5, chap. 10.

I69a-17e0,ch. 17.

CHAPTER 5.

AN ACT FOR THE RAISING AND GOVERNMENT OF SOULDIERS.

Inasmuch as the safety and defence of her majesty's subjects and
interests within this province in time of war, &c., has been duely
advised on, and well provided for, by divers necessary directions and
powers given to the colonels and commission officers of the militia in
the several parts, as also to the commission officers in command of the
forces from time to time raised for her majesty's service, and under pay,
contained in several acts made and passed by the general assembly, which
acts were made only temporary, and by their respective limitations are
expired or near expiring, and are necessary to be revived and further
continued, and to be carefully observed and vigorously practised, as
they ought, and the officers excited to their duty in this time of com-
mon danger, —

Se it therefore declared and enacted hy JERs Excellency the Gov-
ernour, Council and Jtepresentatives in General Court assemhledy and
by the authority of the same,

[Sect. 1.] That the several acts and laws herein enumerated by
their several titles ; that is to say, the act intituled " An Act to pre-
vent the deserting of the frontiers of this province," made and passed
in the twelfth year of the reign of his late majesty King William the
Third ; the act intituled " An Act for punishing of officers and soul-
diers retained in her majesty's service and under pay," made and pass'd
in the third year of her present majesty's reign ; the act intituled
" An Act to encourage the prosecution of the Indian enemy and
rebels ; " and the act intituled " An Act against souldiers and seamen
in her majesty's service being arrested for debt," pass'd in the third and
fifth years of her present majesty's reign ; and all and singular the
paragraphs, clauses, articles, directions, powers, penalties, forfeitures,
reference-, matters and things in the said several acts and every of
them respectively contained, be and hereby are revived, re-enacted and
directed to abide and remain in foi'ce, and accordingly to be exercised,
practised and put in execution as occasion shall require, until the end
of the session of this court to be in May, anno Domini one thousand
seven hundred and nine, if the war with France so long continue, and
not afterwards ; and further,

[Sect. 2.] That the act intituled " An Act for puting the militia
of this province into a readiness for defence of the same," be carefully
observed, and vigorously prosecuted. [Passed August 16 ; published
August 18.

[2d Sess.] Province Laws.— 1707. 613

CHAPTER 6.

AN ACT FOR THE CONTINUANCE OF PROCESS AND JUDICIAL PROCEED-
INGS DEPENDING IN THE INFERIOUR COURT OF COMMON PLEAS AP-
POINTED BY LAW TO HAVE BEEN HOLDEN AND KEPT AT BOSTON, FOR
THE COUNTY OF SUFFOLK, ON THE FIRST TUESDAY OF JULY LAST
PAST, ANNO 1707.

Whereas two of the justices of the said inferiour court of common
pleas, at the time appointed by law for holding the same, were, and
still arc, necessarily imployed in her majesty's service, in command of
the expedition to Nova Scotia and L'Accadie, for which reason the said
inferiour court was adjourned unto the first Tuesday of September
next, and the said justices may probably be detained in the service
beyond the said time of the adjournment, whereby the said court -svill
be discontinued; now, to the intent that there be no failure of justice,
nor unnecessary expence to the parties concerned in the said court, —

JBe it enacted by His Excellency the Governour^ Council and Repre-
sentatives in General Court assembled, and by the authority of the same,

[Sect. 1.] That all writts, pleas, actions, suits, plaints, process, pre- writs, &e^eon-
cepts, bail-bonds, or other thing or things whatsoever, returned or {Jfr'^^url ***
depending or that had day or days in the said inferiour coui-t of com-
mon pleas, to have been holden and kept on the said first Tuesday of
July last past, or at the said adjournment thereof, shall stand and con-
tinue and are hereby continued unto the inferiour court of common
pleas to be holden at Boston, on the fii-st Tuesday of October next,
and may be there pleaded, heard and proceeded upon.

[Sect. 2.] And all parties that had day, by any writts, pleas, Suitors, &c.,
actions, suits, plaints, process, precepts, or other thing or things what- t^nl in oet*ober
soever, at or in the said inferiour court, to have been holden and kept as court,
aforesaid on the first Tuesday of July last past, shall I'espectively
appear at the inferiour court to be holden at Boston, for the county of
Sufiblk, on the first Tuesday of October next, under the penalty of
forfeiting their bail-bonds, or recognizances, conditioned for the appear-
ance of the said parties, or any other penalty that might have incurred
upon the said parties for not appearing at the said inferiour court on
the first Tuesday of July last past, or at the adjournment aforesaid, if
the same had then been holden and kept : provided, nevertheless, and,

[Sect. 3.] It is not to be understood by anything herein contained. Jurors to be
that the petit jurors chosen to serve at the said inferiour court to have *=*^°**''-
been holden on the first Tuesday of July last past, are obliged to
appear and serve at the said inferiour court to be holden on the first
Tuesday of October next, but that new jurors shall be chosen to serve
at the said court as of course, and the former jury's are hereby dismiss'd.
\Passed August 16 ; published August 18.

614 Province Laws.— 1707. [Chap. 7.]

ACTS

Passed at the Session begun and held at Boston,
ON THE Twenty-Ninth day of October, A.D. 1707.

CHAPTER 7.

AN ACT FOR BETTER INQUIRY INTO THE RATABLE ESTATE OF THE RE-
SPECTIVE TOWNS OF THIS PROVINCE.

Be it enacted hy His Excellency the Governour^ Council and Mepre-
setitatives in General Court assembled, and by the authority of the
same.
Commissioner [Sect. 1.] That every town and precinct within this province shall
be ckoeen?^ *** forthwith, after the publication hereof, make choice of and appoint
some able and discreet person to be a commissioner, with three, five,
seven or nine trustees, to take and make a valuation of all the ratable
estate here[m]after mentioned, real and personal, in such town or pre-
cinct, and farmes and inhabitants lying adjacent there[to], not taken
and valued with any other town or peculiar.
Valuation to be [Sect. 2.] Two of which said persons, in each town and peculiar,
**''*°* shall go and demand, at the usual place of the aboade of each inhabi-

tant, respectively, in such said town or peculiar (if they are not other-
wise truely informed to their satisfaction), an account of all male polls
and ratable estate (of each inhabitant), both real and personal ; viz..
Bates for valu- goods, warcs, merchandizes, crains, wharfs, valuing them at one penny
* '"^ on the pound ; and all deckt vessels at thirty shillings per tun, at one

penny on the pound ; and all other vessels at twenty shillings per tun,
at one penny on the pound ; and all grist-mills, saw-mills, fulling-mills
and iron-works, as other real estate hereafter mentioned, according to
the judgment and discretion of the trustees, in the occupation and
improvement of what person or persons soever.

[Sect. 3.] And having taken a list of all polls, houses, warehouses,
tillage, pasture, marsh-ground, and moAving-land and orchards, with the
number of acres that each improve, said commissioners and trustees, in
each town and precinct, shall make a true and just valuation, accord-
ing to their best judgment and discretion, estimating all housing and
lands in improvement, crains, wharves, mills, &c., at six years' income,
as they may be reasonably set or let for in the places where they lye
(without any subduction for repairs), at one penny on the pound.

[Sect. 4.] And if any person refuse or neglect to give in a true list,
or give in a false list of his or her or their ratable polls and estate as
aforesaid, such commissioner and trustees shall make a list or estimation

[3d Sess.] Province Laws.— 1707. 615

of his or their ratable estate, according to their best judgment and dis-
cretion, by information or view, which they may and are hereby
impowred to take, of such person or persons' polls and estates, real and
personal.

[Sect. 5.] And such commissioner and trustees, in each town and
precinct, shall make a true list, with four distinct columns, of all said
polls above the age of sixteen years, and of real and personal estates
and faculties, except the governour or commander-in-chief and his
family, the president, fellows, and students of Harvard CoUedge, setled
ministers and grammer-school masters, who are hereby exempted, as well
from being taxed for the poll as for their estate, being in their own
hands and under their actual management and improvement ; and other
persons in any town (if such there be), who, through age, infirmity or
Bxtream poverty, in the judgment of said trustees, are not capable to
pay towards publick charges, they may exempt their polls, and so much
of their cstate[s] as, in their prudence, they shall think and judge meet.

[Sect. 6,] And said commissioners and trustees shall estimate Indian, muiat-
Indian, molatto and negro slaves, proportionably as other personal groes'."^"*"
estate, at one penny on the pound ; each male negro above fourteen
years of age, at twenty pounds value ; each female negro of fourteen
years of age and upwards, at fifteen pounds value ; except said trustees,
by reason of their age or infirmity, shall see just cause to make any
abatement of said value, which they are hereby allowed. And all In-
dian, molatto male servants shall be numbred and rated as other polls,
not as personal estate ; and every steer or ox at the age of four years Cattle.
old and upwaixls, at forty shillings value ; and every cow or heifer of
three years old and upwards, at thirty shillings value ; and every mare
or horse of three years old and upwards, at forty shillings value ; and
every swine of one year old and upwards, at eight shillings value ; and
every sheep of one year old and upwards, at four shillings value.

[Sect. 7.] Every of which lists so made and signed by the commis- Meeting of the
sioner, and the major part of said trustees, in each town and precinct, th™i8th oT^"
the commissioner[s] shall carry and present at the shire town of their March,
county, upon the eighteenth day of March next, in this present year
one thousand seven hundred and seven [-8] ; and being met at such
place as the commissioner of the shire town shall direct, they shall then
examine and compare the said lists of each respective town and pre-
cinct, and adjust the same according to the aforesaid valuations.

[Sect. 8.] And if, upon inspecting the lists returned from the sev- Commissioners
eral towns and precincts, it appear to the commissioners of any county ceaiinents'.""
assembled as aforesaid, that any town or precinct within such county
have concealed and kept back any part of their ratable estate or polls
as aforesaid, they are hereby impowred and directed to observe and
report the same unto this court under their hands, or the major part of
them, expressing in what particulars, and to what value, or what num-
ber of polls ; as also what abatements or deductions they may think
ought to be done unto any town or precinct, with their reasons for the
one and other, that this court may judge thereof

[Sect. 9.] And the several lists, being so perfected and signed by Lists to be re-
the major part of said commissioners at the shire towns, shall be deliv- reprefenta-^^
ered to the representatives of each respective town and precinct within tives.
the shire ; and where there is no representative belonging to any town
or precinct, the commissioner of such town or precinct shall commit
the same to the representative of the shire town, who shall transmit
the same to the general court to be holden in May next, one thousand
seven hundred and eight, for a more just apportioning said towns and
counties, (if need be), and for dooming of such as shall neglect to send
a list or lists, and such as shall not have made true and just returas
accordiue: to the rules aforesaid.

616 Province Laws. — 1707. [Chap. 8.]

Provision In [Sect. 10.] And in case any of the commissioners or trustees hap-

case of death, ^^^ ^^ ^^ removed by death, or out of the town they belonged unto

when chosen, such town or precinct shall make choice of others to

supply their place or places of trust.

Penalty for a [Sect. 11.] And if any person or persons shall refuse or neglect to

false list. g^^^ information when demanded, or shall give in a false list of his, her

or their ratable polls [and] [o;*] estate, (being short of what he hath),

unto the commissioner and trustees Avho demand[ed] the same, such

delinquent or delinquents being convicted thereof before any justice of

the peace in the county he belongs unto, shall pay as a fine the sum of

ten shillings to the town treasui'er wherein he lives, or to the selectmen

or overseers of the poor in such town, to be by them improved for the

support of the poor in said town. And if [the^ said commissioners and

trustees do not prosecute such delinquents, they shall return their

names to the town treasurer, or selectmen, or overseers of the j^oor,

who are hereby impoAvred to sue for and recover said fines for the use

aforesaid.

Penalty. [Sect. 12.] And if any commissioner, selectmen or trustees shall

neglect or fail of their duty therein, they shall forfeit and pay each of

them the sum of forty shillings, the one-half to him or them that shall

inform or sue for the same, and the other half to the persons aforesaid,

for the use of the poor in said town Avhere such delinquent dwells.

Allowance. [Sect. 13.] And the several commissioners, selectmen and trustees

shall be allowed two shillings and sixpence jper diem for their service,

This to be the to be paid out of their respective town treasuries ; and the issue of this

i7ol. '^^^^^ to be the rule for the publick taxes in the year one thousand seven

hundred and eight. [^Passed November 29 ; published December 9.

CHAPTER 8.

AN ACT FOR RESTORING BOSTON TO THE GENERAL RULES FOR OTHER
THE TOWNS THROUGHOUT THE PROVINCE, AS TO TOWN RATES.

1699-I700,cli. 26. Whereas, in and by an act entituled " An Act directing how rates
or taxes to be granted by the general assembly shall be assessed and
collected," pass'd in the twelfth year of the reign of his late majesty,
King "William the Third, and since revived and continued by an act

170&-7, chap. 3.

pass'd in the fifth year of her present majesty's reign, amongst other
things therein contained, it is enacted, " that all county and town rates
be apportioned upon inhabitants and estate, according to the rule from
time to time prescribed by the act of the general assembly for the
apportioning and assessing of the publick taxes granted iinto her
majesty, &c." ; with a particular clause of saving to the town of Boston,
excepting them out of the general rule prescribed for other towns of
the province ; by reason whereof sundry inconveniencies have followed, —

Ha it therefore declared and enacted by His Excellency the Gov-
ernour, Council and Representatives in General Court assembled^ and
by the authority of the same,

That the saving and clause of exception in the said act for the town
of Boston, be and hereby is repealed and made void ; and that the said
town of Boston bo under the same regulation and general rules pre-
scribed by law for the apportioning and assessing of town rates, Avith
other the towns of the province, any law, usage or custom to the con-
trary notwithstanding. \_Passed December 5 ; published December 9.

Notes. — The engrossments of all the acts of this year are preserved, and all were printed
except chapter four.

No proceedings, either in the Privy Council or before the Lords of Trade, concerning the
acts of this and the succeeding seven years, with a few exceptions, which will be noticed here-

[Notes.] Provinx'e Laws. — 1707. 617

after, have been discovered. As, however, these acts appear as not disallowed, in the edition of
tlie Province Laws, published in London, in 1724, by authoritj' of the Lords Commissioners of
Trade, and as their confirmation has never been disputed, the conjecture that they were rendered
valid by lapse of time, after presentation to the Privy Council, is not without foundation.

The following resolves are referred' to in subsequent acts : —

(a.) "June 12, 1707. The following Resolve, pass'd in y" House of Represent'", was read
& Concur'd ; Viz , —

Resolved that the Sum of Six Thousand Pounds of Bills of publick Credit on this Province,
be further imprinted by the Committee that imprinted the last. The Bills to be of like Sums,
proportionably, as those last made, and the jiay for Making them, in the same Proportion, & by
the Committee deliver'd to the Treasurer, Taking his Receipt for the same. And the Treasurer
is hereby Directed & Impowerert to Issue forth & Emit the said Sum of Six Thousand Pounds
of Bills, together with Four Thousand Pounds more, of the Bills of publick Credit that are or
shall be received into the Treasury, towards Payment of the publick Debts of the Province
already contracted, & the further growing Charge for the Defence thereof; For Supplying &
Subsisting of the Province Galley, Forts, Garrisons, & Forces raised & to be raised & employed
within the same, & Wages arising for their Service; For Payment of Grants, Salaries & Allow-
ances, made & to be made by this Court, & the incident & contingent Charges necessary for
Support of the Government of this Province, According to such Draughts as, from Time to
Time, shall be made upon him by Wan'., or Order of the Gov., by & with the Advice & Con-
sent of the Council; And the said Bills shall pass out of the Treasury at the Value therein ex-
press'd equivalent to Money; And shall be taken & Accepted, in all publick Payments, at the
Advance and after the Rate of Five Pounds per Cent more; And that the Duties of Impost and
Excise shall be a Fund & Security for the Repayment & Drawing in of the said Bills to the
Treasury again, so far as that will reach.

And as a further Fund & Security for the same. For the Payment of Soldiers' Wages, & for
Defraj-ing the further necessary growing Charge of the Province, the Defence of her Majesties
Subjects & Interests within the same, & Support of the Government thereof, There be & hereby
is Granted unto her most Excellent Majesty, to the Ends & Uses afore''', a Tax of Ten Thou-
sand Pounds; to be levied upon Polls, & Instates both Real & Personal, within this Province,
according to such Rules & in such Proportion, upon the several Towns & Districts within the
same, as shall be Agreed on and Ordered by the Great & General Court or Assembly of this
Province, at their Session in May, Anno 1709 ; & to be paid into the Treas'. on or before y' last
Day of Novem' next after. Consented to: J. Dudley."

— (Council Eecoi-Js, vol. VIII., pp. 321-2.

(h.) " Aug. IG"', 1707. The following Order, pass'd by the House of Represent'", was Read
& Concur'd; Viz., —

Whereas two of the Committee appointed to make & sign the publick Bills of Credit are
absent, & not like soon to be here to sign & perfect the new Bills, W"'' they were directed to
make & deliver to the Treasurer to be by him Emitted & for w'' a Fund is laid, —

Ordered that the Treasurer be directed & impowered to Emit the Sum of Two Thousand
Pounds, of the Bills of publick Credit that are or shall come into the Treasuiy, in Lieu of Two
Thousand Pounds of the s* new Bills, if Need be. Consented to : J. Dudley."

—Ibid., p. 329.

(c.) "Nov. 28, 1707. The following Resolve, pass'd in y« House of Represent'", Read &
Concur'd; Viz., —

Resolved that the Sum of Ten Thousand Pounds of Bills of publick Credit on this Prov-
ince, be further Imprinted hy the Comm'<^« that imprinted the last Bills, with such Person or Per-
sons as this Court have or shall add, to be of like Sums, proportionably, as those last made; &
the Pay for Making them, in the same Proportion; And by the Committee delivered to the
Treasurer, Taking his Receipt for the same. And the Treasurer is hereby Directed &
Impowered to Issue forth & Emit the said Sum of Ten Thousand Pounds, Together with Ten
Thousand Pounds more, of the Bills of publick Credit that are or shall be received into the
Treasur}-, Towards Paj'ment of the publick Debts of the Province already contracted, & the
further growing Charge for the Defence thereof; For the Supplying & Subsisting of the Prov-
ince Galley, Forts, Garrisons, & Forces raised & to be raised & employ'd within the same, &
Wages arising for their Service; For Payment of Grants, Salaries & Allowances made & to bo
made by this Court, & the incident & contingent Charges necessarj' for the Support of the
Government of this Province, According to such Draughts as, fiom Time to Time, shall be
made upon him, by Warrant or Order of the Governour, by & with the Advice & Consent of
the Council; And the said Bills shall pass out of the Treasurj'at the Value therein express'd,
equivalent to Money, And shall betaken & Accepted, in all publick Payments, at the Advance
and after the Rate of Five Pounds per Centum more ; And that the Duties of Impost & Excise
shall be a Fund and Security for the Repaym' & Drawing in of the said Bills to the Treasuiy
again, so far as that will reach.

And, as a further Fund & Security for the same. For the Paying of the Soldiers' Wages, &
for Defraj-ing the further necessary growing Charge of the Province, the Defence of Her
Majesties Subjects & Interests within the same, & Support of the Government thereof. There
be & hereby is granted unto her most Excellent Majesty, for the Ends & Uses aforesaid, a Tax
of Twenty Thousand Pounds; Twelve Thousand Pounds thereof to be levied upon Polls, &
Instates both Real & Personal, within this Province, according to such Rules & in such Pro-
portion, npon the several Towns & Districts with the same, as shall be Agreed on & Ordered
by the Great & General Court or Assembly of this Province, at their Session in May, 1709 ; To
be paid into the Treasurer, One Thousand Pounds thereof on or before the last Day of Novem-
ber next after, & Eleven Thousand Pounds thereof on or before the last Day of May, Anno
1710: The remaining Eight Thousand Pounds to be levied, as aforesaid, at the Session of this
Court in May, Anno 1710, And paid into the Treasurer on or before the last Day of November
next after. Consented to: J. Dudley."

—Ibid., pp. 353-4.

ACTS,

Passed 1708—9.

[619J

ACTS

Passed at the Session begun and held at Boston,
ON the Twenty-Sixth day of May, A.D. 1708.

CHAPTER 1.

AN ACT FOR REVIVING AND FURTHER CONTINUING OF SEVERAL ACTS

NEAR EXPIRING.

Whereas the act intituled " An Act granting unto her majesty an
excise upon wines, liquors and strong drink sold by retail," the act
intituled " An Act granting unto her majesty several rates and duties
of impost and tannage of shipping," both made and passed in the
second year of her present majesty's reign, have been continued year
by year ever since, being now near determining, are necessary to be
revived and further continued until other and better provision be
made, —

Be it therefore enacted and declared by His Excellency the Governour^
Council and Representatives in General Court assembled, and by the
authority of the same,

[Sect. 1.] That the two several acts entituled as abovesaid ; namely. Excise and im-
the act entituled " An Act granting unto her majesty an excise upon post-
wines, liquors and strong drink sold by retail," the act entituled " An iro3-4, chap. 5.
Act granting unto her majesty several duties of impost and tunnage of 1703-4, chap. 4.
shipping," and all and singular the paragraphs, articles, clauses, powers,
penalties, forfeitures, references, matters and things contained in the
said several acts, be and hereby are revived, and further continued in
force, and accordingly to be practised, exercised and put in execution
until the twenty-ninth day of June, which will be in the year of our
Lord one thousand seven hundred and nine, any proviso or limitation
in the said acts or either of them notAvithstanding.

A7id be it further enacted by the authority aforesaid,

[Sect. 2.] That for and during the present war Avith France, the Tonnage to be
duty of tunnage of shipping shall be paid in good new gunpowder, and p"'^ in gun-
in no other specie, any law, usage or custom to the contrary notwith-
standing; and the commissioner and receiver is hereby impowred to
demand and require 2)ayment of the said duty accordingly.

And further it is enacted by the authority aforesaid,

[Sect. 3.] That the act intituled "An Act to encourage the prose-
cution of the Indian enemy and rebels," made and pass'd in the fifth
year of her present majesty's reign, and the several paragraphs, articles
and clauses therein contained, with this alteration and addition onely, in
the third article of proemium or reward ; viz., to volunteers without pay Premium for an
or subsistance, for a male Indian enemy or rebel capable of bearino- ^'^^'^^^ ^c^'p-
arms, or above the age of twelve years, one hundred pounds instead of ^"*^''' '^^^'^' '*
fifty, be and hereby are revived and further continued to be and abide

622

Province Laws. — 1708-9.

[Chaps. 2, 3.]

in force, exercised, practis'd and put in execution accordingly, until the
twenty-ninth day of June, one thousand seven hundred and nine, and
not afterwards. [_JPassed June 26 ; published June 28.

CHAPTER 2.

AN ACT DECLARING THE REGAL STYLE.

Whereas the long and much desired union of her majesty's two
kingdoms of England and Scotland has lately been happily effected,
and the said two kingdoms of England and Scotland, by act of parlia-
ment, made and pass'd in the fifth year of her present majesty's reign,
were, upon the first day of May, in the year one thousand seven hun-
dred and seven, and forever after are united into one kingdom, by the
name of GREAT BRITAIN, and the regal style thereupon altered
to QuEEJ^ OF Great Britain, France and Ireland, Defender
OF THE Faith, &c., —

J3e it therefore enacted and declared hy His Excellency the Governour^
Council and Representatives in General Court assembled, and by the
authority of the same,

That the writ for calling a general assembly, all writs original and
judicial, and other process in the courts of law, commissions, and other
instruments in which the regal style is used, be henceforth drawn and
made out in her majesty's name ; viz., —

Anne, by the grace of God, of Great Britain, France and
Ireland, Queen, Defender of the Faith, &c. ; any law, usage or
custom to the contrary notwithstanding. [Passed June 4 ; published
June 28.

Writ or attach-
ment to be en-
dorsed by_ the
party taking
out the same

No person to
entertain more
than two attor-
neys.

Attorney to
draw a new
writ without a
fiee, incase.

CHAPTER 3.

AN ACT TO PREVENT CAUSELESS ARRESTS, &c.

Be it enacted hy IBs Excellency the Governour, Council and Hepre-
sentatives in General Court assembled, and by the authority of the same,

[Sect. 1.] That every person, principal or attourny, taking out a
writ or attachment against another, before he receive it out of the
clerk's oifice, shall endorse his sirname on the back thereof towards the
bottom, and shall stand chargable and be liable to answer and pay to
the adverse party his cost arising by the aiTcst, and charge of impris-
onment (if any be), to be taxed in common form, by the judges of the
court where the writ is returnable, in case of non-prosecution, discon-
tinuance, or that the plaintiff be nonsuit, or judgment pass against him,
to be levied on the attourney that endors'd and took out such writ if
the principal be without the jurisdiction of the court, or be unable to
pay the same,

[Sect. 2.] And no person shall entertain more than two of the
sworn allow'd attourneys-at-law, that the adverse party may have lib-
erty to retain others of them to assist him, upon his tender of the estab-
lish'd fee, Avhich they may not refuse.

And be it further enacted by the authority aforesaid,

[Sect. 3.] That if the plaintiff in any action suffer a nonsuit,
through the default, negligence or omission of his attourney that drew
the writ, being an attourney at law, practising and legally admitted in
the courts of law within this province, by mislaying of the action or

[1st Sess.] Province Laws. — 1708-9. 623

otherwise, such attoumey shall draw a new writ without a fee, in case
the plaintiff see cause to revive his suit.

[Sect. 4.] This act to continue for the space of three years, and no
longer. [I^assed June 16 ; 'published June 28.

CHAPTER 4.

AN ACT IN ADDITION TO AND EXPLANATION OF THE ACT FOR PREVEN"-
TION OF COMMON NUSANCES.

Whereas, in the act entituled "An Act for prevention of common 1692-3, chap. 23.
nusances arising by slaughter-houses, still-houses, tallow-chandlers and
curriers," made and passed in the fourth year of the reign of King Wil-
liam and Queen Mary, it is directed and ordered, that there be houses
specially assign'd for the killing of meat, distilling, trying of tallow and
cun-ying of leather, where they may be less offensive, and that the said
callings be exercised in no other places, —

Be it declared and enacted by His Excellency the Governour, Coun-
cil and Representatives in General Court assembled^ and by the
authority of the same^

That the dressing of leather, either with lime, allom or oyl, and par- Leather-dresa-
ticularly the latter, is intended, comprehended and so to be understood "nded^mi
in the said act under the denomination of curriers ; and is hereby de- the denomina-
clared a common nusance, and forbidden under the pains and penalties er°3?^ °^ ^""^"
in the said act mentioned. [Passed June 29 ; published July 6.

CHAPTER 5.

AN ACT IN ADDITION TO THE ACT FOR THE RELIEF OF IDEOTS AND DIS-
TRACTED PERSONS.

Whereas, in and by the act intituled " An Act for the relief of 1693-4, chap. is.
ideots and distracted persons," made and passed sexto Willielmi S
MaricB, the justices of the superiour court of judicature are directed and
impowred to license and authorize the selectmen or overseers of the
poor of the town or place whereto such impotent or distracted person
belongs, or such others as the said justices shall think fit, to make sale
of the housing and land of any such impotent or distracted person, the
produce thereof upon sale to be secured, improv'd and imployed to and
for the use, relief and safety of such person as the justices shall direct,
as long as the person shall live, or until he or she be restored to be of
sound mind, and the overplus, if any be, to and for the use of the
next and right heirs of such party ; which uses being so restrained and
limited, the just debts of the party (in case such there be), cannot be
paid thereout, which exposes the estate to loss and charge of lawsuits
for recovery thereof, —

£e it therefore declared and enacted by Sis Excellency the Govern-
our^ Council and Mejyresentatives in General Coxirt assembled, and by
the authority of the same,

Tliat the goods, chattels, housing and lands of any impotent or dis- Estate of dte-
tracted person, or the produce thereof, upon sale made by license and guy'^ct to^the"*
impowermcnt as aforesaid, be subject in the first place, and be accord- payment of
ingly so directed and applyed to the payment of the just debts owing ^^^*^«'>'»-
by sucli person, which were contracted before the time of his or her
distraction, any restriction or limitation in the afore-recited act, law,
usage or custom to the contrary notwithstanding. [Passed July 2 ;
published July 6.

624 pRoriNCR Laws.— 1708-9. [Chap. 6.]

CHAPTER 6.

AN ACT FOR APPORTIONING AND ASSESSING OF TWO SEVERAL TAXES
ON POLLS AND ESTATES PURSUANT TO THE FUNDS AND GRANTS MADE
TO HER MAJESTY BY THE GENEHAL ASSEMBLY IN THE YEAR 1706.

Whereas the great and general court or assembly of the province
of the Massachusetts Bay in New England, at their session in the year
one thousand seven hundred and six, did make and pass two several
grants of taxes as funds and security for the repayment and drawing in
of several sums in the bills of credit on this province, ordered to be
imprinted, repeated and issued out of the publick treasury, that is to
say, at their session begun the twenty-third day of October, a grant of
twelve thousand pounds,* and at their session begun the fifth day of
March following, in the same year 1706, a grant of ten thousand
pounds,! — in all twenty-two thousand pounds, applyed to the ends and
uses in the said grants severally enumerated and expressed, which said
two grants respectively wei'e to be assessed and levyed on polls and
estates in the several towns and districts within this province, accord-
ing to such rules and in such proportion as should be agreed on and
directed by this com-t at their present session ; wherefore, for the per-
fecting of the two grants made unto her most excellent majesty as
above recited, which are hereby unanimously approved, ratifyed and
confirmed, we, her majesty's loyal and dutiful subjects, the representa-
tives of her majesty's province aforesaid, in general court assembled,
pray that it may be enacted, —

And be it accordingly enacted hy His Excellency the Governour,
Council and Representatives in General Court assembled, and by the
authority of the same,

[Sect. 1.] That each town and district within this province shall
be assessed and pay as its proportion of the said twenty-two thousand
pounds, and the further additional sura of nine hundred eighty-six
pounds seven shillings and fourpence, (in which is included an arrear of
one hundred and five pounds nine shillings and twopence, due from
the town of Boston, and twenty-seven pounds eleven shillings, an
arrear due from Dartmouth,) which nine liundred eighty-six pounds
seven shillings and one pennyl is hereby applyed to and for the payment
and drawing in a like sum in the outstanding bills of credit on this
province, the sum hereafter mentioned ; that is to say, —

IN THE COUNTY OF SUFFOLK.

Boston, four thousand two hundred seventy-two pounds

fifteen shillings ninepence, £4,272 Ihs.^d.

Roxbury, three hundred and twenty pounds, . . 320 0 0
Dorchester, four hundred and forty pounds, . . . 440 0 0
Hingham, three hundred and sixty pounds, . . . 360 0 0
Brantrey, three hundred and twenty pounds, . . 320 0 0
Dedham, two hundred and fifty pounds, . . . 250 0 0
Medfield, two hundred thirty-five pounds ten shil-
lings, 235 10 0

Weymouth, one hundred ninety-five pounds, . . 195 0 0

Milton, one hundred and fifty pounds, . . . . 150 0 0

Hull, eighty pounds ten shillings, 80 10 0

Wrentham, seventy-seven pounds ten shillings, . . 77 10 0

Mendon, eighty pounds, 80 0 0

Woodstock, seventy-five pounds, 75 0 0

Brooklyn, one hundred and fifteen pounds, . . . 115 0 0

* Notes to 1706-7, resolve (6.). \ Ibid., resolve (c). t Sic.

[1st Sess.]

Peovince Laws. — 1708-9.

625

IN THE COUKTT OF MIDDLESEX.

Charlestown, five hunclred and ninety pounds,
Watertown, four hundred tliirty-thrce pounds ten shil

lings,

Cambridge, three hundred ninety-eight pounds ten shil

lings,

Concord, three hundred and forty pounds, .

Wobourne, three hundred thirty-three pounds,

Heading, two hundred fifty-four pounds ten shillings,

Sudbury, two hundred fifty-one pounds,

Marlboro, two hundred and fifty pounds ten shillings,

Newtown, two hundred pounds ten shillings.

Maiden, one hundred and ninety pounds,

Chelmsford, one hundred sixty-seven pounds,

Bilrica, one hundred sixty-one pounds ten shillings,

Sherborn, one hundred thirty-nine pounds,

Groton, fifty pounds, ....

Lancaster, fifty pounds,

Framingham, ninety pounds,

Medford, seventy-four pounds ten shillings,

Stowe, fifty-five pounds,

Dunstable, ten pounds, ....

Dracutt, ten pounds, ....

IN THE COUNTY OP BRISTOL.

Bristol, two hundred and twenty pounds,

Taunton, three hundred ninety-three pounds three shil-
lings elevenpence, .......

Dartmouth, four hundred thirty-seven pounds eleven
shillings, .........

Rehoboth, two himdred and sixty pounds, .

Little Compton, two hundred and sixty pounds, .

Swanzy, two hundred sixty-five pounds,

Tiverton, two hundred pounds,

Freetown, seventy pounds,

Attleborough, forty pounds,

IN THE COUNTY OF YORKE.

York,

Kittery,

Wells,

IN THE COUNTY OF ESSEX.

Salem, eight hundred and fourteen pounds,

Ipswitch, one thousand pounds, .

Newbury, six hundred ninety-eight pounds ten shil-
lings,

Marblehead, three hundred sixty-eight pounds,

Lynn, three hundred and thirty pounds,

Andover, three hundred twenty-four pounds,

Beverly, two hundred sixty-one pounds,

RoAvley, two hundi'ed and fifty pounds,

Salisbury, one hundred eighty-five pounds, .

Haverhill, two hundred pounds, .

Glocester, two hundred and one pounds eleven shillings
and eightpence, ....

Topsfield, one hundred and eighty pounds,

Boxford, one hundred thirty-eight pounds ten shillings,

Wenham, one hundred twenty-eight pounds,

£590 05

0^.

433 10

398 10

340 0

333 0

254 10

251 0

250 10

200 10

190 0

167 0

161 10

139 0

50 0

90 0

74 10

55 0

10 0

220 0

393 3 11

437 11

260 0

265 0

200 0

70 0

40 0

0 0

814 0

1,000 0

698 10

368 0

330 0

324 0

261 0

250 0

185 0

200 0

201 11

180 0

138 10

128 0

626

PnoTLNXE Laws. — 1708-9.

[Chap. 6.]

Amesbury, one hundred and ten pounds, . . . £110 Os. Od.
Bradford, one hundred twenty-five pounds twelve shil-
lings sixpence, 125 12 6

Manchester, forty-six pounds, 46 0 0

IK THE COUNTY OF HAMPSHIRE.

Springfield, two hundred seventy-two pounds, . . 272 0 0

Northampton, two hundred twenty pounds ten shillings, 220 10 0

Hadley, one hundred fifty-seven pounds ten shillings, . 157 10 0

Hatfield, one hundred thirty-six pounds ten shillings, . 136 10 0

Westfield, one hundred pounds, 100 0 0

Suflield, seventy pounds, 70 0 0

Enfield, sixty pounds, 60 0 0

Deerfield, thirty pounds, 30 0 0

DT THE COTTNTT OF PLYMOUTH.

Plymouth, two hundred and twelve pounds, . . 212 0 0

Plimpton, one hundred and eight pounds, . . . 108 0 0

Situate, four hundred pounds, 400 0 0

Bridgwater, two hundred thirty-six pounds ten shillings, 236 10 0

Marshfield, two hundred and seven pounds, . . . 207 0 0

Duxbury, one hundred and ninety pounds, . . . 190 0 0

Middleboro, one hundred pounds, .... 100 0 0

Rochester, eighty pounds, 80 0 0

IN THE COUNTY OF BARNSTABLE.

Barnstable, three hundred and eighty pounds, . . 380 0 0
Eastham, two hundred and seventy pounds twelve shil-
lings sixpence, . 270 12 6

Sandwich, two hundred and seventy pounds, . . 270 0 0

Yarmouth, two hundred and eight pounds, . . . 208 0 0

Harwich, one hundred and twenty pounds, . . . 120 0 0

Falmouth, seventy-three pounds ten shillings, . . 73 10 0

Manimoit, sixty-nine pounds ten shillings, . . . 69 10 0

IN DUKES COUNTY.

Chilmark, one hundred and five pounds,
Edgertown, one hundred and three pounds, .
Tisbury, sixty-one pounds, ....

Nantuckett, two hundi-ed and tAventy pounds,

105 0 0

103 0 0

61 0 0

220 0 0

Amounting in the whole to the sum of twenty-two thousand nine
hundred eighty-six pounds seven shillings and fourpence.
And be it further enacted by the authority aforesaid,
[Sect. 2.] That the treasurer do forthwith send out his warrants,
directed to the selectmen or assessors of each town or district within
this province, requiring them, respectively, to assess the sum hereby set
upon such town or district, in manner following ; vizt., to assess all rata-
ble male polls above the age of sixteen years, at ten shillings the poll
(except the governour, lieutenant-governour, their familys, the presi-
dent, fellows and students of Harvard Colledge, setled ministers and
gramar-school masters), who are hereby exempted, as well from being
taxed for their polls as for their estates, being in their own hand, and
under their actual management and improvement ; and other j^ersons
in any town (if such there be), who through age, infirmity or extream
poverty, in the judgement of the assessors are not capable to pay tow-
ards publick charges, they may exempt their polls and so much of
their estate as in their prudence they shall think and judge meet ; and

[1st Sess.] Province Laws. — 1708-9. 627

all estate, both real aud personal, lying Avitliin tlie limits and bounds of
such town or district, or next unto the same, not paying elsewhere, in
whose hands, tenure, occujiation or possession soever the same is or
shall be found ; and income by any trade or faculty, which any person
or 2^crsons (except as before excepted), do or shall exercise, in gaining
by moneys or other estate not particularly otherwise assest, or commis-
sions of profit in their improvement ; according to their understanding
and cunning, at one penny on the i:)ound ; and to abate or multiply the
same, if need be, so as to make up the sum hereby set and ordered for
such town or district to pay ; and iu makeing their assessment, to esti-
mate houses and lands at six years' income of the yearly rents whereat
they may be reasonably sett or lett for in the places where they lye
(savemg all contracts betwixt landlord and tenant, and where no such
contract is, the landlord to re-imburse the one-halfe of the tax sett upon
such houses and lands), and to estimate Indian, negro and molatto ser-
vants, proportion ably, as other personal estate, according to their sound
judgement and discretion ; also to estimate every ox of four years old
and upwards, at forty shillings ; every cowe of three years old and up-
wards, at thirty shillings ; every horse and mare of three years old and
upwards, at forty shillings ; every swine of one year old and upwards,
at eight shillings ; and every sheep of one year old and upwards, at
four shillings ; likewise requiring the assessors to make a fair list of the
said assessment, setting forth in distinct columns against each i^articular
person's name how much he or she is assessed at for polls, and how
much for houses and lands, and how much for personal estate, and in-
come by trade 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 district, 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 himselfe,
some time before the last day of August next.

[Sect. 3.] And the treasurer for the time being, upon the receipt
of such cei-tificate, is hereby impowred and ordered to issue forth his
warrants to the collectors, constable or constables of such town or dis-
trict, requiring him or them, respectively, to collect the one-halfe of each
respective sum assessed on each particular person, before the last day of
November next, and of the inhabitants of the town of Boston to col-
lect their proportion sometime in the month of September, foregoing ;
and to pay in their collections and issue the accompts of their first halfe
at or before the last day of November aforesaid (onely for Boston at or
before the last day of the said month of September), and to collect the
other halfe of each particular person's assessment, and pay in the same
into the treasury, and issue the accompts of the whole with himselfe, or
the treasurer for the time being, at or before the last day of May, which
will be in the year of our Lord one thousand seven hundred and nine.
And be it further enacted hy the authority aforesaid^
[Sect. 4.] That the assessors of each town and district, respectively,
in convenient time before their makeing the assessment, shall give sea-
sonable warning to the inhabitants in a town meeting, or by posting up
notifications in some place or places in such town or district, or other-
wise to notify the inhabitants to give or bring in to the said assessors
true and perfect lists of their polls and ratable estate ; and if any per-
son or persons shall neglect or refuse so to do, or bi-ing in a false list, it
shall be lawful to and for the assessors to assess such jDcrson or persons
according to their known ability, within such town, in their sound
judgement and discretion, their due proportion to this tax, as near as
they can, according to the rules herein given, annexing the penalty of
five shillings for each that shall and may be convicted of bringing in a

628 Province Laws.— 1708-9. [Chap. 6.]

false bill ; and said fine shall be for the use of the poor of such town or
district where the delinquent lives.
And be it further enacted by the authority aforesaid,
[Sect. 5.] That the selectmen of the towns of Boston and Dart-
mouth, respectively, be and are hereby directed and impowred to nom-
inate and appoint one or more collectors within their several towns, to
gather in such and so much of the arrears of each of the said towns,
hereinbefore added to their proportion of the present tax, as are out-
standing 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 be it further enacted by the authority aforesaid,
[Sect. 6.] That the treasurer do abate the sum of six pounds four-
teen shilHngs to the town of Sherborn, being several persons rated in
the return of the list in the year 1700, and the same time returned
in the list of the town of Framingham, [and*] paid their proportion to
Framinghamf the same year and the year following : their proportion
of rates in the two years 1701 and 1702 amounted to [the*] said sum
of six pounds fourteen shilhngs ; Daniel ShefHeld, constable for the year
1701, two pounds fifteen shillings ; Joseph Shefiield, constable for the
year 1702, three pounds nineteen shillings ; the treasurer to have credit
in his next accompt for the said abatement. \JPassed July 1 ; published
July 6.

* This word is obliterated in tie engrossment. t Sic^ Sherborn.

[2d Sess.] Province Laws.— 1708-9. • 629

ACTS

Passed at the Session begun and held at Boston,
ON THE Twentieth day of October, A.D. 1708.

CHAPTER 7.

AN ACT TO ENABLE CREDITORS TO RECEIVE THEIR JUST DEBTS OUT OF
THE EFFECTS OF THEIR ABSENT OR ABSCONDING DEBTORS.

For the better preventing of frauds and deceit, too often designed
and practised by ill-minded debtors, in betrusting and depositing their
goods and effects in the hands of others, with intent to reserve and
secure them to their own use, and defeat their creditors of their just
dues, withdrawing themselves out of the government, or not being
inhabitants within this province, and their goods and effects concealed,
so as they cannot be attached or made liable to the payment of their
creditors by the ordinary process of law, —

JBe it enacted by His Excellency the Governour^ Council and Repre-
sentatives in General Court assembled, and by the authority of the
same,

[Sect. 1.] That it shall and may be lawful to and for any creditor Goods, &c., of
to cause the goods or effects of his absent or absconding debtor, not ^P^ ab'sent'or
residing within this province, to be attached, in whose hand or posses- debtor maf be
sion soever the same are or may be found ; and the attaching of any whose^hand so-
part thereof shall secure and make the whole that is in such person's ever,
hand liable in the law to respond the judgment to be recovered upon
such process, if so much there be, and no further ; and shall be sub-
jected to be taken in execution for satisfaction thereof, or so far as the
value thereof Avill extend ; and the person in whose hands they are shall
expose them accordingly.

A7id be it further enacted by the authority aforesaid,

[Sect. 2.] Where no goods, effects or credits of an absent or ab- Where no goods
sconding debtor, in the hands of his attourny, factor, aeent or trustee or effects can

u n 1 »Vj. • 1 ^ , 1 ° , , . "'="'^"-1 be come at, a

shall be expos d to view or can be come at so as to be attached, it shall declaration to
and may be lawful to and for any creditor to file a declaration against summon^sls-
his absent or absconding debtor, in the clerk's office of the inferiour sued.
court of common pleas in the same county where such creditor lives,
therein particularly setting forth his debt and demand, how and for
what cause it arises ; and to cause the attourny, flictor, agent or trus-
tee of such absent or absconding debtor to be served with a summons
out of the office, annex'd to the said declaration, fourteen days before
the sitting of the court, for his appearance at such court ; which being
duly served and return thereof made, under the officer's hand, shall be
sufficient in the law to bring forward a tryal without other or further
summons, unless the debtor be an inhabitant or hath for sometime had
his residence within this province, in which case a like summons, with

630

Peovince Laws. — 1708-9.

[Chap. 7.]

Attorney, &c.,
to be admitted
defendant.

Three impar-
lances of course,

Goods, &c., to
be subjected to
execution upon
judgment re-
covered.

Goods or effects
in hand at the
time of serving
the summons
not to be trans-
ferred, &c.

Oath to be giv-
en.

Judgment, de
boms proprils,
in case.
Costs to be
awarded tlie de-
fendant, in
.case.

'Dl«eha*^3"or
what shiili rte
recovtTftti.

Limitation.

an attested copy of the declaration annext, shall also be left at his
dwelling-house, lodging, or place of his last and usual abode.

[Sect. 3.] And such attourny, factor, agent or trustee, upon his
desire, shall be admitted to defend the suit on behalf of his principal,
throughout the course of the law, and an imparlance shall be granted
of course at three courts successively, that he may have opportunity to
notify his principal thereof; and at the fourth term, without special
matter alledg'd and allowed in bar, abatement or further continuance,
the cause shall peremptorily come to tryal.

[Sect. 4.] And if judgment be rendred for the plaintiff, all the
goods, effects or credits of the debtors which are in the hands of such
attourny, factor, agent or trustee, to the value of such judgment, if so
much there be, shall be liable and subjected to the execution granted
upon such judgment, for or towards satisfying the same ; and from the
time of servuag the summons as aforesaid, shall be liable and secured
in the law, in his hands, to answer the same, and may not be otherwise
disposed of or converted.

[Sect. 5.] And in case any attourny, factor, agent or trustee,
from and after the time of his being serv'd with summons and declara-
tion as aforesaid, against his principal (being an absent or absconding
debtor), shall transfer, remit, dispose of or convert any of the goods,
effects or credits of such debtor, in his hands at the time of such service,
within what shall satisfy the judgment, the debt being aftei'wards ascer-
tained by judgment of court given for the same, or that shall not dis-
cover, expose and subject the goods or credits of the debtor's, in his
hands, to be taken in execution for or towards the satisfiiction of the
judgment, so far as what is in his hands will extend, shall be liable to
satisfy the same of his own proper goods and estate, and as of his own
debt ; and a writ of scire facias may be taken out of the same court
and served upon him as the law directs, to appear and shew cause, if
any he have to the contrary thereof, where, upon default of appearance,
or refusal to disclose upon his oath (which oath the justices of such
court are irapowred to administer) what goods, effects or credits of the
debtor are in his hands, and to what value, and to expose and subject
the same to the execution granted upon the principal judgment, if any
goods, effects or credits be in his hands, then judgment shall be entred
up against him of his own proper goods and estate, and execution be
awarded accordingly : provided, nevertheless, that if the persons so
summon'd as aforesaid had or have not any goods, effects or credits of
the debtor, in his hands, nor any ways remitted, disposed of or con-
verted the same, from and after the serving of the first summons, the
party who commenced the suit shall pay and satisfy the reasonable cost
and charges occasion'd to such person, to be taxed in common form by
the justices of the coui't.

And he it further enacted by the authority aforesaid,

[Sect. 6.] Tliat the goods, effects or credits of any absent debtor,
so taken, as aforesaid, by process and judgment of law, out of the hands
of his attourny, foctor, agent or trustee, by any of his creditors, shall
fully acquit and forever discharge such attourny, foctor, agent or trus-
.tee, his executors or administrators, of, from and against all actions and
suits, damages, payments and demands whatsoever, to be asked, com-
oaaenced, had, claimed or brought by his principal, his executors or
administrators, of and for the same. And if any attourny, factor,
agfint or trustee shall be molested, troubled or sued by his principal
for any thing by him done in pursuance of this act, he may plead the
general issue, and give this act in evidence, any law, usage or custom
to the contrary notwithstanding: provided,

[Sect. 7.] This act sliall continue in force until the last day of
November, [1715] \one thousand seven hundred a^id fifteen'], and not
afterwards. {^Passed Novemher 3 ; publisJied November 8.

[2dSess.] Province Laws.— 1708-9. 631

CHAPTER 8.

AN ACT FOR SUBSISTING OF EIGHTY SOULDIERS AT HER MAJESTY'S

CASTLE WILLIAM.

Whereas her majesty's Castle William hath, at the charge of this
2:)rovince, been lately repaired and made a place of considerahle strength
and importance, and will be much for the security of her majesty's
subjects and interests here, if furnished with a sufficient number of able
souldiers for the defence of the same ; and whereas the method that
has been liitherto practised of impressing men's sons and servants, every
spring, into the said service, has been found prejudicial, for that such
persons have been raw and undisciplin'd, and upon dismission from
the service do not readily foil into their trades and employments ; for
the preventing whereof, and better supplying and securing the said
castle, —

Be it enacted hy His Excellency the Governow\ [tJie'] Council and
Representatives in General Court [assembled], \convened\ and hy the
authority of the satne,

[Sect. 1.] That from and after the last day of March, in the year Eighty soldiers,
of our Lord [1709], [o«e thousand seven hundred and nine'], there shall ^ttu'ecastir'^^'
be subsisted at the said castle, during the space of three years, if the
present Avar with France continue so long (besides a captain, lieutenant,
chaplain, chyrurgion and guiiner), eighty able souldiers, and no more,
who shall constantly be exercised at the small arms and the great artil-
lery, whereby they may be enabled to direct and instruct such as, upon
any extraordinary occasion, may be sent thither as a further re-inforce-
ment.

And be it further enacted by the authority aforesaid,

[Sect. 2,] That no sons within age, or any servants, without the No servants, or
consent both of their parents, masters, and guardians, respectively, toenilst wuh?*^
shall enlist themselves in service at the said castle. outconsent, &c.

[Sect. 3.] And that no person whatsoever, voluntarily enlisting
himself for her majesty's service at the castle, shall, on any occasion
whatsoever, be removed from thence for service elsewhere.

[Sect. 4.] And the captain of the castle shall return a roll of the Koiitobere-
souldiers that shall voluntarily enlist themselves with him to serv[e][ice] *e™^'^/° ^^^ .
in the garrison there, unto this court at their session next after. Biy.

And for further encouragement unto suitable persons to ofler them-
selves voluntarily to the said service, —

It is further enacted by the authority aforesaid,

[Sect. 5.] That there be allowed and paid out of the publick treas- Gratuity to voi-
ury to each person that shall freely enlist himself in the service as a ""i*^^"'
souldier at the said castle (except as is before excepted), the sum of
three pounds, as a gratuity, over and above his pay, upon his being
accepted by the captain and his name entred in the roll as aforesaid.

[Sect. 6.] And upon shewing sufficient reason to the captain-gen- Dismission by
eral or commander-in-chief for the time being, and providing an able genera/"*"
man to serve in his room, may be dismiss'd from the service before the
expiration of the said three years, his voluntary enlistment notwith-
standing. [^Passed November 5 ; published November 8.

632 Province Laws.— 1708-9. [Chap. 9.]

CHAPTER 9.

AN ACT FOR RESTORING THE COURT OF GENERAL SESSIONS OF THE
PEACE, AND INFERIOUR COURT, WITHIN THE COUNTY OF ESSEX, TO THE
FORSIER TIME FOR [THE] HOLDING THE SAME.

Whereas the alteration of the time for holding the court of gen-
eral sessions of the peace, and inferiour court of common pleas, at
Salem, within the county of Essex, from the last Tuesday of December
to the last Tuesday of November, is by experience found many ways
inconvenient, which has been often represented by the judges and offi-
cers of the said courts, —

JBe it enacted by His Excellency the Governour, Council and Mepre-

sentatives in General Court assembled^ and \it is'\ by the authority o^

the same \enacted\

Courts at Salem That the said courts of general sessions of the peace, and inferiour

heid°the last^ court of common pleas shall, from henceforward, be held upon the last

Tuesday in De- Tuesday of December, any law, usage or custom to the contrary not-

meriy. ' * withstanding, and all writs and processes issued forth to be returned to

the last Tuesday of November, shall be returnable to the last Tuesday

of December. \Passed November 5 ; published November 8.

[3d Sess.] Province Laws.— 1708-9. 633

ACTS

Passed at the Session begun and held at Boston,
ON the Sixteenth day of February, A.D. i 708-9.

CHAPTER 10.

AN ACT IN ADDITION TO THE ACT FOR REGULATING THE ASSIZE OF CASK
FOR TAR, PITCH, TURPENTINE, &c., AND FOR PREVENTING FRAUDS AND
DECEIT IN THE SAID COMMODITIES.

Be it enacted by IBs Excellency the Governour^ Council and Hepre^
sentatives in General Court assembled, and by the authority of the same,

[Sect. 1.] That all persons, from and after the publication of this Tar, &c., to be
act, who are makers or drawers of tar, pitch, turpentine and rozin in ^elid with a^*^
any town within this province, shall, after the making thereof and be- braud-mark,
fore they expose the same to sale, set the first letters of their names, uficate^from'^'
with a brand-mark, on the best head of the barrel they put it up in, and the searcher, to
shall also cause the same first to be searched by the searcher, and, upon ^ "^'*
his certificate, to be entered by the town clerk in a particular book for
that end, with the name of the owner, time of entry, and mark, in the
head of every barrel, in the town where the maker or drawer lives ; and Town cierk'3
the town clerk shall be paid by the owner thereof, for recording and a'lf/certifcate'
giving out certificate, the sum of sixpence for each parcel.

[Sect. 2.] And all tar, pitch, turpentine and rozin that shall be sold,
disjjosed of or transported out of the town where it is made, before it
be searched, marked both with the maker and searcher's mark and
recorded as aforesaid, shall be forfeited.

[Sect. 3.] And if any man shall presume to counterfeit another Penalty for
man's mark, on any the said commodities, he shall pay as a fine the sum the mark!*'°^
of four pounds, for each barrel he shall make a counterfeit mark upon.

[Sect. 4.] And the respective ofiicers appointed and to be appointed Fee for search-
in each seaport town within this province to search, suiwey and gage plfg.^^""^^ *^'^"
all tar, pitch, turpentine and rozin, according to the law, shall be paid
for all the said commodities that shall be exported out of the province,
by the shipper, the sum of threepence per barrel for their service
therein, instead of the twopence per barrel in the law already enacted.

And it is further enacted by the authority aforesaid,

[Sect. 5.] That all fines, penalties and forfeitures arismg by force Fines and for-
and virtue of this act, shall be the one-half to the use of the poor of the bJ'dSsed^^ ***
town where the ofience shall be discovered and seizure made, and the
other half to him or them that shall inform and sue for the same in any
of her majesties courts of record Avithin this province, any law, usage
or custom to the contrary notwithstanding. [^Passed February 26,

634

Province Laws. — 1708-9.

[Chap. 11.]

CHAPTER 11.

Duty on Indian
slaves imported
or brought in.

No Indians to
be held as bond-
slaves that are
not certified to
be such.

Grant of forty
shillings per
head for white,
male servants
imported.

AN ACT TO EXCOURAGE THE IMPORTATION OF WHITE SERVANTS.

Be it enacted by His Excellency the Governour^ Council and Repre-
sentatives in General Court assembled, and by the authority of the same,

[Sect. 1.] That from and after the last day of April, one thousand
seven hundred and nine, eveiy master of ship or vessel, merchant or
other person, importing or bringing in to this province any Indian
slaves, male or female, of what age soever, shall enter their number,
names and sex in the impost office, and the master of said ship or ves-
sel, merchant or other person importing or bringing into this province
such Indian slaves shall pay the same duty and be under the same
restrictions and penalties as is provided in the act for the importing
and bringing negro's into this province.

[Sect. 2.] And, that from and after the twenty-ninth day of Sep-
tember, one thousand seven hundred and nine, no Indians imported or
brought into this province shall be reputed and held as bond-slaves, for
whom there is not a certificate from the governour or commander-in-
chief of the plantation from whence they are brought that they are
indeed bond-slaves.

And for the encouragement of the importation of white servants, of
the kingdom of Great Britain, —

J3e it enacted by the authority aforesaid,

[Sect. 3.] That from and after the first day of April, which will be
in the year of our Lord one thousand seven hundred and nine, and for
and during the space of three years next after the said first of April,
any master, merchant, or others, that shall import or bring in and dis-
pose in service within this province any male servants, of the kingdom
of Great Britain, being between the age of eight and twenty-five years,
there shall be paid unto such master, merchant or other person, the
sum of forty shillings per head, gratis, for every such male servant,
bona fide disposed of in service, out of the impost office, and the com-
missioner is hereby ordered and impowred to pay the same, any law,
usage or custom to the contrary notwithstanding. [Passed February
26, 1708-9.

Notes. — The engrossments of all the acts of this year are preserved, except of chapters 10
and 11, and all, but chapter 6, were printed.

Chap. 11. See notes to 1705-6, {chapter 10.)

The following resolves are referred to in subsequent acts : —

(a.) " July 3, 1708. The following Resolve, pass'd by y« House of Represent^", Read &
Concur'd; Viz., —

Resolved that the Treasurer be & hereby is Order'd & Impower'd to Issue forth & Emit
the Sum of Fourteen Thousand Pounds, of the Bills of publick Credit on this Province that are
or shall be received into the Treasury, towards Paj'ment of the publick Debts of the Province
already contracted, & the further growing Charge for the Defence thereof; For the Supplying
& Subsisting of the Province Galley, Forts, Garrisons & Forces, raised & to be raised & em-
ployed within the same, & Wages arising for their Service; For Payment of Grants, Salaries &
Allowances made & to be made by this Court, according to such Draughts as, from Time to
Time, shall be made upon him by Warrant or Order of the Governour, by & with the Advice &
Consent of the Council; And that the said Bills shall pass out of the'Treasur}' at the Value
therein express'd, equivalent to Money; And shall be taken & Accepted, in all publick Paj^-
ments, at the Advance and after the Rate of Five Pounds per Centum, more ; —

And that the Duties of Impost & Excise shall be a Fund and Security for the Repayment &
Drawing in of the said Bills to the Treasury again, so far as that will reach. And as a further
Fund & Security for the same. For Paying of Soldiers' Wages, & for Defraying of the further
necessary growing Charge of the Province, the Defence of her Majestie's Subjects & Interests
within the same, & Support of the Governm' thereof, There be & hereby is Granted unto her
most Excellent Majest3", for the Ends & Uses aforesaid, a Tax of Fourteen Thousand Pounds,
to be levied on Polls, & Estates both Real & Personal within this Province, according to such
Rules & in such Proportion, upon the several Towns & Districts within the same, as shall
be Agreed on & Ordered by the Great & General Court or Assembly of this Province at their
Session iu May, Anno 1710 ; Three Thousand Pounds thereof to be paid into the Treasurer on

[Notes.] Province Laws.— 1708-9. 635

or before the last Day of November, in the said Year ; The remaining Eleven Thousand Pounds
to be paid into the Treasurer on or before the last Day of May, 1711.

Consented to : J. Dudley."
— Council Records, vol. VIII., p. 397.

(b.) " Oct. 29, 1708. The following Resolve, pass'd in ?• House of Represent"", was Read
&Coucur'd; Viz., —

Resolved that the Sum of Ten Thousand Pounds, in Bills of Credit on this Province, be
further & forthwith Imprinted by the Committee that imprinted the last Bills (Saving that Cpt
Ephraim Savage is in the Room of John Leveret, Esq', President of the College), One Thousand
Pounds- whereof to be made upon the Plate which contains Two-Shilling & Half-Crown Bills,
The Remaining Nine Thousand Pounds to be made upon the Plate which contains Forty,
Twenty, Ten & Five-Shilling Bills ; to be by them deliver'd to the Treasurer, Taking his Receipt
for the same, whose Pay for their Service herein, shall be in the same Proportion as the Bills
they last made.

And the Treasurer is hereby Directed & Impower'd to Issue forth & Emit the said Sum of
Ten Thousand Pounds, in Bills, together with Five Thousand Pounds more of the Bills of pub-
lick Credit that are or shall be received into the Treasury, towards Payment of the publick Debts
of the Province already contracted, & the further growing Charge for the Defence thereof; For
the Supplying & Subsisting of the Province Galley, Forts, Garrisons & Forces, raised & to be
raised & empioj-ed within the same, & Wages arising for their Service ; For Payment of Grants,
Salaries, Ik Allowances made & to be made by this Court, According to such Draughts as, from
Time to Time, shall be made upon him by Warrant or Order of the Governour, with the
Advice & Consent of the Council; And the said Bills shall pass out of the Treasury at the Value
therein express'd, equivalent to Money, & shall be taken & Accepted in all publick Payments at
the Advance & after the Rate of Five Pounds per Cent more ; —

And that the Duties of Impost & Excise shall be a Fund & Security for the Repayment &
Drawing in of the said Bills to the Treasury again, so far as that will reach.

And as a further Fund & Security for the same. For the Paying of Soldiers' Wages, & for
the Defraying of the further necessary growing Charge of the Province, the Defence of her
Majestie's Subjects & Interests within the same, & the Support of the Governm' thereof, There
be & hereby is Granted unto her most Excellent Majesty, for the Ends & Uses aforesaid, a Tax
of Fifteen Thousand Pounds, to be levied upon Polls, & Estates both Real & Personal, within
this Province, according to such Rules & in such Proportion, upon the several Towns & Dis-
tricts within the same, as shall be Agreed on & Ordered by the Great & General Court or As-
sembly of this Province at their Session in May, One Thousand seven Hundred and eleven ;
Eleven Thousand Pounds thereof to be paid into the Treasury on or before the last Day of
November, in the said Year, The remaining Four Thousand Pounds to be paid into the Treasury
on or before the last Day of May, One Thousand seven Hundred & Twelve.

Consented to: J.Dudley."
—Ihid., pp. ill-n.

" FebJ 26, 1708[-9]. The eight following Grants & Allowances for Payments to be made out
of the Treasurj', Pass'd in the House of Representatives, Were severally Read & Concur'd;
Viz., —

Resolved that the Treasurer be & hereby is Ordered & Impowered to issue forth & Emit
the Sum of Three Thousand Pounds, of Bills of publick Credit on this Province which are or
shall be received into the Treasury, towards Paj'ment of the publick Debts of the Province
already contracted, & the further growing Charge for the Defence thereof; For Supplying and
Subsisting of the Province Galley, Forts, Garrisons & Forces raised & to be raised and Emploj'ed
within the same, & Wages arising for their Service ; For Paj-nient of Grants, Salaries and Allow-
ances made & to be made by this Court, According to such Draughts as, from Time to Time,
shall be made upon him by Warrant or Order of the Govern', bj' & with the Advice & Consent
of the Council ; And the said Bills shall pass out of the Treasury at the Value therein express'd,
equivalent to iNIoney, And shall be taken & Accepted, in all publick Payments, at the Advance
& after the Rate of Five Pounds per Cent more ; And that the Duties of Impost & Excise shall
be a Fund & Security for the Repaym' & Drawing in of the s* Bills to the Treasury again,
so far as that will reach ; —

And as a further Fund & Securitj' for the same, For the Paying of Soldiers' Wages, & for
the Defraying of the further necessary growing Charge of the Province, the Defence of her
Majestie's Subjects & Interests within the same, & Support of the Government thereof. There
be & hereby is granted unto her most Excellent Majesty, for the Ends «& Uses aforesaid, a Tax
of Three Thousand Pounds, to be levied upon Polls, & Estates both Real & Personal, within
this Province, According to such Rules & in such Proportion, upon the several Towns & Dis-
tricts within the same, As shall be Agreed on and Order'd by the Great & General Court or
Assembly of this Province, at their Session in May, One Thousand seven Hundred and Eleven;
And paid in to the Treasurer on or before the last Day of May, One Thousand seven Hundred
& Twelve. Consented to: J.Dudley."

—Ibid., pp. 435-6.

ACTS,

Pas s E D I 709 — 10.

[037]

ACTS

Passed at the Session begun and held at Boston,
ON THE Twenty-Fifth day of May, A.D. 1709.

CHAPTER 1.

AN ACT FOR REVIVING AND FURTHER CONTINUING OF SEVERAL TEMPO-
RARY ACTS, WHICH, BY THEIR RESPECTIVE LIMITATIONS, ARE NEAR
DETERMINING AND EXPIRING.

Whebeas several acts have been made and pass'd by this great and
general court, with limitations to continue for a certain time, now near
expiring, the revival and further continuing whereof is found neces-
sary,—

Be it therefore enacted by Sis Excellency the Governour^ Council
and Mepresentatives in General Court assembled^ and by the authority
of the same,

[Sect. 1.] That the act entituled "An Act directing how rates or i699-i7oo,cii.20.
taxes to be granted by the general assembly shall be assessed and col- ratifs' or taxes'
lected," made and pass'd in the twelfth year of the reign of his late l^^and^coiTect-'
majesty, Eang William the Third, and all and singular the clauses, ed.
paragraphs, articles, directions, powers, penalties, forfeitures, references,
matters and things in the said act contained, be and hereby is revived
and continued in force, to be practiced, exercised and put in execution,
until the twenty-ninth day of June, which shall be in the year of our
Lord one thousand seven hundred and sixteen, any proviso or limitation
therein contained notwithstanding, and not afterwards.

And be it further enacted by the authority aforesaid,

[Sect. 2.] That the act entituled "An Act to prevent the deserting leoa-iroo.ch. 22.
of the frontiers," made and pass'd in the twelfth year of his said late ^'""t*^'^-
majestie's reign ; the paragraph in addition to the act for levying soul-
diers, contained in an act entituled "An Act for further continuing of I70i-2,ch.i4,§2.
several acts therein mentioned, that are near expiring," made and pass'd Soldiers,
in the thirteenth year of his said late majestie's reign ; the act entituled
" An Act for granting unto her majesty an excise upon wines, liquors 1703;4, ch. 5.
and strong drink, sold by retail ; " the act entituled " An Act granting ^o&t!" ^""^ '""
unto her majesty several rates and duties of impost and tunnage of i703-4, ch. 4.
shipping," both made and pass'd in the second year of her present
majestie's reign, and all and singular the paragraphs, articles, clauses,
powers, penalties, forfeitures, references, matters and things contained
in the said three last acts, be and hereby are revived and further con-
tinued in force, to be practiced, exercised and put in execution, imtil
the twenty-ninth day of June, which shall be in the year of our Lord
one thousand seven hundred and ten, any jDroviso or limitation in the
said acts or either of them notwithstanding.

[Sect. 3.] And that, for and during the present war with France, Tonnage to be
the duty of tunagc of shipping shall be paid in good new gunpowder, powder f"°

640

Province Laws. — 1709-10.

[Chap. 2.]

ir04-5, ch. 7.
Law martial.

1706-7, ch. 7.
Premium for
Indian scalps.
1706-7, ch. 12.

1704-5, ch. 10.
Soldiers and
seamen in the
sei-vice not to
be arrested.

Limitation.

Court-martial.

Militia to stand
ready.
1699-1700, ch.l7.

and in no other specie, any law, usage or custom to the contrary not-
withstanding ; and the commissioner and receiver is hereby impowred
to require and demand payment of the said duty accordingly : the said
duty of tunage of shipping to be paid only for such part of any ship
or vessel as is owned by persons living out of this province, and not for
such part as is owned by persons inhabiting within the same, or in any
part or place particularly excepted in and by the act hereby revived.
And the commissioner is hereby impowered, when and so often as he
shall apprehend it needful, to examin upon oath the master of any ship
or vessel concerning the owners thereof.

A?id be it further enacted by the authority aforesaid^

[Sect. 4.] That the act entituled "An Act for punishing of officers
and souldiers retained in her majestie's service, and under pay," made
and pass'd in the third year of lier present majestie's reign ; the act en-
tituled " An Act to encourage the prosecution of the Indian enemy and
rebels," made and pass'd in the fifth year of her present majestie's reign,
with the addition made thereto in an act pass'd in the fifth and sixth
years of her said majestie's reign ; the act entituled "An Act against
souldiers and seamen in her majestie's service being arrested for debt,"
made and pass'd in the third year of her present majestie's reign, and
all and singular the paragraphs, clauses, articles, directions, powers,
penalties, forfeitures, references, matters and things in the said several
acts, and every of them respectively, contained, be and hereby are
revived, re-inacted and directed to abide and remain in force, and ac-
cordingly to be exercised, practiced and put in execution, as occasion
shall require, until the twenty -ninth day of June, which will be in the
year of our Lord one thousand seven hundred and ten : provided^ 7iev-
ertheless, —

[Sect. 5.] That the act for punishing of officers and souldiers
retained in her majestie's service and under pay, shall be determined
before the said twenty-ninth day of June if the war with France be
brought to an end before that time : and p>'>'ovided^

[Sect. 6.] That no commission officer but such as are in actual
service and under pay, shall be a member of any court-martial, or sit
upon the trial of any offender : ayid provided^

[Sect. 7.] That no officer or souldier after his being dismiss'd and
out of pay, shall be tried by a court-martial for any offence committed
during his continuance in the service ; but such officer or souldier shall
be left to be tried by the course of the common law, any usage or
custom to the contrary notwithstanding.

And be it further enacted^

[Sect. 8.] That the act entituled "An Act for putting the militia
of this province into a readiness for defence of the same," be carefully
observed and vigorously prosecuted. {Passed June 14.

CHAPTER 2.

AN ACT AGAINST INDIANS BEING SUED FOR DEBT.

Whereas some of the Indian, native inhabitants of this province,
out of an aversion for industry and labour, do frequently run into debt,
more especially for strong drink, of an insatiable thirst to gratify their
vicious inclination, and being unable to pay are brought further in debt,
by imprisonment, charge of law-suits, and a rigorous pursuit, and finally
made servants, which may prove of fatal consequence if not timely
remedyed ; and further to put the Indians upon industry and labour to
support themselves, —

[1st Sess.] Province Laws. — 1709-10. 641

Be it enacted by His Excellency the Governour, Council and Rep-
resentatives in General Court assembled, and by the authority of the

SCLTYlC

[Sect. 1.] That from and after the first day of September, in this ^^^^f^^j^aVia^^
present year, [1709] \_one thousand seven hundred and nine'], no process dfan for debt,
shall be granted, nor suit be received or lye, before any justice of the
peace, nor in any of her majesty's courts of justice within this province,
against any Indian or Indians, for debt to be made or contracted by
them, on any account what[so]ever, at any time or times from and after
the first day of September aforesaid, any law, usage or custom to the
contrary notwithstanding : 2>^'0vided,

[Sect. 2.] That this act shall continue in force until the end of the
session of this court, in May, [1712] [one thousand seven hundred and
twelvel, and no longer. [Passed June 8 ; published June 18.

CHAPTER 3.

AN ACT FOR THE UPHOLDING AND REGULATING OF MILLS.

Whereas, frequently, there are divers partners, owners of mills
erected for the common use and benefit of the respective towns wherein
they are, and ofttimes improved by the inhabitants of neighbouring
towns, and forasmuch as, by reason of disagreement, death or decay of
some of the partners, or perplexity by entail on their descendants, mills
sometimes fall to despair, and are rendred useless and unserviceable, if
not totally demolished, to the hurt and detriment of the publick, as
well as loss to {the'] other [the] partners, who stand ready to advance
their parts of the charge for repairing, amending or rebuilding of the
same, —

Be it therefore enacted by Sis Excellency the Governour, Council and
Bepresentatives in General Court assembled, and by the authority of the
same,

[Sect. 1.] That when and so often as it shall happen any mill or Owners' meet-
mills, mill-dam, flood-gates, sluces, running-gear, or appurtenances to ofass. sei.
be demolished, broken, worn out, or stand in need of repair and amend-
ment, it shall and may be lawful to and for any one or more of the
partners, on knowledge thereof, to notify and summon a general meet-
ing of the whole, at the said mill or mills, on a certain day [or] [and]
time, within fifteen days next after the issuing of such notification or
summons, to consult and agree about the rebuilding or repairing of such
mill or mills, or appurtenances, or defects therein, to make them ser-
viceable.

[Sect. 2.] And if any partner, being so notifyed, shall neglect to Major part of
attend such meeting, or, being met, shall refuse to agree with the major to dire".^^*^
part of the interested for rebuilding, repairing and fitting up of such
mill or mills, so as to make them serviceable, or to pay his part of the
cost and charge thereof, the rest of the partners, being the major part
of the interested, may direct and cause the same to be done, and shall
be re-imbursed and pay such sum or sums as they or any of them shall
advance and disburse thereon, over and above their own respective
shares and proportion, with interest for the same in the interim, out of
the said mill or mills, or the profits or earnings thereof; and it shall Advance for
and may be lawful for them, and they are hereby impowred to demand, how-to b°se-
sue for, recover and receive the same accordingly, any law, usage or p"'"e<i.
custom to the contrary notwithstanding.

81 «

642 Proyince Laws.— 1709-10. [Chap. 4.]

And he it further enacted hy the authority aforesaid.
Toll. [Sect. 3.] That every miller shall be provided of scales and weights

to weigh corn, to and from the mill, if desired ; and the toll for grinding
all sorts of grain shall be one-sixteenth part, and no more, any law,
usage or custom to the contrary notwithstanding : provided,
SaTiug. [Sect. 4.] That nothing herein contained shall be construed to

annul or make void any particular contract or contracts, made or to be
made respecting the repairs of any mill or mills. [^Passed June 17 ;
published June 18.

CHAPTER 4.

AN ACT FOR MAKEING PAWMET, A DISTRICT OF EASTHAM, WITHIN THE
COUNTY OF BARNSTABLE, A TOWNSHIP, TO BE CALLED TRUROE.

Whereas there is a certain tract of land known by the name of
Pawmet, at present a district of Eastham and under the constablerick
of that town, consisting of about forty familys, and daily increasing,
the said land extending about fourteen miles in length from the prov-
ince lands at the extremity of Cape Codd, reserved for the fishery, and
the lands of Eastham on the south, and running, northerly, as far as the
land called " the purchasers' lands " extends, over the harbour named
the eastern harbour, according to the known, stated boundaries thereof;
the breadth thereof running from sea to sea acrosse the neck of land
commonly called Cape Codd ; a7id whereas the inhabitants of the said
district, by their humble petition, have set forth that they have built a
convenient house to meet in for the publick worship of God, and have,
for some time, had a minister among 'em, humbly praying that they
may be made a township, and have such necessary officers within them-
selves whereby they may be enabled to manage and carry on their civil
and religious concerns, and enjoy the Uke powers and priviledges as
other towns within this province have and do by law enjoy, —

Be it therefore enacted by His Excellency the Governour, Council and
Representatives in General Court assembled, and by the authority of the
samCy

[Sect. I.] That the tract of land called Pawmett, described and
bounded as above expressed, be and hereby is erected into a township,
and made a distinct and seperate town, and shall be called by the name
of Trm'oe ; and that the inhabitants thereof have, use, exercise and
enjoy all the powers and priviledges by law granted to townships
within this province.

[Sect. 2.] And the constable of the said place, for the time being,
is hereby impowred and required to warn the inhabitants to assemble
and meet together to choose selectmen and other town officers, to man-
age and carry on their prudential affiiires until the next anniversary
time for election of town officers.

[Sect. 3.] And the said inhabitants are enjoyned to assemble and
attend the said worke, accordingly : provided that the inhabitants of
the said town do procure and settle a learned orthodox minister, to dis-
pence the Word of God to them, within the space of three years next
after the passing of this act or sooner.

JProvided, also, that they pay their proportion to the present prov-
ince tax, as it is apportioned among them, respectively, by the select-
men or assessors of Eastham. [jPassed July 16.

[5th Sess.] Province Laws. — 1709-10. 643

ACT

Passed at the Session begun and held at Boston,
ON THE Twenty-Sixth day of October, A.D. 1709.

CHAPTER 5.

AJT ACT FOR REGULATING OF DRAINS AND COMMON SHORES.

For preventing of inconveniences and damages by frequent breaking
np the highwayes, streets and lanes in towns, for the laying and repair-
ing of drains, or common shores, and of differences arising among
partners in snch drains, or common shores, about their proportion of
the charge for making or repairing the same, —

He it enacted by Sis Excellency the Governour, Council and Hep'
resentatives in General Court assembled, and by the authority of the
same,

[Sect. 1.] That from and after the twenty-fifth day of March, in Penalty for dig-
the year of our Lord one thousand seven hundred and ton, no person fn"^up'thr"'^
may presume to dig or break up the ground, in any highway, street or ground in any
lane, within any town, for the laying, repairing or amending of any &c "viuiou?° '
drain, or common shore, without the approbation and consent of the 'X?'"?'^?35°'}38
selectmen, signifyed in writing under the hand of the town-clerk, on 12 Alien, 239. '
pain of forfeiting twenty shillings to the use of the poor of such town, ^^ Alien, loo.
to be levied by warrant from any one of her majesty's justices of the
peace, and to make good all damages occasioned by such breach.

And be it further enacted,

[Sect. 2.] That all drains and common shores for the draining of Drains and
cellars, hereafter to be made or repaired in any streets or highways, to bercguiated'
shall be substantially done with brick or stone, in such manner as the by the select-
selectmen of the town shall direct. ™^""

[Sect. 3.] And that it shall and may be lawful to and for any one Liberty to lay a
or more of the inhabitants of any town, at his or their own cost and "**i° ^^TaXn, or
charge, to make and lay a common shore, or main drain, for the benefit
of themselves and others that shall think fit to join therein. And Persons rcceiv-
every person that shall afterwards enter his or her particular drain into ihfreby\^o*pay
such common shore, or main drain, or by any more remote means towards the
receive benefit thereby, for the draining of their cellars or lands, shall /udgmenTof the
be obliged to pay unto the owner or owners of such common shore, or selectmen,
main drain, a proportionable part of the charge of making or repairing
the same, or so much thereof as shall be below the place where any
particular drain joins or enters thereinto, at the judgment of the select-
men of the town, or major part of them : savitiy a right of appeal to Appeal,
the court of general sessions of the peace, to the party agrieved at any
such detennination : provided,

[Sect. 4.] This act shall not extend to the altering of any partic- Contracts sav-
ular agreement, or contract made betwixt persons interess'd in any ^'^'
drain or common shore. \_Passed November 17 ; published November 29.

Province Laws. — 1709-10.

[Chaps. 6, 7.]

ACTS

Passed at the Session begun and held at Boston,
ON the First day of February, A.D. 1709-10.

CHAPTER 6.

English and
fresh hay to be
sold by weight.

Forfeiture.

To be made up
in trusses.

Hay-weighers
to be appointed
and sworn.

A penny a bun-
dle for weigh-
ing.

To commence
May 1, 1710.

Limitation.

AN ACT TO PREVENT DECEIT IN HAY EXPOSED TO SALE.

JBe it enacted by His Excellency the Govemour, Council and Repre-
sentatives in Gerieral Court assembled, and by the authority of the same,

[Sect. 1.] That all English and fresh hay that shall hereafter be
sold in Boston, or brought thither for a market, shall be sold by weight,
and in no other manner, on pain of forfeiting all such hay, or the value
thereof, to the use of the poor of the said town, by any person who
shall presume to sell it otherwise.

[Sect. 2.] And for the ease and conveniency of weighing hay ex-
posed to sale, the same shall be made up in trusses, or bundles, and sold
by the hundred, at five-score and twelve pounds for a hundred weight.

And be it further enacted by the authority aforesaid,

[Sect. 3.] That the inhabitants of the town of Boston shall annually
choose three or more honest persons to be hay-weighers, who shall be
swora, in manner as other town officers, to the faithful discharge of their
office, and shall respectively attend the weighing of hay when they
shall be called, and be paid for their service a penny for each bundle of
hay by them weighed, to be paid by the seller.

[Sect. 4.] This act to take place and be in force from and after the
first day of May, which will be in the year of our Lord one thousand
seven hundred and ten.

[Sect. 5.] This act to continue in force for the space of three years,
and no longer.

CHAPTER 7.

Obstruction of
the course of
fish in rivers by
wears, &c., a
common nui-
sance.

10 Mass. 391.
5 rick. 204.
.34 Maine, 570.

AN ACT TO PREVENT NUSANCES BY HEDGES, WEARS AND OTHER INCUM-
BRANCES OBSTRUCTING THE PASSAGE OF FISH IN RIVERS.

Be if enacted by Sis Excellency the Oovemour, Council and Bep-
resentatives in General Court assembled, and by the authority of the
same,

[Sect. 1.] That no wears, hedges, fish-garths, stakes, kiddles or
other disturbance or incumbrance shall be set, erected or made on
or across any river, to the stopping, obstructing or straightning of the
natural or usual course and passage of fish, in their seasons, or spring
of the year, without the approbation and allowance first had and ob-
tained from the general sessions of the peace in the same county, who

[6th Sess.] Province Laws.— 1709-10. 645

are hereby authorizccl and impowred, on application made to them at
their sessions, to grant liberty for the same, or to deny it, as they shall
see it to be either a publick good or damage, and so, yearly, from time
to time, to be allowed or disallowed as they shall direct.

[Sect. 2.] And that all wears, hedges, lish-garths, stakes, kiddles or ^^^'^oVs^ef up"""'
other incumbrance whatsoever, set up and made, or hereafter to^ be without aiiow-
levyed, set up, or made in, on, or across any river, to the straightning, cJurt^of gener-
obstructing and stopping the natural, common, or usual passage of fish ^i ses^swns of
in the spring or proper seasons of the year, without approbation or ^ P^*^®'
allowance first had and obtained for the same, in manner as in and by
this act is directed, are declared to be a common nusanco, and shall be
demolished and pulled down, not to be again repaired or amended ; and
that on complaint made to the general sessions of the peace, or to any
two justices of the peace, quorum unus, in their respective counties, a
writ shall be granted to the sheriff, or constable of the town where the
nusance is done, to cause the party or parties complained of to be exam-
ined, and, upon conviction, to remove the same, and to command suita-
ble assistance therefore, at the cost and charge of the person or persons
so offending : provided that nothing herein contained shall be construed
to extend to the pulling down or demolishing of any mill-dam already
made, or that shall hereafter be lawfully and orderly made. [Passed
February 16 ; ^jublished February 23, 1709-10.

Notes.— There were six sessions of the General Court this year, at three of which, onl}', acts
were passed. All the foregoing acts were printed and the engrossments of all of them are pre-
served except of chapters 2 and 6.

The act " for apportioning and assessing of two several taxes on polls and estates, pursuant
to the funds and grants made to her Majesty by the General Assembly, in the year 1707,"
which was passed to be enacted June 15, 1709,' has not been found either in the archives of the
Secretary's office or in the Public Record Office, in London. As this act was never printed, and
as the original bill is, likewise, missing, its general contents and provisions can only be ascer-
tained b3'\eference to the grants in kotes to 1707, resolves (a) and (6), and to similar acts in
other years.

For the doings of the Privy Council, see notes to 1707, anle.

The following resolves are referred to in subsequent acts : —

(a.) ".Tune 18, 1709. The following Resolve, pass'd in the House of Represent'", Read &
Concur' d; Viz., —

Resolved that the Sum of Thirty Thousand Pounds of Bills of publick Credit on this Prov-
ince be further & forthwith imprinted. One Thousand Pounds thereof to be imprinted on the
small Plate, Fourteen Thousand Pounds thereof on the Middle Plate, And Fifteen Thousand
Pounds on the large Plate ; ^ „ ,

That Elisha Hutchinson, Samuel Sewall, Penn Townsend and John Clark, Esq", & Coll.
Samuel Chccklev (or any three of them), be a Committee for the Making of the said Bills, Who
shall be under Oath for the faithful Management of the said Affair; And the Printer of the said
Bills shall be sworn to a faithful Performance of that Service ; —

That the said Committee deliver the Sum of Fifteen Thousand Pounds, to the Treasurer, tak-
ing his Receipt for the same, & keep the remaining Fifteen Thousand Pounds in their Hands,
unsigu'd, until further Order from this Court, Who shall be paid for Indenting, Numbring,
Signing, Trimming & Perfecting the said Bills to the Treasurer, One Hundred and fifty Pounds
& no more.

And the Treasurer is hereby Directed & Impowered to Issue forth & Emit the said Sum of
Fifteen Thousand Pounds, together with the Sum of Ten Thousand Pounds more of the Bills
of publick Credit that are or shall be received into the Treasury, towards Payment of the publick
Debts of the Province already contracted. And the further growing Charge for the Defence
thereof; For Supplying and Subsisting of the Province Galley, Forts, Garrisons & Forces, raised
and to be raised & employed within the .«ame, & Wages arising for their Service; Towards
Defraying the Charge of the present Expedition to Canada (belonging to this Province); For
Pavment of Grants, Salaries & Allowances made & to be made by this Court, According to
such Draughts as, fi-om Time to Time, shall be made upon him, by Warrant or Order of the
Governour, by & with the Advice & Consent of tiic Council; And the said Bills shall pass out
of the Treasury at the Value therein express'd. Equivalent to Money, And shall be taken & Ac-
cepted, in all publick Payments, at the Advance & after the Rate of Five Pounds per Centuna,
more ; —

And that the Duties of Impost and Excise shall be a Fund and Security for the Repayment
& Drawing in of the said Bills to the Treasury again, so far as that will reach; —

And as a further Fund & Security for the same, For the Paying of Soldiers Wages, & for
Defraying of the further necessary growing Charge of the Province, the Defence of her Majes-
ties Subjects & Interests within the same, & Support of the Government thereof, There be &
hereby is granted unto her most Excellent Jlajestv, for the Ends, & Uses aforesaid, a Tax of
Twenty-five Thousand Pounds; Four Thousantk-'Pounds (hereof to be levied upon Polls, and Es-
tates both Real and Personal, within this Province, according to such Rules & in such Proportion,

646 Province Laws.— 1709-10. [Notes.]

upon the several Towns & Districts within the same, As shall be Agreed on & Order'd by the
Great & General Court or Assembly of this Province, at their Session in Maj', One Thousand
seven Hundred & Eleven, And Eighteen Thousand Pounds thereof at their Session in May, One
Thousand seven Hundred & twelve, And three Thousand Pounds thereof in May, One Thou-
seven Hundred & Thirteen ; And Four Thousand Pounds thereof shall be paid in "to the Treas-
urer on or before the last Day of May, 1712, Eleven Thousand Pounds thereof, on or before the
last Day of November, 1712, And Ten Thousand Pounds thereof, on or before the last Day of
May, 1713. Consented to: J.Dudley."

— Council Records, vol. VIII., pp. 4G3-4.

(6.) " Aug. 25, 1709. The following Resolve, pass'd in Council, Concur'd by the Represent'";
Viz., —

Wliereas, there are two Bills of two Shillings, each, & two Half-Crown Bills, Engraven upon
one & the same Plate, —

Resolved that, for the Benefit of Exchange in the Market, One of the said two-Shilling
Bills be made three Shillings, And one of the s* Half-Crown Bills be made Three Shillings &
Sixpence, with such Alterations in the respective Escutcheons as the Comm'" shall think fit;
And that the Proportion of the Fifteen Thousand Pounds, in Bills not yet printed, be imprinted
off the Plates being so Altered. Consented to: J.Dudley."

— I bid., p. ilG.

(c.) " Novem' 8, 1709. The following Resolve, pass'd in the House of Representatives, Read
& Concur'd; Viz., —

Resolved that the Committee appointed by this Court, the eighth of June last, to make
Thirt3'- Thousand Pounds in Bills of Credit, & keep Fifteen Thousand Pounds thereof in their
Hands, unsign'd, until further Order from this Court, Be Directed forthwith to sign the said
Fifteen Thousand Pounds of Bills, and Deliver them to the Treasurer, Taking his Receipt for
the same.

And the Treasurer is hereby Directed & Impowered to Issue forth & Emit the said Fifteen
Thousand Pounds, of Bills of Credit on this Province, together with Three Thousand Pounds
more of the Bills of Publick Credit that are or shall be received into the Treasur}', for Payment
of the publick Debts of the Province, already contracted, and the further growing Charge for
the Defence thereof; for the Supph'ing & Subsisting of the Province Galley, Forts, Garrisons,
& Forces raised & to be raised & Employed within the same, & Wages arising for their Service;
Towards Defraying the Charge of the late intended Expedition to Canada (belonging to this
Province), & the Purchasing & Equipping a Sloop, for the Guard of the Coast, pursuant to a
Vote* of this Court pass'd the fourth Currant; For Payment of Grants, Salaries & Allowances
made & to be made by this Court, According to such Draughts as, from Time to Time, shall be
made upon him, by Warrant or Order of the Govern', with the Advice & Consent of the Coun-
cil; And the said Bills shall pass out of the Treasury at the Value therein express'd, equivalent
to Money, And shall be taken & Accepted in all publick Payments at the Advance & after the
Rate of Five Pounds per Cent, more; And that the Duties of Impost & Excise shall be a Fund
& Security for the Repayment & Drawing in of the said Bills to the Treasurj' again, so far as
that will reach.

And, as a further Fund & Security for the same, For the Paj'ing of Soldiers' Wages, & for
Defraying of the further necessary growing Charges of the Province, the Defence of her Majesties'
Subjects & Interest within the same, & Support of the Government thereof. There be &
hereby is Granted unto her most Excellent Majesty, unto the Ends & Uses aforesaid, a Tax of
Eighteen Thousand Pounds; One Thousand Pounds thereof to be levied upon Polls, & Estates
both Real & Personal, within this Province, according to such Proportion, upon the several
Towns & Districts within the same, as shall be Agreed on & Ordered by the General Court
or Assembly of this Province, at their Session in May, One Thousand seven Hundred & twelve,
& Seventeen Thousand Pounds thereof, in Ma}', One Thousand seven Hundred & thirteen ; And
One Thousand Pounds thereof, shall be paid in to the Treasurer on or before the last Day of
May, One Thousand seven Hundred «S: thirteen. Eleven Thousand Pounds thereof, on or before
the last Day of November, One Thousand seven Hundred & thirteen, & Six Thousand Pounds
thereof, on or before the last Day of May, One Thousand seven Hundred & fourteen.

And whereas, in a Resolve of this Court, pass'd the Eighth Day of June last, Granting to her
Majesty a Tax of Twent3'-five Thousand Pounds, It is Ordered That three Thousand Pounds of
the said Sum shall be levied at the Session of this Court, in May, One Thousand seven Hundred
and thirteen, —

It is hereby Ordered that no Part thereof shall be then levied; but Twenty-one Thou-
sand Pounds thereof shall be levied at the Session in May, One Thousand seven Hundred &
twelve. Any Thing in the said Resolve to the Contrary notwithstanding.

Consented to: J. Dudley."'
—Ibid., pp. 503-4.

(d.) "Feb. 16, 1709[-10]. The following Resolve, pass'd in the House of Represent'",
Read & Concur'd; Viz., —

Resolved that the Treasurer be & hereby is directed & impowered to issue forth & emit
the sum of Three thousand Pounds, in Bills of publick Credit on this Province, that are or

* "Nov 4, 1709. Report of the Committee appointed to Consider of Methods for the best
Guarding of the Coast, &c. ; Viz., —

Tursuant to the within Order, We are humbly of Opinion That his Excellency be desired to
Continue the Galley upon her Cruize until the tenth of December, & longer if the Season will
permit, Keeping the Sea as much as the Weather will allow. Anchoring when there is a Neces-
sity for it, at Cape Ann & Cape Cod; — And, for the further Security of the Coast We think it ab-
solutely necessary that there be purchased at the Charge of the Province a good-sailing Sloop to
be kept out upon suitable Cruises for Protection of the Trade.

Cpt. Southack's .Journal has been before us. But he being Ordered upon his Cruize, We have
not had Opportunity to examine him thereon.

(Sign'd) John Fosteu per Order of the Committee

In Council, Read & Accepted, And Concur'd by the Represent"'

Consented to : J. Dudley."

[Notes.] Province Laws. — 1709-10. 647

shall be received into the Treasury, towards Payment of the publick Debts of the Province al-
ready contracted, & for the further growing Charge for the Defence thereof; for supplying &
subsisting the Province Galley, Forts, Garrisons & Forces raised & to be raised & employed
within the same, & Wages arising for their Service; towards defraying the Charge of the late
intended Expedition to Canada, so far as belongs to this Province; for the Purchasing & Equip-
ping a Sloop, for the Guard of the Coast, pursuant to a Vote of this Court pass'd the fourth of
November last ; For Payment of Grants, Salaries & Allowances made & to be made by this
Court, According to such Draughts as, from time to time, shall be made upon him by Order
of the Governor, by & with the Advice & Consent of the Council ; And the said Bills shall

[be] pass'd out of the Treasury', at the Value therein cxpress'd, equivalent to Money, & shall
be] taken and accepted in all publick Payments, at the Advance & after the Rate of Five per
Cent more ; —

And that the Duties of Impost & Excise shall be a Fund & Security for the Repayment &
Drawing in the said Bills to the Treasury again, as far as that will reach; —

And, as a further Fund & Security for tlie same, for the Paying of Soldiers' Wages, & for the
Defraying the further necessary growing Charge of this Province, the Defence of her Majesty's
Subjects & Interests within the same, & Support of the Governm' thereof— There be & hereby ig
Granted to her most Excellent Majesty, to the Ends & Purposes aforesaid, a Tax of Three
thousand Pounds ; to be levied upon Polls, & Estates both real & personal, within this Prov-
ince, according to such Rules, & in such Proportion, upon the Towns & Districts within the
same, as shall be Agreed on & Ordered by the Great & General Court or Assembly of this Prov-
ince, at their session in May, Anno, One thousand seven hundred & thirteen, & shall be paid
into the Treasury on or before the last Day of May, Anno, One thousand seven hundred &
fourteen. Consented to: J. Dudley."

—Ibid., vol. IX.,p. 14.

ACTS,
Passe D 1710— 1 1.

[049]

ACTS

Passed at the Session begun and held at Boston,
ON the Thirty-First day of May, A.D. 1710.

CHAPTER 1.

AN ACT FOR THE BETTER REGULATING OF THE FERRY OVER CHARLES
RIVER, BETWIXT BOSTON AND CHARLESTOWN.

Whereas several petitions have been humbly offered to this court
from Charlestown, Cambridge and Wobum, signed by many of the in-
habitants of the said towns, and of divers others, inhabitants of the
adjacent towns within the county of Middlesex, complaining of great
remissness and neglect of due attendance of the said ferry, to the very
great detriment of the province, and having thereupon been attended
by the treasurer of the College (the profits and revenues of the said
ferry being granted to Harvard College in Cambridge), and seen the
lease by him made of the said ferry for several years yet to come ;
for redress of the grievances complained of, and to the intent the said
ferry may be accommodated for the good and service of the province,
and of her majesty's subjects within the same, much increased over what
they were at the first settling of the ferry, now become a gi-eat passage
for transportation ; which that it may be done with the more ease and
speed, the said lease or leases notwithstanding, —

Be it enacted by His Excellency the Governour, Council and JRepre-
sentatives in General Court assembled, and by the authority of the same^

[Sect. 1.] That henceforth there be three sufiicient suitable boats Three boats to
and appurtenances, with able, sober persons to row in them, kept for ry.^°
the transportation of persons and horses over the said ferry, one of
which, in turns, to be always passing on the water, from side to side, in
all proper seasons when boats may safely pass, not being obstructed by
ice, or extraordinary stormy weather ; and as any one of the said boats
shall land on either shoar, the other boat on the same side to put off
immediately ; the three boats to continue plying from side to side with Boats to con-
all industry and diligence, daily (except on the Lord's day, and then to from and until
pass no oftner than necessity shall require), from sunrise until nine of h^urs at'^mom.
the clock at night, from the first of April until the first of October, and ing and night,
until eight at night, from the first of October to the first of April, annu-
ally, and after those hours, upon any necessary occasion ; and to be paid
one shilling, if it be one single person, and if more, then* double ferrage
for the whole number, over and above one shilling, among all the pas-
sengers in equal proportion ; and that the boats be lodg'd on that side
every night where they are owned : the said three boats to be three Separate inter-
several separate interests, not all of one town. And the ferrymen im- ^^**
ploy'd in the said boats respectively, shall give constant and diligent ny^^^n?* t^end
attendance, and not deny or delay the speedy caiTying over any pas- ance required,
senger or passengers, according to the true intent and meaning of this

* " than," in the printed act.

652

Peovince Laws. — 1710-11.

[Chaps. 2,3.]

Ferriage to be
paid before
landing.
Unreasonable
excliange not
to be required.

and the former laws relating to the said ferry, under the penalty therein
provided.

And, for preventing of abuses ofttimes offered to ferrymen, by cheat-
ing them of their ferrage, or jDutting them to make unreasonable
exchange, —

Be it enacted by the authority aforesaid,

[Sect. 2,] That it shall and may be lawful to and for the feiTymen
to demand and receive pay of all passengers before they set them on
shoar; and that the ferrymen shall not be required or obliged to
exchange for above the value of three shillings and sixpence, where the
ferrage does not exceed that sum. [^Passed June 10 ; published June 28.

1692-3, chap. 14.
Brothers and
sisters of any
person deceased
intestate with-
out wife or chil-
dren to be shar-
ers with the
mother.
3 Mass. 15
12 Mass. 492.
Allowance to
widows.

CHAPTER 2.

AN ACT IN ADDITION TO AND FOR EXPLANATION OF THE ACT FOR THE
SETTLING AND DISTRIBUTION OF THE ESTATES OF INTESTATES.

JBe it enacted by His Excellency the Governour, Council and Kepresen-
tatives in Genercd Court assembled, and by the authority of the same,

[Sect. 1.] That if, after the death of a father, any of his children
shall dye intestate, without wife or children, in the lifetime of the
mother, every brother and sister and the representatives of them shall
have an equal share with her in the estate of the intestate, anything in
the aforesaid act for the settling and distribution of the estates of intes-
tates to the contrary thereof in any wise notwithstanding.

And be it further enacted by the authority aforesaid,

[Sect. 2.] That every judge of probate, in making up and passing
the accompts of administration of the estates of joersons deceased, be and
is hereby directed to have consideration and make allowance of neces-
sary beding, utensils and implements of household, necessary for the
upholding of life, to the use of the wife and family of the deceased,
where provision is not made for the wife in that respect by will ; and
such necessary beding, utensils and implements of household shall not
be accounted assets in the hands of the executor or administrator, nor
subject to the payment of debts, although the estate prove insolvent,
as they could not have been levyed or distreined for debt in the par-
tie's lifetime, any law, usage or custom to the contrary notwithstanding.
[Passed June 21 ; published June 28.

CHAPTER 3.

AN ACT RELATING TO SEARCHERS AND SEALERS OF LEATHER AND
CLERKS OF THE MARKET.

Wheeeas there are several town [5] officers of whom an oath is by
law required, but no penalty provided upon their refusal, —

Be it enacted by Mis Excellency the Governour, Council and Represen-
tatives in General Court assembled, and by the authority of the same,
Searchers and That if any person chosen to the office of a searcher and sealer of
er and clerks of leather, or clerk of the market, in any town, shall refuse to take the
^en^t'^'^for're- ^^^^ respectively required by law for executing of such office, Avithout
fusing to serve, reasonable excuse made, and accepted by the justices of the court of
general sessions of the peace within the same county, for his not serv-
ing, shall pay forty shillings fine, to the use of the poor of such town,
any law, usage or custom to the contrary notwithstanding. [Passed
June 28 ; published Jidy 1.

[IstSess.] Province Laws.— 1710-11. e5'6

CHAPTER 4.

AN ACT IN ADDITION TO AN ACT TO PREVENT FRAUD IN CORD-WOOD, &c.

Jie it enacted hy His Excellency the Governour, Council and Rep-
resentatives in General Court assembled^ and by the authority of the
same,

That the selectmen in every town where corders of wood are Selectmen to
chosen, shall, from time to time as there shall be occasion, appoint the of wood-ccfri^^
fees for cording wood, any law, usage or custom to the contrary not- ers.
withstanding. [^Passed June 20 ; published June 28,

CHAPTER 5.

AN ACT DIRECTING THE LEVYING AND COLLECTING OF COUNTY AND
TOWN ASSESSMENTS.

Whereas the act intituled " An Act for regulating of townships, 1692-3, chap. 28.
choice of town officers, and setting forth their power," made and pass'd
in the fourth year of the reign of King William and Queen Mary,
directs and restrains the collecting and gathering of all rates and assess-
ments, for county and town charges respectively, to the constables of
the towns wherein they are levyed, Avhich in some towns is attended
with several inconveniences ; for remedy whereof, —

Be it enacted by His Excellency the Governour, Council and JRep-
resentatives in General Court assembled, and by the authority of the
same,

[Sect. 1.] That it shall and may be lawful to and for the freehold- Towns and pre-
ers and inhabitants of each town, district or precinct within this prov- to dioose'cot'^
ince, orderly set off and established, annually, from time to time, to lectors.
elect and appoint a collector or collectors distinct from the constable or '
constables, for the gathering of all rates and assessments, from time to
time duely assessed and levyed within such town or district, to and for
county charges, and to all charges of every kind whatsoever enumerated
in the aforesaid act of townships, arising within the same town, district
or precinct, for any use or uses, service, dues or payments there to be
made and done.

[Sect. 2.] And all such rates or assessments shall be demanded, No county or
paid to and received by a constable or collector to whom the same shall gTtirered^butby
be committed to gather, w"ith a warrant from the selectmen or assessors ^ consttibie or
under their hands, in form as by law prescribed, and by no other person
or persons, any law, usage or custom to the contrary in any wise not-
withstanding.

[Sect. 3.] And every collector or constable to whom any such rates Collectors and
or assessments shall be committed, with a warrant as aforesaid, shall make''i!avnient
levy, gather and receive the same according to the direction in the war- as directed.
rant to him given ; and shall account for all his receipts and make pay-
ment of what and so much as he shall levy and gatlier of the several
rates and assessments committed to him as aforesaid, to the county
[and] \_or'\ town treasurers respectively, or other receiver, as by his
warrant he shall be required, in manner and time as is by law provided,
and be subject to the pains and penalties therein contained, in case of
neglect either of collecting or paying.

JBe it enacted by the authority aforesaid,

[Sect. 4.] That the treasurer of each county respectively, be im- County treas-
powred to draw in and enforce the payment of all county charges ""■^''^ power;

654 Peovincb Laws.— 1710-11. [Chap. 6.]

ordered by the court of general sessions of the peace, by all such rules
and methods prescribed by law to enable the treasurer and receiver-
— his accounts general to gather in the province taxes ; and shall from time to time
the''|lne'l-af ai"-^ ^^Y ^^^foi'^ the general assembly, at their anniversary session in May, an
sembiy iu May accompt of all money that has been raised in his respective county, or
session, annu- ^^ ^^^^ means received by him as county treasurer the year past, what
each town paid towards it, and how the same has been imployed or dis-
posed of; and no further assessment shall be levyed imtil the said
accompt has been offered to the general court as aforesaid and allowed
by them. [^Passed June 28 ; published July 1.

CHAPTER 6.

AN ACT FOR EXPLANATION OF AND SUPPLEMENT TO THE ACT REFERRING

TO THE POOR, &c.

1692-3, chap 28, Whereas the law for the binding out poor children apprentice is
^ ''■ misconstrued by some to extend only to such children whose parents

receive alms ; for explanation whereof, —

De it declared and enacted by Ills Excellency the Governour, Council

and Itepresentatives in General Court assembled, and by the authority

of the same.

Children whose [Sect. 1,] That the Selectmen or overseers of the poor in any town

able" o mah"'^" Or district Avitliin this province, or the greater part of them, shall take

ti^Sid^o^t **^ '^^ order, and are hereby impowred from time to time, by and with the

assent of two justices of the peace, to set to work or bind out apjjren-

tice, as they shall think convenient, all such children whose parents

shall, by the selectmen or overseers of the poor, or the greater part of

them, be thought unable to maintain them (whither they receive alms

or are chargeable to the place or not) ; so as that they be not cessed

to publick taxes or assessments for the province or town charges : male

children till they come to the age of twenty-one years, and females till

they come to the age of eighteen j^ears, or time of marriage ; which shall

be as good and effectual in law, to all intents and purposes, as if any

such child were of full age, and by indenture of covenant had bound

him- or herself, or that their parents were consenting thereto : provision

therein to be made for the instructing of children so bound out ; to wit,

males, to read and write ; females to read, as they resi^ectively may be

Inquiry into the capable. And the selectmen or overseers of the poor shall inquire into

usage of Chll- ,^ r- ^ •^ i 1 T 11 i-^i- T

dren bound out. the usage ot children bound out by themselves or their predecessors,
and endeavour to defend them from any wrongs or injuries.

And, for the better preventing of idleness and loose or disorderly
living, —

He it further declared and enacted by the authority aforesaid,
Persons living [Sect. 2.] That the selectmen or overseers of the poor, or the
work? ^^ ^^* ^ greater part of them, be and are further impowred, by and with the
assent of two justices of the peace, to set to work all such persons, mar-
ryed or unmarryed, able of body, having no means to maintain them,
that live idly, and use or exercise no ordinary and daily laAvful trade or
business to get their living by. And no single person of either sex
under the age of twenty-one years, shall be suffered to live at their own
hand, but under some orderly family government; nor shall any
woman of ill fame marryed or unmarryed be suffered to receive or enter-
tain lodgers in her house.
Idle persons to [Sect. 3.] And the selectmen or overseers of the poor, constables
house'of correct ^^^^ tythingmen are hereby ordered to see to the due observance of this
tiop, &c. act, and to complain and inform against any transgressions thereof to

[1st Sess.] Province Laws.— 1710-11. 655

one or more justices of the peace, or the court of general sessions of the
peace, who are hereby respectively required and impowred, upon due
conviction of the offender or offenders for living idlely or disorderly,
contrary to the true intent of this act, to commit or send such offenders
to the house of correction, or workhouse, there to remain and bo kept
to labour until they be discharged by order of such justice or justices,
or the court of general sessions of the peace, unless such person or per-
sons so complained of shall give reasonable caution or assurance, to the
satisfaction of the justice or court that they will refonn : 2^'>'0vided,

[Sect. 4.] This act shall not be construed to extend to hinder any Exception,
singlewoman of good repute from the exercise of any lawful trade or
imploymcnt for a livelihood, whereto she shall have the allowance and
approbation of the selectmen or overseers of the poor, or the greater
part of them, any law, usage or custom to the conti-ary notwithstand-
ing. And any two justices, committing any person or persons as afore- Power to dis.
said, are hereby impowred, as they shall find cause, to discharge them *^ *'^^'
again.

[Sect. 5.] This act to continue in force until the end of the session Limitation,
of this court in May, 1717, and no longer. ^Passed Jane 19 ; 'puh-
lished June 28.

CHAPTER 7.

AN ACT FOR THE ADMEASUREMENT OF BOARDS, PLANK AND TIMBER, AND
REGULATING THE TALE OF SHINGLES.

"Whereas boards, plank and timber are usually sold by the measure
set upon them at the mills where they are sawn, and bundles of shingles
are mark'd for a greater number than what they contain, wherein great
fraud and deceit is too often practised by ill-minded persons ; for pre-
vention whereof, —

J3e it enacted by His Excellency the Governom\ Council and Hep-
resentatives in General Court assembled, and by the authority of the
same,

[Sect. 1.] That in each maritime town within this province where Surveyors and
boards, plank, timber and slit-work are usually imported, or brought for boa^"s7&c.° to
sale, or exported beyond sea, there be two or more honest skilful per- '^^ annually
sons annually elected by such town, at the time of their anniversary itime towns.
choice of town officers, to be surveyers and measurers of boards, plank,
timber and slit-work, and surveyers of shingles, who shall be sworn in
manner as other town officers, to the faithful performance of the duty of
their office,

[Sect. 2.] And all boards, plank, timber or slit-work imported or All boards, &c.,
brought for sale, before their delivery upon sale, shall be viewed, sur- fore sale,
veyed, and also measured, by one of the said officers, where he shall
have any doubt of the measure, having consideration for drying and
shrinking ; also shall mark anew all such, to the just contents, making
reasonable allowance for rots, splits and weanes : the buyer to pay the Fee for viewing
officer sixpence per thousand feet for viewing onely, and sixpence per ^^ measuring,
thousand feet more for measuring and marking, and pro rato for a lesser
quantity than a thousand feet.

[Sect. 3.] And no boards, plank, timber or slit-work shall be deliv- No boards, &c.,
ered upon sale, or ship'd for exportation beyond [</te] sea, before they before vFewing.
have been viewed and surveyed, and also measured (if occasion be), and
marked anew by one of the officers thereto appointed, on pain of being
forfeited, or the value thereof, by the seller or shipper, to the use of the
poor of the town where they are sold or ship'd.

656

Shingles not
holding out in
number to be
forfeited.

Dimensions of

merchantable

shingles.

Province Laws. — 1710-11.

[Chap. 8.]

Fee for survey-
ing and telling.

And be it further enacted^

[Sect. 4.] That all shingles exposed to sale, by quantities in bun-
dles, that do not hold out the number they are mark'd for, unless it
appear some have been drawn or shaken out of the bundle after pack-
ing, shall be forfeited to the use of the poor of the town where they
are exposed, the charge of searching and telling of them to be paid
thereout.

[Sect. 5.] That every bundle of shingles that, according to the
sound judgment of the surveyor, will hold out, one with another, four
and half inches in breadth, shall be accounted merchantable : provided
they are fifteen or eighteen inches in length, according to which length
they are sold for ; and the least to be three inches in breadth and up-
wards, and one-tlaird of an inch, or upwards, in thickness, and all that
are otherways to be culled out and burnt, and so many more, if need
be, till what are left of said bundle will bear the four and half inches,
according to the judgment of the surveyor, who shall have for his ser-
vice one penny for every thousand surveying, and one penny more per
thousand for telling, to be paid by the buyer, where no forfeiture is, for
want of tale, to satisfy the charge ; and for every thousand he culls and
binds up again, twelvepence i:»er thousand, and proportionable for lesser
quantity, to be paid by the owner or seller of said shingles, returning
the remainder to the owner, if any be, after the charges are paid, any
law, usage or custom to the contrary notwithstanding. \^J*assed June
21 ; published June 28.

CHAPTER 8.

AN ACT FOR EXPLAINING AND ENLARGING OF THE ACT FOR PREVENTION
OF COMMON NUSANCES ARISING BY SLAUGHTER-HOUSES, STILL-HOUSES,
&c., TALLOW-CHANDLERS AND CURRIERS.

1892-3, chap. 23. Wheeeas in and by the act intituled " An Act for prevention of
common nusances arising by slaughter-houses, still-houses, &c., tallow-
chandlers and curriers," made and pass'd in the fourth year of the reign
of their late majesties, King William and Queen Mary, it is enacted,
" that the selectmen of the towns of Boston, Salem and Charlcstown,
respectively, or other market towns within the province, with two or
more justices of peace dwelling in the town, or two of the next justices
in the county, shall, at or before the last day of March, 1693, assign
some certain places in each of the said towns (where it may be least
ofiensive) for the erecting and setting up slaughter-houses, for the kill-
ing of all meat, still-houses and houses for trying of tallow and currying
of leather ; at which houses and places, respectively, and no other, all
butchers and slaughter-men, distillers, chandlers and curriers shall exer-
cise and practice their respective trades and mysteries " ; but forasmuch
as, by reason of the growth and increase of the said towns, several of the
houses and places then so assign'd are become inconvenient for the use
intended, ofiensive, and by ill stenches tend to breed infection ; and the
said act directing to that time only for the assigning of places for those
uses, and not looking forward, —

Be it enacted by His l^xcellency the Governour, Council and Repre-
sentatives in General Court assembled., and by the authority of the same,
[Sect. 1.] That it shall and may be lawful to and for the selectmen
of each of the towns aforesaid, respectively, with two justices as afore-
said, inhabitants of the tovfn (if such there be), from time to time as
occasion shall be, to assign and appoint suitable places, where it may be

Places to be as
signed for
slaughtering
meat, &c.

[1st Sess.] Province Laws. — 1710-11. 657

least offensive, for the exercising of any of the aforesaid trades or mys-
teries of killing meat, distilling of spirits, trying of tallow or currying
of leather, and to forbid and restrain the exercise of either of them in
other places not so aj^joroved and alloAved of

And be it further enacted by the authority aforesaid^

[Sect. 2.] That when and so often, from time to time, as it shall Places assigned
appear any house or place assign'd or to be assign'd to and for the sive'to bf aiter-
exercising of either of the aforesaid trades or mysteries, to become a ed, upon iuqui-
nusance by reason of offensive and ill stenches proceeding from the
same, or otherwise hurtful to the neighbourhood, it shall and may be
lawful, to and for the court of general sessions of the peace within the
county, to cause inquiry to be made thereinto by a jury, and to suppress
such nusance by prohibiting and restraining the further use thereof for
the exercise of either of the aforesaid trades or mysteries, under a fine Penalty for
not exceeding forty shillings per month, to be to the use of the poor of makfug^'IlTy"''
such town, or othcrAv[ise][aies], as in their discretion they shall think other nuisan-
fit, by causing the said nusance to be removed or prevented, or any *^^^*
other nusance to be inquired of in manner aforesaid.

And be it further enacted,

[Sect. 3.] That the proof of any dead beast or beasts hanging up Conviction of
in any out-house, or the lying or carrying out the entrails, garbage of hous^es!^"^'
beasts, or blood of creatures, in or out of such house, shall be sufficient
conviction in law that such house is used for a slaughter-house, within
the intent of the law against common riusances. [Passed June 20 ;
published June 28.

CHAPTER 9.

AN ACT FOR REVIVING AND FURTHER CONTINUING OF SEVERAL TEMPO-
RARY ACTS, WHICH BY THEIR RESPECTIVE LIMITATIONS, ARE NEAR
DETERMINING AND EXPIRING.

"Whereas several acts have been made and pass'd by this great and
general court, with limitations to continue for a certain time now near
expiring, the revival and further continuing whereof is found neces-
sary,—

J3e it therefore enacted by His Excellency the Governour, Council
and Hejjresentatives in General Court assembled, and by the authority
of the same,

[Sect. 1.] That the act intituled "An Act to prevent the deserting Deserting the
of the frontiers," made and pass'd in the twelfth year of the reign of a699!irTO,"ch.22.
his late majesty, liang William the Third, the paragraph in addition to
the act for levying souldiers, contained in an act intituled "An Act for iToi-e^chap. 14.
further continuing of several acts therein mentioned that are near
expiring," made and pass'd in the thirteenth year of his said late
majesty's reign, the act intituled "An Act granting unto her majesty itow! du»p. 4.
several rates and duties of impost and tunnage of shipping," made and
passed in the second year of her present majesty's reign, and all and
singular the paragraphs, articles, matters and things contained in the
two acts aforegoing, be and hereby are revived ami further continued
in force, to be practised, exercised and put in execution, until the
twenty-ninth day of June, which will be in the year of our Lord one
thousand seven hundred and eleven, any proviso or limitation in the
said acts, or either of them, notwithstanding ; the duty of tunnaf e of
shipping being provided by law now in force to be paid in good new
gunpowder, and in no other specie, for and during the present war
with France.

658

Province Laws. — 1710-11.

[Chap. 10.]

Law martial.
170i-5, chap. 7.

Premium for
Indian scalp.
1706-7, chap. 7.
1706-7, chap. 12.

Against sol-
diers or seamen
being arrested.
1704-5, chap. 10.

Limitation.

1699-1700, ch. 17.

And be it further enacted hy the authority aforesaid^

[Sect. 2.] That the act intituled " An Act for punishing of officers
and souldiers retained in her majesty's service, and under pay," made
and pass'd in the third year of her present majesty's reign ; the act
intituled " An Act to encourage the prosecution of the Indian enemy
and rebels," made and pass'd in the fifth year of her present majesty's
reign, with the addition made thereto in an act pass'd in the fifth and
sixth years of her said majesty's reign ; the act intituled " An Act against
souldiers and seamen in her majesty's service being arrested for debt,"
made and pass'd in the third year of her present majesty's reign, and
all and singular the paragraphs, clauses, articles, directions, powers,
penalties, forfeitures, references, matters and things in the said several
acts and every of them respectively contained, be and hereby are
revived, re-enacted, and directed to abide and remain in force, and
accordingly to be exercised, joractised and put in execution, as occasion
shall require, until the twenty-ninth day of June, which will be in the
year of our Lord one thousand seven hundred and eleven : provided^
nevertheless^ that the act for punishing of officers and souldiers retained
in her majesty's service, and under pay, shall be determined before the
said twenty-ninth day of June, if the war with France be brought to
an end before that time.

And provided^ that no commission officer but such as are in actual
service, and under pay, shall be a member of any court martial, or sit
uj)on the tryal of any offender.

And promded., that no officer or souldier, after his being disraiss'd
and out of pay, shall be tryed by a court-martial for any offence com-
mitted during his continuance in the service ; but such officer or soul-
dier shall be left to be tryed by the course of the common law, any
usage or custom to the contrary notwithstanding.

And he it further enacted^

[Sect. 3.] That the act intituled "An Act for putting the militia of
this province into a readiness for defence of the same," be carefully
observed and vigorously prosecuted. \Passed June 23; published
June. 28.

CHAPTER 10.

AN ACT FOR APPORTIONING AND ASSESSING OF TWO SEVERAL TAXES
ON POLLS AND ESTATES, PURSUANT TO THE FUNDS AND GRANTS MADE
TO HER MAJESTY BY THE GENERAL ASSEMBLY IN THE YEARS 1707
AND 1708.

Whereas the great and general court or assembly of the province
of the Massachusetts Bay in New England, at their several sessions in
the years 1707 and 1708, did make and pass two several grants of taxes
as funds and security for the repayment and drawing in of several sums
in the bills of credit on this province, ordered to be imprinted, repeated
and issued out of the publick treasury; that is to say, at their session
begun the twenty-ninth day of October, 1707, a grant of eight thou-
sand pounds* ; and at their session begun the twenty-sixth day of May,
1708, a grant of fourteen thousand poundsf; in the whole, twenty-two
thousand pounds, applyed to the ends and uses in the said grants par-
ticularly enumerated and expressed; which aforesaid two several
grants were to be apportion'd, assessed and levyed on polls, and estate
both real and personal, within this province, according to such rules
and in such proportion, upon the several towns and districts within the
same, as should be agreed on and ordered by this court in their present
session ; wherefore, for the perfecting of the said two grants made unto

* Notes to 1707, resohe (c) t Notes to 1708-9, resolve (a.)

[1st Sess.]

Province Laws. — 1710-11.

659

her most excellent majesty as above recited, which are hereby unan-
imously approved, ratifyed and confirmed, we, her majesty's loyal and
dutiful subjects, the representatives in general court assembled, pray
that it may be enacted, —

And be it accordingly enacted hy JBxs Excellency the Governow\
Council and Hepreseniatives in General Court assembled, and by the
authority of the sanie^

[Sect. 1.] That each town and district within this province shall
be assessed and pay, as its proportion of the said twenty-two thousand
pounds, and the further additional sum of six hundred eighty-nine
pounds, three shillings and ninepence, now granted for drawing in a Hke
sum of the outstanding bills of credit, towards the discharge of the
publick debt, the whole assessment to be apportioned and made by
virtue of this act, amounting to twenty-two thousand six hundred
eighty-nine pounds, three shillings and ninepence, the sum following ;
that is to say, —

IN THE COUNTY OF SUTFOLK;.

Boston, four thousand one hundred sixty-seven pounds

six shillings and sevenpence, ....
Roxbury, three hundred and twenty pounds,
Dorchester, four hundred and forty pounds, .
Hingham, three hundred and sixty pounds, .
Braintrey, three hundred and twenty pounds,
Dedham, two hundred and seventy pounds, .
Medfield, two hundred thirty-five pounds ten shillings,
"Weymouth, one hundred ninety-five pounds,
Milton, one hundred and forty pounds,
Hull, eighty pounds ten shillings, ....
Wrentham, seventy-seven pounds ten shillings, .
Mendon, ninety pounds, .....
Woodstock, seventy-five pounds, ....
Brooklyn, one hundred and fifteen pounds, .

£4,167 65. Id.

320 0 0

440 0 0

360 0 0

320 0 0

270 0 0

235 10 0

195 0 0

140 0 0

80 10 0

77 10 0

90 0 0

75 0 0

115 0 0

IN THE COUNTY OP ESSEX.

Salem, eight hundred and fourteen pounds, .
Ipswich, one thousand pounds, ....
Newbury, six hundred ninety-eight pounds ten shillings
Marblchead, three hundred sixty-eight pounds, .
Lynn, three hundred and thirty pounds,
Aiidover, three hundred twenty-four pounds,
Beverly, two hundred sixty-one pounds,
Kowley, two hundred and fifty pounds,
Salisbury, one hundred eighty-five pounds .
Haverhill, one hundred and sixty pounds,
Glocester, two hundred and one pounds eleven shillings

and eightpence,

Topsfield, one hundred and eighty poimds, .
Boxford, one hundred thirty-eight pounds ten shilUngs
Wenham, one hundred thirty-eight pounds, .
Amesbury, one hundred and ten pounds,
Bradford, one hundred twenty-five pounds twelve shil

lings and sixpence, .....
Manchester, forty-six pounds, ....

814 0 0

1,000 0 0

698 10 0

368 0 0

330 0 0

324 0 0

261 0 0

250 0 0

185 0 0

160 0 0

201 11 8

180 0 0

138 10 0

138 0 0

110 0 0

125 12 6

46 0 0

IN THE COUNTY OF MIDDLESEX.

Cliarlestown, five hundred and ninety pounds, . . 590 0 0
Watertown, four hundred thirty-three pounds ten

shilUngs, 433 10 0

660

Province Laws.— 1710-11.

[Chap. 10.]

Cambridge, three himdred ninety-eight pounds ten

shillings,

Concord, three hundred and forty pounds, .
TVobourn, three hundred thirty-three pounds.
Beading, two hundred fifty-four pounds ten shillings,
Sudbury, two hundred fifty-one pounds, . .
Marlboro, two hundred and fifty pounds ten shilHngs,
Newtown, two hundred pounds ten shillings,
Maiden, one hundred and ninety pounds,
Chelmsford, one hundred sixty-seven pounds,
Bilerica, one hundred sixty-one pounds ten shillings,
Sherborne, one hundred and fourteen pounds eight shil

lings and elevenpence,

Groton, fifty pounds,

Lancastei*, fifty pounds,

Framingham, one hundred and fourteen pounds eleven

shillings and twopence,

Medford, seventy-four pounds ten shillings, .

Stowe, fifty-five pounds,

Dunstable, fifteen pounds,

Dracutt, fifteen pounds,

£398 10s. Od.

340 0 0

333 0 0

254 10 0

251 0 0

250 ]0 0

200 10 0

190 0 0

167 0 0

161 10 0

114 8 11

50 0 0

114 11 2

74 10 0

55 0 0

15 0 0

IN" THE COUNTY OF HAMPSHIRE.

Springfield, two hundred seventy-two pounds, . . 272 0 0
Northampton, two hundred and twenty pounds ten

shillings, _ . 220 10 0

Hadley, one hundred fifty-seven pounds ten shillings, 157 10 0

Hatfield, one hundred thirty-six pounds ten shillings, . 136 10 0

Westfield, one hundred and eight pounds, . . . 108 0 0

Sufiield, seventy pounds, 70 0 0

Enfield, sixty pounds, 60 0 0

Deerfield, 00 0 0

IN THE COUNTY OF PLYMOUTH.

Plymouth, two hundred and twelve pounds, . . 212 0 0

Plimton, one hundred and eight pounds, . . . 108 0 0

Scituate, four hundred pounds, 400 0 0

Bridgwater, two hundred thirty-six pounds ten shillings, 236 10 0

Marshfield, two hundred and seven pounds, . . . 207 0 0

Duxbury, one hundred and ninety pounds, . . . 190 0 0

Middleboro, one hundred pounds, 100 0 0

Rochester, eighty pounds, * 80 0 0

IN THE COUNTY OF BARNSTABLE.

Barnstable, three hundred and eighty pounds,
Eastham, two hundred and five pounds seven shillings
and fourpence, . . . . . .

Sandwich, two himdred and seventy pounds,
Yarmouth, two hundred and eight pounds, .
Harwich, one hundred and twenty pounds, .
Falmouth, seventy-three pounds ten shillings,
Manimoit, sixty-nine pounds ten shillings, .
Truroe, sixty-five pounds five shillings and twopence,

380 0 0

205 7 4

270 0 0

208 0 0

120 0 0

73 10 0

69 10 0

65 5 2

IN THE COUNTY OP BRISTOL.

Bristol, two hundred and twenty pounds, . . . 220 0 0
Taunton, three hundred ninety-three pounds three shil-
lings and elevenpence, 393 3 11

£365

165,

.Qd.

260

265

170

[1st Sess.] Province Laws. — 1710-11. G61

Dartmouth, three hundred sixty-five pounds sixteen
shillings and sixpence, ......

Rehoboth, two hundred and sixty pounds, .
Little Compton, two hundred and sixty pounds, .
Swanzy, two hundred sixty-five pounds,
Tiverton, one hundred and seventy pounds, .
Freetown, seventy pounds, ......

Attleboro, forty pounds, ......

Iisr DUKES COUNTY.

Edgartown, fifty pounds, ......

Chilmark, fifty-one pounds, ......

Tisbury, thirty pounds, . . . . . , .

IN THE COUNTY OF YORK.

York, twenty pounds,

Kittery, forty pounds,

Wells, ten pounds,

Nantuckett, two hundred and twenty pounds, . . 220 0 0

Amounting in the whole to the smn of twenty-two thousand six hun-
dred eighty-nine pounds, three shillings and ninepence.
And be it further efiacted hy the authority aforesaid,
[Sect. 2.] That the treasurer do forthwith send out his waiTents,
directed to the selectmen or assessors of each town or district within
this province, requiring them, respectively, to assess the sum hereby set
uj^on such town or district within this province, in manner following ;
that is to say, to assess all ratable male polls above the age of sixteen
years, at ten shillings the poll (except the governour and lieutenant-
governour and their familys, the president, fellows and students of
Harvard Colledge, setled ministers and grammer-school masters, who
are hereby exempted as well from being taxed for their polls as for their
estates being in their own hand and under their actual management and
improvement) ; and other persons in any town (if such there be) who,
through age, infinnity or extream poverty, in the judgement of the
assessors, are not capable to pay towards publick charges, they may ex-
empt their polls and so much of their estate as in their prudence they
shall think and judge meet; and all estate, both real and personal, lying
within the limits and bounds of such town or district, or next unto the
same, not paying elsewhere, in whose hand, tenure, occupation or pos-
session soever the same is or shall be found, and income by any trade or
faculty Avhich any person or persons (except as before excepted) do or
shall exercise in gaining, by moneys or other estate not particularly oth-
erwise assest, or commissions of profit in their improvement, according
to their understanding and cunning, at one penny on the pound ; and to
abate or multiply the same, if need be, so as to make up the sum hereby
set and ordered for such town or district to pay ; and in makeing their
assessment, to estimate houses and lands at six )^ears' income of the
yearly rents whereat they may be reasonably sett or lett for in the
places where they lye (saveing all contracts betwixt landlord and ten-
ant, and where no such contract is, the landlord to re-imburse the one-
halfe of the tax set upon such houses and lands), and to estimate Indian,
negro and molatto servants proportionably, as other personal estate, ac-
cording to their sound judgement and discretion ; also to estimate every
ox of four years old and iipwards, at forty shillings; every cow of three
years old and upwards, at thirty shillings ; every horse and mare of
three years old and upwards, at forty shillings ; every swine of one year
old and upwards, at eight shillings ; and every sheep of one year old

662 Province Laws.— 1710-11. [Chap. 11.]

and_ upwards, at four shillings ; likewise requiring the assessors to make
a fair list of the said assessment, setting forth in distinct columns against
each particular person's name how much he or she is assessed at for
polls, and how much for houses and lands, and how much for personal
estate and income by trade or faculty ; and the list or lists so perfected
and signed by them, or the major part of them, to commit to the col-
lector, constable or constables of such town or district, and to return a
certificate of the name or names of such collector, constable or consta-
bles, together with the sum total to each of them respectively commit-
ted, unto himselfe some time before the last day of August next.

[Sect. 3.] And the treasurer for the time being, upon the receipt of
such certificate, is hereby impowred and ordered to issue forth his war-
rants, to the collectors, constable or constables of such town or district,
requiring him or them respectively to collect the one-halfe of each
respective sum assessed on each particular person, before the last day of
November next ; and of the inhabitants of the town of Boston, to collect
their proportion some time in the month of September foregoing, and
to pay in their collections and issue the accompts of their first halfe at
or before the last day of November, aforesaid ; onely for Boston, at or
before the last day of the said month of September; and to collect the
other halfe of each particular person's assessment, and pay in the same
into the treasury, and issue the accompts of the whole with himselfe, or
the treasurer for the time being, at or before the last day of May, which
will be in the year of our Lord one thousand seven hundred and. eleven.
Afid be it further enacted by the authority aforesaid,
[Sect. 4.] That the assessors of each town and district, respectively,
in convenient time before their makeing the assessment, shall give sea-
sonable warning to the inhabitants, in a town meeting, or by posting up
notifications in some place or places in such town or district, or other-
wise to notify the inhabitants to give or bring in to the said assessors
true and perfect lists of their polls and rateable estate ; and if any per-
son or persons shall neglect or refuse so to do, or bring in a false list, it
shall be lawful to and for the assessors to assess such person or persons,
according to their known ability within such town, in their sound
judgement and discretion, their due proportion to this tax, as near as
they can, according to the rules herein given, annexing the penalty of
five shillings for each person that shall and may be convicted of bring-
ing in a false bill ; and said fine shall be for the use of the poor of such
town or district where the delinquent lives. [Passed June 20 ; pub-
lished June 28.

CHAPTER 11.

AN ACT FOR GRANTING UNTO HER MAJESTY AN EXCISE UPON WINES,
LIQUORS AND OTHER STRONG DRINKE SOLD BY RETAILE.

£700

05.

Od.

373

205
58

0
0

, 58

0
0

' 23
, 17
. 13

0
0
0

[1st Sess.] Province Laws. — 1710-11. 663

levyed, raysecl, collected and paid by and upon the several taverners,
innholders, common victuallers and retailers within each respective
county, in manner and proportion following, for one year next comeing,
from the twenty-ninth day of June, in this present year, one thousand
seven hundred and ten ; that is to say, —

For and within the county of Suffolk, seven hundred
pounds, .......'.

For and within the county of Essex, three hundred sev-
enty-three pounds, .......

For and within the county of Middlesex, two hundred
and five pounds,

For and within the county of Plymouth,fifty-eight pounds.

For and within the county of Barnstable, fifty-three
pounds,

For and within the county of Bristol, fifty-eight pounds,

For and within the county of Hampshire, twenty-three
pounds, ......•••

For and within the county of Yorke, seventeen pounds,

For and within Dukes county, thu-teen pounds,

In the whole, fifteen hundred pounds, . . £1,500 Os. Ocl

And pray that it may be enacted, —

And be it accordingly enacted by His Excellency the-Governour^
Council and Assembly^ in General Court convened^ and by the author-
ity of the same,

[Sect. 1.] That the aforesaid excise, amounting to the sura of fifteen
hundred pounds, shall, by the justices of the respective courts of gen-
eral sessions of the peace, at their first court after the twenty-ninth day
of June, in this present year one thousand seven hundred and ten,
according to the time prefixed and stated by law for holding the same,
or at their next meeting, upon the adjournment of any court before
holden, be levyed, laid and duely apportioned, accoi-ding to their good
discretion, to and upon the several taverners, inholders, common
victuallers and retailers within their county, in proportion to the sum
set for such county to pay as aforesaid ; and that before the granting
or renewing of licenses, the justices do advise, consider and detemiin
what part and how much of the said sum shall be levyed on and paid
by each person to whom license shall be granted, for his draught.

[Sect. 2.] And, for ease of the justices, in apportioning the sum
hereby set to be raysed upon the inholders and other publick licensed
houses in the respective county's, by reason of distance or not being
acquainted with their draught, it shall and may be lawful, to and for
the justices, to accept such persons' obligations to pay for their draught
according to the several rates and dutys mentioned in the act for excise
made and passed in the year one thousand seven hundred and one, and ^''"^-"-^ ''^'^P- *'•
to render an accompt thereof, upon oath, to the general sessions of the
peace within the county, quarterly, which is to be reckoned in part of
the sum set as abovesaid ; and shall cause every person and persons
so licensed to enter into recogniscance to her majesty, with one or more
sufficient surety's, before one or more of the justices of such court, well
and truely to pay the sum set and apportioned upon them as aforesaid,
to the treasurer and receiver-general of the province, by two even and
equal payments, before the full expiration of each halfe of the said year,
before they receive their licenses out of the clerk's office.

[Sect. 3. J And the clerk shall transmit to the treasurer a list of the
names of all the persons licensed, and the sums they are respectively
to pay.

664: Province Laws.— 1710-11. [Chap. 11.]

And, for reclaiming the over great number of licensed houses, many
of which are chiefly used for revelling and tipling, and become nurse-
ries of intemperance and debauchery, indulged by the masters or keepers
of the same for the sake of gain, —

JBe it enacted by the authority aforesaid,

[Sect. 4.] That for this year, 1710, the justices of the court of gen-
eral sessions of the peace, in the respective county's, do order their
clerk to transmit to the selectmen of the several towns a list of the
names of the persons in such town that had license granted them the
year past, and that licenses be renewed to none of them that the select-
men shall except, as unfit to hold and exercise such an imployment by
reason of their not keeping good rule and order in their houses, not
being sutably accommodated and provided for the entertainment of
strangers and travellers as the law directs, or not of sober conversation ;
and that, at no time or times hereafter, any person or persons shall be
firstly or originally licensed to be a victualler, inholder, taverner, or
sellar of wine, beer, ale, cyder or strong drink or spirits, by retail, other
than such who shall produce certificate from the selectmen of the town
where they dwell of their recommendation of them to be persons of
sober conversation, sutably qualifyed and provided for the exercise of
such an imployment; and that no license be renewed, from time to time,
to any person heretofore licensed, against whom any presentment, com-
plaint or information shall be made for misrule or disorder in such
house, or for not being sutably provided, as the law in such case
requires, to receive and entertain strangers or travellers at bed and
board, before the matter informed and complained of be inquired into
and judged of; and if every common victualler, innholder or tav-
erner, enjoyned by law to be sutably provided to receive and entertain
strangers, travellers or others, as occasion may require, shall be convicted
of refuseing to make sutable provision, when desired, for the receiving
of strangers, ti'avellers, or for any publick entertainment, such person
shall be deprived of his license ; and any three or more of the justices
of the court of general sessions of the peace, quorum unus, are hereby
impowred and directed, by warrent under their hands and seals
directed to the sherifi* or his deputy, to cause his signe to be taken down.

[Sect. 5.] And no town, except the maritime towns, shall have
more than one innholder and one retailer at one and the same time,
unless the selectmen of the town shall judge there is need of more for
the better accommodations of travellers.

And, for the better preventing of tipling or drunkenness, —

[Sect. 6.] No person licensed to retail wine or strong liquors out
of doores, shall presume to sell or sufier any to be drunk within his or
her house or the dependencies thereof, nor sell by less quantity than a
quart at one and the same time, on pain of sufiering the penalty of the
law, as a sellar without license.

And he it further enacted by the autJiority aforesaid,

[Sect. 7.] That if any person or persons shall presume to sell wine,
l)eer, ale, cyder or any strong drink or spirits, without a license first
had and orderly obtained as aforesaid, upon conviction of the same, or
confession of the party before one or more of her majesty's justices of
the peace, he shall pay, as a fine, four pounds, the one-halfe to the
infonner, the other halfe to the use of the persons licensed in the same
county, to be distributed among them in proportion to the excise set
upon them.
1701-2, chap. 15. [Sect. 8.] And all the articles, paragraphs, powers, authority's,
directions, prosecution, matters and things contained in the act for
excise, made in the year 1701, relating to the discovery and conviction
of persons for selling without license, are hereby revived, re-enacted
and continued, to abide in force, and to be accordingly practised and

[1st Sess.] Province Laws.— 1710-11. 665

put in execution during the continuance of this present act, except the
application of the fine, which is otherwise directed in and by this
present act.
And be it further enacted hy the authority aforesaid,
[Sect. 9.] That the sheriffs, grand-jurors, selectmen, undersheriffs,
constables, tythingmen and such other persons as shall be appointed by
the respective courts of general sessions of the peace, in each county,
for that service, be and hereby are impowred and required to visit, from
time to time, as they shall think necessary, without being denyed
entrance, all licensed houses, and to infoim of all disorders and trans-
gressions of the law committed in such houses, as also to inspect,
inquire, present or inform of all persons that shall presume to sell
without license. [Passed June 30 ; published July 1.

566 Province Laws.— 1710-11. [Chap. 12.]

ACTS

Passed at the Session begun and held at Boston,
ON the Eleventh* day of October, A.D. 1710.

CHAPTER 12.

AN ACT FOR EXCHANGING THE TWENTY-SHILLING BILL OF CREDIT, &c.

1702, chap. 8. Wheeeas, at the first imprinting of the bills of publick ci'edit on this

province of the Massachusetts Bay, in the year [1702] [^one thousand
seven hundred and two\ there were three plates engraven of the twenty-
shilling bill, having only some literal difierence in the character each
from other, one of which, by the wicked practises of some ill-minded
men, has been perniciously counterfeited, and divers false bills have
been uttered, imposing on her majesty's good subjects, to their loss and
damage ; the cheat being less perceptable and more difiicultly discovered
by reason that there are three several impressions of the twenty-shilling
bill, with some small variance, not obvious without a curious inspec-
tion ; and, for the better preventing of such fraud and cousenage for the
future, this court, at their session in May last past, having ordered that
two of the said plates be erazed and altered into other sums, and that a
certain number of twenty-shilling bills be imprinted off the third plate,
with the alteration of the date to this present year one thousand seven
hundred and ten, to be signed, perfected and delivered into the treasury,
to the value, as they judged, of the outstanding twenty-shilling bills,
with intent to call in and exchange the same, and that henceforward
there should be an impression of that sum off one plate only, which
being accordingly jsrepared and made ready, —

Be it therefore enacted hy His Excellency the Governoitr^ Council and

Representatives in General Court assembled, and by the authority of

the same,

Twenty-shilling [Sect. 1.] That the treasurer and receiver-general of this province,

of 'mlncTt to**^ ^*-*^" ^^^^ time being, be and hereby is directed and required, from and

btj issued. after the publication of this act, not to issue or j^ay out any of the

twenty-shilling bills of the date of one thousand seven hundred and

two, but to keep them in the treasury, with those of the like sum and

date yet outstanding, when drawn in to be numbred and accounted

among the other bills that are worn out and rendred unfit for service,

and disposed of as this court shall order.

And be it further enacted by the authority aforesaid,
Twenty-shilling [Sect. 2.] That, from and after the publication of this act, the
be exchanged! treasurer be and hereby is impowred and directed to exchange all
the twenty-shilling bills of the aforesaid date of one thousand seven
hundred and two, which shall be brought to him by any person or per-
sons whomsoever, before the first day of March next, being true bills,

• Continued, by adjournment, from the twelfth to the twenty-fourth of October.

[4th Sess.] Province Laws.— 1710-11. 667

not falsifyed, and give them other bills in lieu thereof; and all persons
possessing any of the said twenty-shilling bills, dated [1702] [one thou-
sand seven hundred and t'Wo\ are hereby required to bring them to the
treasurer to be exchanged accordingly.

[Sect. 3.] And that printed copies of this act be forthwith sent to Printed copies
the sheriffs of the respective counties, to be by them transmitted to the *° ® sperse
several towns of their precincts, there to be posted up. {Passed No-
vember 4 ; published November 15.

CHAPTER 13.

AN ACT FOR THE BETTER REGULATION OF FOWLING.

"Whereas the water-fowl, of divers kinds, which were wont In former
years in great numbers to fi-equent the maritime towns of this province,
were of great service and benefit to the inhabitants, both for meat and
feathers, but are now, in great measure, affrighted and driven away by
many persons who have made use of boats, or canoes with sails, or
canoes or floats trimmed up, covered, or disguised Avith hay, sedge, sea-
weed, ice, cloths or other materials, therein to go off to shoot them at
distances from the shoar, upon the flatts and feeding ground, which
practices, if continued, are likely to have the ill effect to cause the fowl
wholly to desert and disuse the said towns ; for prevention whereof, —

jBe it enacted by His Excellency the Governour, Council and Repre-
sentatives in General Coxirt assembled^ a7id by the authority of the same,

[Sect. 1.] That if any person or persons shall, at any time after two
months from the publication of this act, make use of any boat, canoe,
float, raft or other vessel dressed up, or anywise disguised, or of any
boat or canoe with sailes, wherewith to approach to and shoot at any
water-fowle, in any part of this province, he or they so offending shall
each of them forfeit and pay for every such offence the sum of forty
shillings, one moiety thereof to the informer, the other moiety to the
poor of the town where the offence shall be committed.

[Sect. 2.] And every such offender shall be and hereby is prohibited
and restrained from useing a gun to shoot at water-fowle for the space
of three years next after his offence, upon the like penalty of forty
shillings for each time he shall presume so to offend, to be disposed of
in manner as the forfeiture aforementioned.

[Sect. 3.] This act to continue in force until the tenth day of De-
cember, in the year one thousand seven hundred and thirteen, and no
longer. {jPassed November 4 ; published November 15.

Notes. — There were six sessions of the General Court this year, at two of which, onh', acts
were passed. The engrossments of all the foregoing acts are preserved, and all of them, but
chapters 10 and 11, were printed.

For the doings of the Privy Council see kotes to 1707, ante.

Chap. 2. In Januarj', 1738, the validity of this act, as also of chapter 14 of the acts of 1G92-3,
to which this was in addition, was established by a decree of the Judicial Committee of the
Privy Council, upon an appeal from the decree of the Governor and Council, sitting as a court
of appeals in probate, afTirming an order of the Judge of Probate for the county of Suffolk, tor
dividing the real estate of Ileury Phillips, deceased, among his mother, brother and sisters, &c.
This interesting case, which is fully reported in the Proceedings of the Massachusetts Historical
Society, is important as illustrating the effect of the Royal approval, upon acts passed by the
Provincial Assembly not strictly in accordance with the laws and customs of England, and also
as furnishing further evidence that the acts passed, here, between 1700 and 1715, of which no
allowance by the Privy Council has been found, were, virtually, approved, and were so consid-
ered by leading British law^-ers and magistrates at the date of the above decision. — See " iho
case of Phillips vs. Savage " in Proceedings of Mass. Ilist. Soc, 18G0-1862, pp. 64r-80, and
165-171.

Chap. 12. " June 29, 1710. Report of the Committee for preventing the Counterfeiting tha
Bill.s of publick Credit; viz., —

668 Province Laws.— 1710-11. [Notes.]

In Observance of the Order of Court, appointing us a Committee, to consider & propose what
may more effectually prevent the Counterfeiting of the Bills of publick Credit, We are humbly
of Opinion that the great Plate, upon which .there is two Twenty shilling Bills, be altered on the
Plate ; viz.. One to be made Fifty & the other Four shillings ; That there be no Bed Scroll in the
Body of the Bills, contained on the small Plate ; That Twenty-live thousand Pounds in Bills be
forthwith imprinted & delivered to the Treasurer & remain in his hands until Order from the
Court to emit them. Sign'd: Elisha IIutchixsox, per Order of the Comm'«».

Read & Accepted by the House of Eepresent"^^ And that One thousand Pounds be made upon
the small Plate, Twenty thousand Pounds upon the Middle Plate & Four thousand Pounds upon
the great Plate; And that the Committee that made the last Bills, be desired to make these, as
soon as may be, upon the same Terms.

Agreed to by the Council ; Consented to: J.Dudley."

— Council Records, vol. IX., p. 45.

The follcrwing resolves are referred to in subsequent acts : —

(a.) " June 23, 1710. The following Resolve, Pass'd the House of Represent"', for Supply
of the Treasury, Read & Concur'd; viz., —

Resolved that the Treasurer be & herebj' is ordered & impowered to issue forth & emit the
sum of Thirteen thousand Pounds, of Bills of Credit on this Province, which are or shall be re-
ceived into the Treasury, towards Payment of the publick Debts of the Province already con-
tracted, (S: the further growing Charge for the Defence thereof; for the supplying & subsisting of
the Province Galley & Sloop, Forts, Garrisons, & Forces raised & to be raised & employed
■within the same, & Wages arising for their Service; For Payment of Grants, Salaries & Al-
lowances made & to be made by this Court, According to such Draughts as, from time to time,
shall be made upon him, by Order of the Governor, by & with the Advice & Consent of the
Council ; And the said Bills shall pass out of the Treasury, at the Value therein cxpress'd,
Equivalent to Money, And shall be taken & accepted, in all publick Payments, at the Advance
& after the Rate of Five Pounds per Cent more; —

And that the Duties of Impost & Excise shall be a Fund & Security for the Repayment &
Drawing in the said Bills to the Treasury again, so far as that will reach.

And as a further Fund & Security for the same, for the paying of Soldiers Wages, & for the
defraying the further necessarj'^ growing Charge of the Province, the Defence of her ISIajesty's
Subjects & Interests within the same, & Support of the Government thereof, There be'&
hereby is granted unto her most Excellent Majesty, 'o the Ends & Uses aforesaid, a Tax of
Thirteen thousand Pounds; Two thousand Pounds thereof t.' be levied upon Polls, & Estates
both Real & Personal, according to such Rules & in such proportion, upon the several Towns &
Districts within the same, as shall be agreed on & ordered by the Gr at & General Court or As-
sembly of this Province, at their Session in May, 171-3, And Eleven thousand Pounds thereof, in
May, 1714, And Two thousand Pounds thereof, shall be paid into the Treasury on or before the
last day of IMay, 1714, And Eleven thousand Pounds thereof on or before the last day of jSTo-
vember, 1714. Consented to: J.Dudley."

— Council Records, vol. IX., p. 40.

(b.) "July 28"" 1710. The following Resolve, pass'd in the House of Represent'", Read &
Concur'd; viz., —

Resolved that the sum of Fifteen thousand Pounds of Bills of publick Credit on this
Province, be forthwith made by the Committee last appointed to make such Bills, & upon the
same Plates with the Bills ordered to be made the last Session; To be by them delivered to the
Treasurer, taking his Receit for the same; The Committee to be paid for their Service as for the
Bills last made.

And the Treasurer is hereby impowered & directed to issue forth & emit the said sum of Fif-
teen thousand Pounds, towards Payment of the publick Debts of the Province already
contracted, & the further growing Charge for the Defence thereof; for the supplying & subsist-
ing the Province Galley cfe Sloop, Forts, Garrisons & Forces, raised & to be raised & employed
within the same & Wages arising for their Service; Towards defraying the Charge of the present
intended Expedition to Port Royal (belonging to this Province); For Payment of Grants, Sala-
ries & Allowances made & to be made by this Court, according to such Draughts ns, from time
to time, shall be made upon him by Warrant or Order of the Governor, by & with the Advice
& Consent of the Council; And the said Bills shall pass out of the Treasury, at the Value
therein.ex press' d, equivalent to Monej', And shall be taken & Accepted, in all publick Payments,
at the Advance & after the Rate of Five Pounds per Cent more.

And, whereas this Court, when they have ordered the Emission & Payment of Bills of pub-
lick Credit out of the Treasury, have." for the most Part, not only granted a Tax equal to the
sum of Bills emitted, but, for the better supporting the Credit of the Bills emitted, have, also.
Ordered & Assigned the Duties of Impost & Excise to be a Fund for the Repaj'ment & Draw-
ing in of the said Bills into the Treasury again. Whereby (as appears by the Treasurers
Accompts) the sum of the Taxes outstanding as Funds to draw in the said Bills exceeds the
sum of the Bills outstanding & not paid into the Treasury, the sum of Eleven thousand
Pounds, —

It is hereby Ordered that the said Eleven thousand Pounds, together with the Duties of Im-
post & I'^xcise, shall be a Fund & Security for the Repayment & Drawing in the said Fifteen
thousand Pounds to the Treasury again.

Consented to: J.Dudley."
— Ihid., p. 55.

(c.) " Nov. ll"" 1710. The following Resolve, pass'd in the House of Represent'", Read &
Concur'd; viz., —

Whereas this Court, at their Session in June last, ordered the ImpriMting of Twenty thousand
Pounds of Bills of Credit on this Province, to be delivered to the Treasurer & to remain in his
hands until Order from this Court to emit them, which are now finished, —

Resolved that the Treasurer be & herebj' is ordered & impowered to issue forth and emit
Fifteen thousand Pounds of the said Bills, in Exchange for the Twenty-shilling Bills Dated,

[Notes.] Peovince Laws. — 1710-11. 669

Anno 1702, Agreable to an Act of this Court pass'd the present Session ; If the said Bills to be
exchanged shall amount to that Sum.

And the Treasurer is hereby further Ordered & Impowered to issue forth and emit the remain-
ing Ten thousand Pounds of Bills of Credit, together with Six thousand Pounds more of Bills
of Credit that are or shall be received into the publick Treasury, towards payment of the publick
Debts of the Province already contracted, & the further growing Charge for the Defence thereof;
for supplying & subsisting the Province Galley & Sloop, Forts, Garrisons and Forces raised &
to be raised &, cmploj-ed within the same, & Wages arising for their Service; towards defraying
the Charge of the late Expedition to Port Royal (belonging to this Province), the Payment of
Grants, Salaries & Allowances made and to be made by this Court, according to such Draughts
as, from time to time, shall be made upon him, by AVarrant or Order of the Governor, by &
with the Advice & Consent of the Council ; And the said Bills shall pass out of the Treasurj',
at the Value therein express'd, equivalent to Money, & shall be taken & accepted, in all publick
Payments, at the Advance & after the Kate of Five Pounds perCent. more; And that the Duties
of Impost & Excise shall be a Fund & Security for the Kepayment & Drawing in of the said
Bills to the Treasury again, so far as that will reach. And as a further Fund & Security for the
same. For the Paying the Soldiers Wages, & for the defraj'ing the further necessary growing
Charges of the Province, the Defence of Iler Majestys Subjects & Interests within the same, &
Support of the Governm' thereof. There be & hereby is granted unto her most Excellent Majesty,
a Tax of Sixteen thousand Poimds; Eleven thousand Pounds thereof to be levied on Polls, &
Estates both Real & Personal, within this Province, according to such Rules, & in such pro-
portion, upon the several Towns & Districts within the same, as shall be agreed & Ordered by
the Great & General Court or Assembly of this Province, at their Session in May, One thousand
seven hundred & fourteen, And Five thousand Pounds thereof, in May, One "thousand seven
hundred & fifteen, And Eleven thousand Pounds thereof shall be paid into the Treasury on or
before the last day of May, One thousand seven hundred & fifteen, & Five thousand Pounds
thereof, on or before the last Day of Novem', One thousand seven hundred & fifteen. Which
Kesolve being read in Council, was Concur'd ;

And is Consented to : J. Dudley."

ACTS,
Passed 1711 — la.

[671]

ACTS

Passed at the Session begun and held at Boston,
ON the Thirtieth day of May, A.D. 1711.

CHAPTER 1.

AN ACT FOR SECURING THE BILLS OF CREDIT ON THE NEIGHBOURING

GOVERNMENTS.

Whereas the bills of publick credit on the respective neighbouring
governments of her majestie's province of New Hampshire, the colony of
Connecticut, and the colony of Rhode Island and Providence Planta-
tions, have obtained a currency, in a way of trade and commerce,
within this her majestie's province of the Massachusetts Bay, the falsi-
fying or counterfeiting whereof, or disparaging of the same, may prove
of pernicious consequence, to the very great hurt and obsti'uction of
her majestie's service, and also to the interruption and discouragement
of mutual and reciprocal trade and commerce, as well as loss and dam-
age to the publick and to private persons ; for prevention whereof, —

J3a it enacted by His Excellency the G-overnour, Council and Rep-
resentatives in General Court assembled, and by the authority of the
same,

That Avhosoever shall presume to forge, counterfeit, or utter any bill Penalty for
or bills (knowing the same to be filse and counterfeit), of tlie tenor or &c^*^^ eitmg
in imitation of any of the bills of credit on the province of New
Hampshire, the colony of Connecticut, the colony of Rhode Island
and Providence Plantation, by law established within the said govern-
ments, or any of them, or that shall counsel, advise, procure, or any
ways assist in the forging, counterfeiting, imprinting, stamping or sign-
ing of any such false bills ; or engrave any plate, or make any other
insti'ument to be used for that purpose ; or that shall alter or increase
the sum or figures in any of the bills of credit on any of the govern-
ments aforesaid; or forgo or counterfeit any ngme, hand, stamp or
private mark, that now is or hereafter shall be ordered to be made or
set thereon ; every person and persons so offending, in any of the par-
ticulars before enumerated, shall be liable to and suffer the same pains
and penalties as are by law provided against the forging or counter-
feiting any of the bills of credit on this her majestie's province of the
Massachusetts Bay, or anything tending thereto, or of altering the sums,
figures or marks thereof \_Passed June 8.

CIIAPTER 2 .

AN ACT FOR SUPPRESSING OF ROBBERIES AND ASSAULTS.

To the intent her majesty's Icige people may be in peace, and out of
fear of being assaulted and robbed by ill-minded wicked ruffians, as
they arc travelling the common roads or highways, or of being
85

674

Province Laws. — 1711-12.

[Chap. 3.]

Robbing on the
highway.

Second convic-
tion.

Assaulting of
women.

Second conyiC'
tion.

Party's oath.

insulted and indecently treated or abused as they are civilly walking
and recreating themselves in the fields, streets, or lanes in towns, —

Be it enacted by His Excellency the Governoiir, Council and Repre-
sentatives in General Court assembled^ and by the authority of the
same,

[Sect. 1.] That every pei'son and persons that shall be convicted
of assaulting, [a7id'] robbing, and taking away from the person of
another, travelling the common road or highway, any money, goods,
clothing, or other things whatsoever, shall be punished with burning in
the forehead or hand, suffer six months' imprisonment, and render
treble damages to the party robbed ; and upon a second conviction of
the like offence, shall be deemed a felon, and suffer the pains of death,
as in cases of felony.

[^nf?] be it further enacted by the authority aforesaid,

[Sect. 2.] That whosoever shall be convicted of assaulting, or
offering any insolence or violence to any woman or womankind, in the
fields, streets or lanes, in any town, or of despoiling them, [of] damni-
fying or defacing any of their attire or ornaments, or attempting the
same, shall be punished by being publicly whip'd, not exceeding ten
stripes, or by being committed to the house of correction, to receive
the discipline of the house, and continue there by the space of thirty
days, and kept according to the rules and orders of the house ; and also
find sureties for the good behaviour, before he be discharged. And
any two justices of the peace, quorum tmus, in the vacancy of the
court of general sessions of the joeace, are impowred to hear and deter-
mine this offence.

[Sect. 3.] And if the party so offending shall afterwards be con-
victed of committing the like offence a second time, he shall be further
punished with burning in the hand, by sentence of the court of general
sessions of the peace.

And it is further enacted,

[Sect. 4.] That, in either of the offences aforesaid, the oath of the
party assaulted or robbed, being of reputation, shall be received as one
sufficient evidence towards convicting the person charged. [^Passed
June 8 ; published June 16.

CHAPTER 3.

AN ACT FOR REVIVING AND FURTHER CONTINUING OF SEVERAL TEMPO-
RARY ACTS, WHICH. BY THEIR RESPECTIVE LIMITATIONS ARE NEAR
DETERMINING AND EXPIRING.

Whereas several acts have been made and passed by the great and
general court, with limitations, to continue for a certain time now near
expiring, the revival and further continuing whereof is found neces-
sary,—

Be it therefore enacted by His Excellency the Governour, Council and
Representatives in General Court assembled^ and by the authority of
the same,

1699-1700, oh. 23. [Sect. 1.] That the act entituled " An Act to prevent the deserting
of the frontiers," made and passed in the twelfth year of the reign of
his late majesty King William the Third ; the paragraph in addition to

1701-2, chap. 14. the act for levying souldiers, contained in an act intituled " An Act for
further continuing of several acts therein mentioned that are near ex-
piring," made and passed in the thirteenth year of his said late majesty's

1703-4, chap. 4. reign ; the act intituled " An Act granting unto her majesty several
rates and duties of impost and tunnage of shipping," made and passed

[1st Sess.] Province Laws.— 1711-12. 675

in the second year of her present majesty's reign; and all and singular
the jiaragraphs, articles, matters and things contained in the two acts
afore-going, be and hereby arc revived and further continued in force,
to be practised, exercised and put in execution until the twenty-ninth
day of June, which will be in the year of our Lord one thousand seven
hundi-ed and twelve ; any proviso or limitation in the said acts or either
of them notwithstanding : the duty of tunnage of shipping being pro-
vided by law, now in force, to be paid in good new gunpowder, and in
no other specie, for and during the present war with France.

[Sect, 2.] "An Act granting unto her majesty an excise upon i703-4, chap. 5.
wines, liquors and other strong drink, sold by retail," made and passed
in the ninth year of her present majesty's reign, and all and singular
the paragraphs, articles, forfeitures, matters and things therein con-
tained, be and hereby are revived and further continued in force until
the twenty-ninth day of June, which will be in the year of our Lord
one thousand seven hundred and twelve.

And be it further enacted by the authority aforesaid^

[Sect. 3.] That the act intituled "An Act for punishing of officers 1704-5, chap. 7.
and souldiers retained in her majesty's service and under pay," made
and passed in the third year of her present majesty's reign ; the act in-
tituled " An Act to encourage the prosecution of the Indian enemy and i"06-7, chap. 7.
rebels," made and passed in the fifth year of her present majesty's
reign, — with the addition made thereto in an act passed in the fifth ^''^c-?, chap. vz.
and sixth years of her said majesty's reign ; the act intituled "An Act i704-5, chap. lo.
against souldiers and seamen in her majesty's service being arrested for
debt," made and passed in the third year of her present majesty's reign;
and all and singular the paragraphs, clauses, articles, directions, powers,
penalties, forfeitures, references, matters and things in the said several
acts, and every of them, resi^ectively contained, be and hereby are
revived, re-enacted, and directed to abide and remain in force, and
accordingly to be exercised, practised, and put in execution, as occasion
shall require, until the twenty-ninth day of June, which shall be in the
year of our Lord one thousand seven hundred and twelve : provided,
nevertheless, that the "Act for punishing of officers and souldiers retained
in her majesty's service and under pay," shall be determined before the
said twenty-ninth day of June, if the war with France be brought to an
end before that time.

And 2^rovided, that no commission officer but such as are in actual
sendee and under pay, shall be a member of any court martial, or sit
upon the tryal of any offi^nder.

And provided, that no officer or souldier, after his being dismissed
and out of pay, shall be tryed by a court martial for any offence com-
mitted during his continuance in the service, but such officer or souldier
shall be left to be tryed by the course of the common law, any usage or.
custom to the contrary notwithstanding.

And be it further enacted,

[Sect. 4.] That the act intituled "An Act for putting the militia i699-i7oo,ch. n.
of this province into a readiness for defence of the same," be carefully
observed and vigorously prosecuted ; and that the act entituled "An 1708-9, chap. :!.
Act to prevent causeless arrests, &c.," passed in the seventh year of her ■
present majesty's reign and made temporary, be and hereby is revived
and further continued, to abide and remain in force for and during the
term of three years next coming ; that is to say, until the twenty-ninth
day of June, one thousand seven hundred and fourteen.

Ayid be it further enacted by the authority aforesaid,

[Sect. 5.] That the superiour court of judicatm-e, court of assize Superior court
and general goal delivery, for the county of York, be held and kept at iooo-^l-oo, ch. 3.
Kittery, within the said county of York, on the Thursday in the week ^'^■
next before the time set for holding of the superiour court at Ipswich,

676

Province Laws. — 1711-12.

[Chap. 4.J

within the county of Essex ; as by the law for establishing a superiour
court of judicature, court of assize and general goal delivery within this
1703-4, chap. 8. province is directed and appointed, any act or law since made to the
contrary notwithstanding, which is hereby repealed.

And be it farther declared^

[Sect. 6.] That the inferioitr court of common pleas appointed to
be held at Ipswich on the last Tuesday in March, be removed and held
upon the third Tuesday in March, yearly ; and the inferiour court in
Cambridge, appointed to be held at Cambridge on the second Tuesday
in September, be altered and removed to be held on the last Tuesday in
August, yearly. \_Pas8ed June 12 ; published June 16.

Inferior court
at Ipswich.
1699-1700, ch. 2.

Inferior court
at Cambridge.

CHAPTER 4

AN ACT FOR RAYSING A NEW TOWN, BY THE NAME OF NORTON, WITHIN
THE COUNTY OF BRISTOL.

Whereas the tract of land commonly called and known by the
name of the North Purchase, lying situate within the townshij) of
Tantou, in the county of Bristol, circumscribed within the lines and
boundaries prescribed by a committee sometime since appointed by the
general assembly, as follows ; vizt., begining at the line between the two
late colonies of the Massachusetts and Plymouth, in the line of the
said North Purchase, and Attleborough ; from thence running south-
ward to Rehoboth, north-cast corner ; and from thence eastward, on
the North Purchase line, to Taunton bounds ; thence eastward to the
mouth of the brooke called Burt's Brooke, and extending from the
mouth of Burt's Brooke to the bridge over the Mill River, neer William
Witherels ; and from thence north-eastward to the North Purchase
line ; and from the North Purchase line, the road that leads from the
said bridge towards Boston to be the bounds, till it come to the line
betwixt the two late colonies aforesaid ; which line to be the bounds
to Attleborough aforesaid, — was set off from Tanton, by and with the
consent of that town, and, by an order of the general assembly, pass'd
at their session in March, 1710, made a distinct and seperate town from
Tanton, containing a sufficient quantity of land and a competent num-
ber of inhabitants for that purjjose, and named Norton, the full per-
fecting of the said grant being adjoui-ned and referred to this present
court; in pursuance, therefore, of the afore-recited order and grant,
and for the compleating and ]5erfecting of the same,—

13 e it enacted by His Excellency the Governour, Coioicil and Repre-
sentatives in General Court assembled, and by the authority of the same.

That the aforesaid tract of land, commonly called the North Pur-
chase, circumscribed and bounded as above expressed, be and is granted
to be a township distinct and seperate from Tanton, the town to be
named Norton, and the inhabitants thereof to have, use, exercise and
enjoy all such immunities, powers and privileges as other towns within
this province have and do, by law, use, exercise and enjoy ; so that said
inhabitants settle an able, learned, orthodox minister in said town, and
from time to time allow him a comfortable support : p>romded, never-
theless, that the inhabitants in the east end of the said North Purchase
shall have one-halfe of the said purchase, as their precinct, when they
are able to maintain a minister, and this court judge them so. {Passed
June 12.

[5th Sess.] Province Laws.— 1711-12. 077

ACT

Passed at the Session begun and held at Boston,
ON THE Seventeenth day of October, A.D. 171 i.

CHAPTER 5.

A2T ACT PROVIDING, IN CASE OF FIRE, FOR THE MORE SPEEDY EXTIN-
GUISHMENT THEREOF, AND FOR THE PRESERVING OF GOODS ENDAN-
GERED THEREBY.

Whereas, by reason of the contiguity and adjoyning of the houses preamble,
and dwellings within the town of Boston, persons are under great
affrightment and hurry, upon the breaking out of fire, and not only
the person in whose house the fire first breaks out, but the neighbour-
hood are concerned to employ their utmost diligence and application
to extinguish the fire and prevent the progress thereof, and to preserve
their substance, by the removal of their goods, being glad of the assist-
ance of others in that regard ; and divers evil-minded and wicked per-
sons, on pretence of charitably offering their help, taking advantage of
such confusion and calamities to rob, plunder, imbezel, convey away
and conceal the goods and efiects of their distressed neighbours ; for
l^reventing wdiereof, —

J3e it enacted by His Excellency the Governour, Council and Repre-
sentatives in General Court assembled, and by the authority of the same,

[Sect. 1.] That it shall and may be lawful, to and for the justices of Firewardsj
the peace and selectmen of the town of Boston, from time to time
to ajjpoint such number of prudent persons, of known fidelity, not
exceeding ton, in the several jiarts of the town, as they may think fit,
who shall be denominated and called firewards, and have a proper —badge of their
badge assigned to distinguish them in their office; viz., a staff of five ^^'^^''
feet in length, coloured red, and headed with a bright brass spire of six
inches long ; and at times of the breaking forth of fire, and during the —power,
continuance thereof, shall and hereby are fully authorized and impowred
to command and require assistance for the extinguishing and putting
out the fire, and for removing of household stuff and furniture, goods
and merchandizes, out of any dwelling-houses, storehouses, or other
buildings actually on fire, or in danger thereof, and guards to secure
and take care of the same ; as, also, to require assistance for the iDulling Puiiing down
down or blowing up of any houses, or any other service relating or blowing up
thereto, by the direction of two or three of the chief civil or military i692-3,cii 13, §4.
officers of the town (as is by law provided), to stop and prevent the
further spreading of the fire, and to suppress all tumults and disorder.

[Sect. 2.] And the officers from time to time appointed as afore- Assistance to
said, are required, upon the notice of fire breaking forth, taking their ^^ si^en them,
badge with them, immediately to repair to the place, and vigorously
exert their authoiity for the requiring of assistance, and using utmost
endeavours to extinguish or prevent the spreading of the fire, and to

678 Province Laws. — 1711-12. [Chap. 5.]

preserve and secure the estate of the inhabitants ; and due obedience
is required to be yielded to them, and each of them, accordingly for
that service.
Penalty for neg- [Sect. 3.] And all disobedience, neglect or refusal in any, shall be
^^''^' informed of to some of her majestie's justices of the peace, within two

days next after; and the offenders therein, upon conviction thereof
before any two justices, quorum unus, shall forfeit and pay the sum of
forty shillings each, to be levied and distributed, by the discretion of
the selectmen, among the poor most distressed by the fire ; and in case
the offender or offenders are unable to satisfy the fine, then to suffer
ten days' imprisonment.

And he it further enacted by the authority aforesaid.
Penalty on such [Sect. 4.] That if any evil-minded, wicked persons shall take ad-
cea^ rob or "em- vantage of sucli Calamity to rob, plunder, purloin, imbezel, convey
bezzie g^^'^s away, or conceal any goods, merchandizes or effects of the distressed
fire. inhabitants whose houses are on fire, or endangered thereby, and put

ui^on removing their goods, and shall not restore and give notice thereof
to the owner or owners, if known, or bring them into such publick
place as shall be appointed and assigned by the governour and council,
within the space of two days next after proclamation made for that
purpose, the person or persons so offending, and being thereof con-
victed, shall be deemed thieves, and suffer the utmost severities of the
pains and penalties by law provided against such. \_Passed October 31.

[6th Sess.] Province Laws. — 1711-12. 679

ACTS

Passed at the Session begun and held at Boston,
ON THE Twelfth day of March, A.D. 1711-12.

CHAPTER 6.

AN ACT AGAINST INTEMPERANCE, IMMORALITY AND PROPHANENESS,
AND FOR REFORMATION OF MANNERS.

Whereas the laws at several times established by the government 1602-3, chap. 20
of this her majesty's province of the Massachusetts Bay, and now in r y, 00
force, have made good and wholsome provision for the regulation of ^'
inns, taverns, ale-houses, victuallers, and other houses for common ^^^^"''' •'^'^p- ^^■
entertainment, and retailers of strong liquors out of doors, and for icos.chap. 10
preventing of tipling and drunkenness, declaring that such licensed
houses ought to be improved to the right ends and uses for which they
are designed ; namely, for the receiving, refreshment and entertainment
of travellers and strangers, and to serve the publick occasions of the
towns and places in which they are, and not to be nurseries of vice and
debauchery, as is too frequently practised by some, to the hurt of many
persons, by mispending their time and money in such houses, to the
ruin of families ; and have also made good and wholsome provision 1092-3, chaps. 13
against immoralities, vice and prophaneness, — leos'cha 9

J3e it therefore enacted and declared hy His Excellency the Governour,
Council and JRe2}7'esentatives in General Court assembled, and by the
authority of the same,

[Sect. 1.] That the laws against drunkenness, prophaneness, and Laws to be
other immoralities, together with this act, be solemnly read by the town [own'meetin
clerk, in each town, at their anniversary town meeting in March, from
time to time.

[Sect. 2.] And all justices, sheriffs, grand-jurors, tythingmen, con- Direction to
stables, or other officers whom it doth concern, are hereby strictly fee that the
enjoyned and required to exert their utmost zeal and vigour in seeing served,
that the said several laws be duly observed and kept, and that the
violateis thereof be duly prosecuted and punished, in manner as by
the said laws is directed and provided ; and the selectmen and other
principal well-disposed persons in each town, desirous of a reformation,
are hereby exhorted and directed to countenance, [ac]company, assist
and joyn with the justices, sheriffs, tythingmen, constables, and other
officers, in their endeavours to discover and suppress all unlicensed
houses, and vice, immorality and prophaneness.

And, for reclaiming the over great number of licensed houses, many
of which are chiefly used for revelling and tipling, and become nurseries^
of intemperance and debauchery, indulged by the masters or keepers 0^
the same for the sake of gain, —

Be it enacted by the authority aforesaid,

[Sect, 3.] That the clerk of the peace in the I'espective counties, A Ust of the
from time to time, annually, before the granting of Ucences, do transmit eo^uceLeXto

680

Province Laws. — 1711-12.

[Chap. 6.]

be transmitted
to the select-
men.

None to be first-
ly licensed but
upon the recom-
mendation of
the selectmen.

Licenses not to
be renewed un-
til complaints
be heard and
judged of.

Licensed per-
sons not suita-
bly provided to
be deprived.

Town dwellers
prohibited
drinking in
public houses
after nine at
night.

Singing, music
and dancing
forbidden in
public houses.

Common
drunkards to be

to the selectmen of every town within the county a list of the naniers
of the persons in such town that were hcensed the year before, and
that licences be renewed to none of them that the selectmen shall
except to, as unfit to hold and exercise such an emjDloymcnt by reason
of their not keeping good rule and order in their houses, not being
suitably accommodated and provided for the entertainment of strangers
and travellers, as the law directs, or not of sober conversation ; and no
person shall have his licence renewed until he produces a certificate to
the justices of quarter sessions that such list has been transmitted
to the selectmen and considered by them.

[Sect. 4.] And that, at no time or times hereafter, any person or per-
sons shall be firstly or originally licensed to be a victualler, iniiholder,
taverner, or seller of wine, beer, ale, cyder or strong drink, or spirits, by
retail, other than such who shall produce certificate from the selectmen
of the town where they dwell, recommending them to be persons of
sober conversation, suitably qualified and provided for the exercise
of such an employment ; and that no licence be renewed, from time to
time, to any person heretofore licensed, against whom any presentment,
complaint or information shall be made for misrule or disorder in such
house, or for not being suitably provided, as the law in such case
requires, to entertain strangers and travellers at bed and board, before
the matter informed and complained of be inquired into and [ad] judged
of: provided such presentment or complaint be prosecuted to effect in
the same court for granting of licences.

[Sect. 5.] And if any common victualler, innholder or taverner,
enjoy ned by law to be suitably jDrovided to receive and entertain
strangers, travellers, or others, as occasion may require, shall be con-
victed of refusing to make suitable provision, when desired, for the
receiving of strangers, travellers and their horses, or for any publick
entertainment, such person shall be deprived of his licence ; and any
three or more of the justices of the court of general sessions of the
peace, quorum unus, are hereby impowred and directed, by warrant[s]
under their hands and seals, directed to the sheriff or his deputy, to
cause his sign to be taken down.

And he it further enacted hy the authority aforesaid,

[Sect. G.] That no town-dweller or inhabitant in any tOAvn shall,
upon any pretence wliatsoever, be drinking or tipling in any tavern or
other publick licensed house, or in any the dependencies thereof, after
nine a clock in the night, under the penalty of twenty shillings, to be
paid by the master or keeper of such house for his entertaining of them,
and one shilling to be paid by each person so offending.

[Sect. 7.] That from and after the last day of June next, no inn-
holder, taverner or victualler shall sell any brandy, rhum, or other
distill'd liquors, mixed or unmixed, within or without his house, or the
dependencies thereof, on penalty as for selling without licence, and per-
sons licenced to retail wine and strong liquors not to sell a less quantity
than a pint, nor to sell any other sort of drink than wine and distill'd
liquors, on penalty as for selling without licence.

[Sect. 8.] That no singing, fiddling, piping, or any other musick,
dancing or revelling shall be suflered or exercised in any tavern or other
publick licensed house, on penalty of ten shillings, to be paid by the
master or keeper of the said house as shall sufier the same, and five
shillings by each person offending in any of the said particulars.

[Sect. 9.] That there be two tythingmen, annually chosen, within
each military division within the town of Boston, whose particular and
especial care and charge it shall be to inspect that their part of the
town.

[Sect. 10.] That common drunkards be posted up at the houses of
retailers of wine and liquors, out of doors, as the law directs to publick

[6th Sess.] Province Laws.— 1711-12. 681

licensed houses, with a prohibition to them of seHinjc drink to any posted up at

, ^ o ^ retailers.

such.

And he it further enacted by the authority aforesaid,

[Sect. 11.] That if any person or persons shall presume to keep a Penalty for seii-
tavern, inn, or house of common entertainment, or to sell, by retail, ceuseV*'"^"*^ ^'
wine, beer, ale, cyder, or any strong drink or spirits, without licence
first orderly had and obtained for the same, as the law directs, such
person or persons, upon conviction or confession thereof before one or
more of her majesty's justices of the peace, shall forfeit and pay the
sum of six pounds for every such oftence, the one moiety thereof to be
to the informer, and the other moiety to the use of the poor of the town
where the offence shall be committed.

And, for the better discovery and finding out persons that shall pre-
sume to transgress against this act, or any other of the laws made
against vice, prophaneness and immorality, —

[Sect. 12.] Tlie selectmen in each resiDcctive town be and are Selectmen to
hereby imj^owred, from time to time to chuse and apj^oint one or more tobeVnformers!
discreet persons to oversee and inform of any breach of the said laws,
who shall have a meet and honourable recomjDence made them for their
service, out of the town treasury, as the selectmen shall think proper
and suitable.

And he it further enacted,

[Sect. 13.] That no person or persons, either singly or together in ^°"e fi[the*"'^'
company, shall presume to sing, dance, fiddle, pipe or use any musical street iu the
instruments in any of the streets, lanes or alleys, within any town, in iiigiittime.
the night-time, or make any rout or other disturbance, to the disquiet
and disrcst of any of the inhabitants, under the penalty of five shillings
for every person so offending in any of the particulars aforementioned,
or being corporally punished, by imprisonment, sitting in the stocks, or
cage.

And, for the more religious observation of the Lord's day, —

J^e it enacted,

[Sect. 14.] That all persons who shall be found in the streets, Playing and
wharffs, fields, or other places within any town, on the evening follow- evenhig^fo'now^
ing the Lord's day, disporting, playing, making a disturbance, or com- ^°e V ^\^dde'*
mitting any rudeness, the persons so offending shall, each of them, pay
a fine of five shillings, or suffer twelve hours' imprisonment, or sit in
the stocks not exceeding two hours.

[Sect. 15.] All fines and forfeitures arising by virtue of this act, or
any paragraph thereof, and not hereinbefore disi^osed of, shall be to and
for the use of the poor of the town where the offence shall be com-
mitted, any law, usage or custom to the contrary notwithstanding.

[Sect. 16.] And the constables of the respective towns are hereby Constables re-
directed and specially impowred to prevent the prophanation of the ven^t^profaua'-
Lord's day, by restraining persons from walking, recreating and dis- t'°'\?^ t^^*^ .
porting themselves in the streets, wharfis or fields, in the time of th°e time'^f'"
publick worship. P^i^^'^ worship.

And, forasmuch as the well educating and instructing of children
and youth in families and schools are a necessary means to propagate
religion and good manners ; and the conversation and example of heads
of families and schools having great influence on those under their care
and government to an imitation thereof, —

De it enacted hy the authority aforesaid,

[Sect. 17.] That no person or persons shall or may presume to set Keepers of
up or keep a school for the teaching and instructing of children or have°the appro-
youth in reading, writing, or any other science, but such as are of sober i^^^tion of the
and good conversation, and have the allowance and ajiprobation of the ®*^''^*'''"^°-
selectmen of the town in which any such school is to be kept; gram-
8G

682

Province Laws. — 1711-12.

[Chap. 7.]

Penalty for set-
ting up or keep'
ing school with'
out approba-
tion.

Penalty for
composing or
publishing of
profane songs
or mock-ser-
mons.

mar-school masters to Iiave approbation as the law in such case already
provides.

[Sect. 18.] And if any person or persons, after pubHcation of this
act, shall be so hardy as to set up or continue to keep any such school,
without allowance and approbation as aforesaid, the person or persons
so offending shall forfeit and pay the sum of forty shillings to the use
of the poor of the town where such school shall be set up, or continue
to be kept, contrary to this act ; and so, toties quoties, as often as they
shall be convicted, any law, usage or custom to the contrary notwith-
standing.

And Avhereas evil communication, wicked, prophane, impure, filthy
and obscene songs, composures, writings or prints, do corrupt the mind
and are incentives to all manner of impieties and debaucheries, more
especially when digested, composed or uttered in imitation or mockery
of devotion or religious exercises, —

He it further enacted hy the authority aforesaid,

[Sect. 19.] That Avhosoever shall be convicted of composing, writ-
ing, printing or publishing of any filthy, obscene or prophane song,
pamphlet, libel or mock-sermon, in imitation or [in'] mimicking of
preaching, or any other part of divine worship, every person or ])ersons
offending in any of the particulars aforementioned shall be punished by
fine to her majesty not exceeding twenty pounds, or by standing on
the pillory once, or oftener, with an inscription of his crime, in capital
letters, afiixed over his head, according to the discretion of the
justices in quarter sessions. [JPassed March 19, 1711-12 ; published
March 26, 1712.

CHAPTER 7.

AN" ACT FOR REGULATING THE SIZE OF BRICKS.

Preamble.

Clay to be dug
before the 10th
of December,
&c.;

— not to be tem-

Eered with
rackish water.

Size of bricks.

Size of moulds:
to be shod with
irou and sealed.

Forfeiture of
bricks not made
in moulds as
before directed.

IJpoK consideration of the great quantities of bricks now to be used
for building, and that the firmness of building[5] very much depends
on the goodness of the materials, —

Be it enacted by His Excellency the Governour, Council ayid Rep-
resentatives in General Court assembled, and by the authority of the
same,

[Sect. 1.] That clay for the making of bricks shall be digged
before the tenth of December, yearly, and shall be turned over in the
month of February, or March, next ensuing, at least twenty days before
it be wrought, and then well and thoroughly wrought.

[Sect. 2.] And no person shall temper his clay with salt- or brackish
water, nor digg any clay in any place where the salt Avater comes in.

And be it further enacted by the authority aforesaid,

[Sect. 3.] That the size of bricks shan't be less than nine inches
long, four inches and a quarter of an inch broad, and two inches and
an half thick ; and all moulds to be used for the making of bricks shall
be made agreeable to these sizes; that is to say, not less than nine
inches and a quarter of an inch long, four inches a quarter and a half-
quarter of an inch broad, and two inches and half an inch deep, within
side, being well shod with iron, and sealed by the sealer to be appointed
as is hereinafter directed, so that the bricks may hold out the dimen-
sions prescribed as aforesaid, as near as may be, when burned.

[Sect. 4.] And whosoever shall make and expose to sale any bricks
not made in moulds of the aforesaid sizes, shod with iron and sealed
by the sealer, he shall lose and forfeit one half of all such bricks made
contrary hereto, or the value thereof, to the use of the poor of the town

[6th Sess.] Province Laws. — 1711-12. 683

or district where tlicy shall be made, to be sued for and recovered in
any of her majesty's courts of record Avithin the county where they
shall be made, by the treasurer of the town, or town clerk.

[Sect. 5.] And the selectmen of each town whci'O bricks are ordi- Selectmen to
narily made, are hereby directed and ordered anniially to nominate and ei^aud's^aler^'
appoint a suitable person to be a viewer and sealer of moulds for the
making of bricks, who shall be sworn, before a justice of the peace, to —to be sworn;
the faithful execution of his office, and is hereby impowred, from time _j.
to time, to enter into all brickyards to view their moulds and to see
that they be of due size, well shod with iron as aforesaid, and sealed ;
and if they be under size, or not well shod, to break the same.

[Sect. 6.] And every brickmaker, before the setting of his kiln, Brickmakers to
shall call the viewer to oversee his bricks, who shall forthwith attend before^setung^
the service, and be paid by the brickmaker twopence per thousand for
all bricks by him viewed, and one peny for each mould by him sealed ; ~ ^^
the selectmen of the town to j^rovide a seal ; any law, usage or
custom to the contrary notwithstanding. [^Passed March 20, 1711-12;
published 3Ia)'ch2Q, 1712.

CHAPTER 8.

AN ACT FOR FURTHER REGULATION OF THE FERRY BETWIXT BOSTON
AND WINISIMMIT, WITHIN THE COUNTY OF SUFFOLK.

Whereas, notwithstanding the provision made in and by the act 1694-5, chap, 16
passed in the eighth year of the reign of his late majesty. King William
the Third, entituled " An Act in addition to the act for regulating fer- 1696, chap. 14,
ries," there is still great complaint of neglect of a due attendance of the
ferry from Boston to Winisimmit, and from thence to Boston, to the
grievous delay, inconvenience and damage of travellers, and others
constantly resorting thither for passage, and there being but one boat
on a side hitherto provided to tend the said ferry, and the river wide,
and the number of passengers much increased by the growth of the
towns on the road in which the said ferry lies, —

^e it therefore enacted by His Excellency the Governour, Council and
Mepresentatives in General Court assembled^ and by the authority of the
same^

[Sect. 1.] That, for the more speedy transportation of passengers, Three boats to
especially posts, there be from henceforth, at all time and times here- be kept;
after, a thiixl, sufficient, suitable boat and appurtenances, with able, sober
persons to row in her, provided and kept constantly to attend the said
ferry, for the transporting of passengers, horses and other things over
the river; one of the three boats, in turns, to be always passing on the
water, from side to side, in all proper seasons when boats may safely
pass, not being obstructed by ice or extraordinary stormy weather ; and
as one of the said three boats shall land on either shoar, the other boat,
on the same side, shall put off immediately : the three boats to continue _to be con-
plying from side to side, with all industry and diligence, daily (except stantiy plying,
on the Lord's day, and then to pass no oftner than necessity shall
require), from sunrise until nine of the clock at night, from the first of
April until the first of October, and until eight at night, from the
first of October to the first of April, annually, and after those hours,
upon any necessary occasion, especially posts, for which there shall be
paid two shillings (except posts), if it be with one person only, and if
more, [then'] [than] double ferrage for the whole number, over and
above the two shillings, among all the passengers in equal proportion ;
and that two boats be lodged on Winisimmit side every night, and one

684 Province Laws.— 1711-12. [Chaps. 9, 10.]

on Boston side ; and the ferry-men employed in the said boats, respec-
tively, are required to give constant and diligent attendance, and not to
deny or delay the speedy carrying over any joassenger or passengers,
especially posts, according to the true intent and meaning of this and
the former laws relating to ferries, under the penalty therein j)rovided.
Atid be it further enacted by the authorit}/ aforesaid,
Ferrymen to [Sect. 2.1 That it shall and may be lawful to and for the ferry-men
passengers be- to demand and receive pay of all jiassengcrs, except posts, before they
lore landing. ^^^ them ou shoar, and that they shall not be required or obliged to
exchange for above the value of three shillings and sixpence, where the
Ways to be kept fen'ao:e docs not exceed that sum; and that the town of Boston, and

from the land- » . n t n -m- • • • • -i ^ i • ^ • -i

ing-piaceto the the proprietors oi the larm on Winisimmit side, who claim the privilege
^°^^' of the said ferry, do respectively maintain, and, from time to time, keep

in good repair, sufficient and convenient ways for passing to and from the
ferry-boats, from the landing place on either side, any law, usage or
custom to the contrary notwithstanding. [_Passed March 21, 1711-12 ;
published 3Iarch 26, 1712.

CHAPTER 9.

AN ACT FOR FURTHER REGULATING OF THE MILITIA.

1693-4, chap. 3. WnEREAS, in the fifth article of the act for regulating of the militia,
among other things therein mentioned, " every listed souldier and other
householder (except troopers) is to be jjrovided with a good sword or
cutlash, under the penalty in the said act mentioned ; " and whereas it is
found by exjDerience that baionets are of more use, as well for offence
as defence, —

JBe it therefore enacted b\j the Governoiir, Council and Representatives
in General Court assembled, and by the authority of the saine,
Soldiers to be That, from and after the twentieth day of June next, every person in
onets^^*^"^^^^" ^^^^ town of Boston, who is obliged by the aforesaid act to appear, upon
an alarm, at the place of rendczvouz, or where the chief officer doth
appoint (except troopers), shall be provided with a good goosenecked
baionet, with socket fit to fix over the muzzle of his musket, under the
like penalty as in the said act is mentioned for not being provided with
a sword or cutlash. [I^assed March 21, 1711-12 ; p>ubllshed March
26, 1712.

CHAPTER 10

AN ACT FOR ERECTING A NEW TOWN WITHIN THE COUNTY OF
PLYMOUTH, NAMED PEMBROOKE.

"Whereas the inhabitants of the north-westerly part of the toAvn of
Duxboro, commonly called Mattakeeset, the proprietors of a certain
tract of land, commonly known by the name of the Major's Purchase,
and the proprietors of the lands commonly called Marshfield Upper-
Lands, at Mattakeeset, within the county of Plymouth, adjoyning to
each other, have, by their several petitions to this court, humbly prayed
that the said three several tracts of land may be united and made a
township ; the inhabitants of Duxboro having consented to allow part of
their lands thereto, and a committee, appointed by this court, having
been upon the place, viewed and surveyed the lands in the north-westerly
side of Duxboro, and reported a line for setting off the same, —

[6th Sess.] Province Laws. — 1711-12. 685

Be it enacted by His Excellency the Governoxii\ Council and Repre-
sentatives in General Court assembled, and by the authority of the same,

That the said north-westerly part of Duxboro, commonly called Mat-
takeeset, and the tract of land known by the name of the Major's
Purchase, and the land commonly called Marshficld Upper-Lands, at
Mattakeeset, the whole circumscribed and bounded as followeth ; that
is to say, from a stake set down, by the committee aforesaid, in the line
between the town of Duxboro and the lands belonging to Marshfield,
01-, commonly called, Marshfield Upper-Lands, about one hundred and
four rods, south-easterly, from the easterly corner of Robert Stetson's
land, whereon he noAv^ dwelleth ; and from the said stake, running
north-east .and by north, nearest, to the easterly corner of Matthew
Kane's land, whereon he now dwelleth ; and from thence, on the same
course, to Marshfield town line ; the said three tracts of land bounded,
towards the north and north-east, partly upon the town of Situate, and
partly upon Marshfield, and partly upon the town of Duxboro ; on the
east, partly upon Plymouth, and partly on Plimpton ; south, on the said
town of Plimpton ; and westerly, on the town of Bridgewater, be and
hereby are united and erected into one township, and the town named
Pembrooke ; the inhabitants upon the said lands to have, use, exercise
and enjoy all immunities and privileges as other towns of this province
have and do by law enjoy: provided, that they do, within the space of
two years next coming, procure and settle an orthodox, learned minis-
ter, of good conversation, and set forth a good accommodation of lands
for the use of the ministry, and grant their minister an honourable
annual maintenance ; and that the present inhabitants on the said lands
of Duxboro and Marshficld, respectively, do pay their arrears, to town
charges, in the several towns of Duxboro and Marshfield, to this time.

iSaving to the inhabitants of Duxboro, Marshfield and Pembrooke,
respectively, their interest and propriety in the common lands within
the said several towns, anything in this act to the contrary notwith-
standing. \_Passed Ilarch '11, 1711-12.

CHAPTER 11.

AN ACT FOR REVIVEING AND FURTHER CONTINUING AN ACT FOR SUBSIST-
ING OF EIGHTY SOULDIERS AT IlER MAJESTY'S CASTLE WILLIAM.

Whereas the act intitled "An Act for subsisting of eighty soul-
diers at her majesty's Castle William," made and pass'd in the seventh
year of her present majesty's reign, was made temporary, and is now
near determining and expiring, —

JSe it enacted by His Excellency the Governour, Council and Hepresen-
tatives in General Court assembled, and by the authority of the same,

That the said act intitled " An Act for subsisting of eighty souldiers 1708-9, chap 8
at her majesty's Castle William," be and hereby is revived and further
continued to abide and remain in full force, in the several articles and
paragraphs thereof, from the first day of A])ril, in the year of our Lord
one thousand seven hundred and twelve, for, by and during the space
of three years thence next ensueing, if the present war Avith France
shall continue so long, and not afterwards, Avith this aJtcration only;
vizt., that, for the encouragement of suitable persons to offer themselves,
voluntarily, to enlist in the service as souldiers at the said castle, instead
of the sum of three pounds, ])roposed in the said act as a gratuity, there
be ])aid to each souldier voluntarily enlisting himselfe for the service
there dureing the space of three years, the sum of four pounds, as a

686 Peovince Laws.— 1711-12. [Chap. 11.]

gi'atuity, over and above his pay, upon his being accepted by the cap-
tain, and his name entered in the roll of that garison, to be returned
vxnto this court at their session next after. [I^assed March 20, 1711-12 ;
puUished March 26, 1712.

Notes. — There were six sessions of the General Court this year, at three of which, only, acts
were passed. The engrossments of all the foregoing acts are preserved as, also, of one private
act bearing the following title : —

" An Act Impowring 8imon Willard, Administrator, De bonis non administratis, Cum Testa-
tnento Annexo, of Thomas Downing, Late of Salem within the County of Essex, merchant,
deced to recover and Receive the Goods, Chattels, Rights and Credits of the said Dece*."— [^n-
proved Mar. 20, 1711-12. _

Another private act, which has not been discovered, " for vesting a certain strip of land in
Boston, in Ezekiel Lewis, Gent., & his heirs" was passed to be enacted, November ninth.

The following minutes, from the Council Records, seem to indicate conclusively that four
public acts were passed, of the existence of which no trace has been found either in "the Secre-
tary's Office, or in the Public Record Office in London; viz., —

" June 12, 1711. The Engrossment of the Bill for apportioning & assessing of the Tax,
passed in the House of Represent"', Read & Concur'd to be Enacted, and signed by the
Govern'." — Council Records, vol. IX., p. 104.

"Jui\' 20, 1711. An Engrossment of the Bill for further Enforcing & Enlarging the Act or
Order of this Court, pass'd at the Session in May last, against Enticing, Harbouring, Conceal-
ing or Conveying away of Deserters, & for a more Speedy Prosecution of Offenders, Passed in
the House of Representa'", and Concur'd to be Enacted." — Ibid.,]). 120.

" Nov. 9, 1711. The engross'd Bills pass'd in the House of Represent'"; viz., —

***********

For the better security & Defence of the Province ;

For the more effectual Levying of Soldiers for Her Majesty's Service; —

Were severally read, & Voted a Concurrence, to be Enacted." — Ibid., p. 147.

But, as there is no record of the Governor's signing either of these acts, except the first, it is
probable that they never passed the seal of the Province. The provisions of the first-named act
may be gathered from the notes to 1708-9, resolves fi.^ and fc. J; and notes to 1709-10,
resolve (a.).

The " act or order" refeiTed to in the second act above mentioned, is as follows; viz., —

"June 12, nil. The following Order pass'd in Council, & Concur'd by the Represent"";
Viz., —

Whereas Her Majesty, for the Ease & Benefit of her good Subjects of these Provinces &
Colonies, has been graciously pleased to order an important Expedition, with Sea & Land
Forces from her ]\Lijesty's Kingdom of Great Britain, to be joined by some of her Majesty's
Troops of this Province, against the common Enemy; and it being of the last Consequence that
the Sailors, INIarines & Soldiers retained in her Majesty's Service upon the said Expedition, be
held to their Duty & be not enticed away, & do not desert or withdraw themselves from the
Service; For better preventing whereof, —

It is Ordered for this extraordinary Occasion, and Pro hac Vice, If any Person or Persons
shall entice, harbour, conceal or convey awaj' an}' Sailor, Marine or Souldier, enlisted or re-
tained in her Majesty's Service for the said Expedition, & be thereof convicted [he] shall be
punished b\' Fine or Imprisonment not exceeding Twenty Pounds Fine, or Six Months' Ira-
prisonm' for every such Offence, and that this Order be presently printed & published.

Consented to : J. Dudley."
—Ibid., pp. 107-8.

All the foregoing acts, except chapter 4, were printed.

Chap. 7. '' November 10, 1711. The following Order pass'd in Council for the Assize of
Bricks, Concur'd by the House of Represent'"; Viz., —

On Consideration of the great Quantity of Bricks that are now demanded for Rebuilding the
Places laid wast in Boston by Fire, and the Firmness of Building veiy much depends on the
Goodness of Materials, —

It is Declared & Ordered that Clay that is for the Making of Bricks shall be digged before
the tenth of December yearl}', & shall be turned over in the Month of February or March next
coming, at least twenty days before it be wrought; and no Person shall temper the Clay with
salt or brackish Water. And the Assize of Bricks shall be nine Inches long, & two Inches &
half an Inch thick, and four Inches & an half broad, when burnt; — and all Moulds to be used
for the making of Bricks shall be made according to these Sizes, and well shod with Iron, that
so the Bricks, wlien burned shall hold out the Measure prescribed. And whosoever shall make
Bricks for Sale, contrary to this order in any respect. He or they shall forfeit the one Half of
such Bricks to the Use of the Treasury of the Town where they are made.

Consented to: J.Dudley."
—Ibid., p. 150.

The following resolves are referred to in subsequent acts: —

(a.) " June IS"", 1711. The following Resolve, pass'd in the House of Represent'", Read
& Concur'd; viz., —

Resolved that the sum of Fifteen thousand Pounds, of Bills of Credit on this Province, be
furtlier & forthwith made by the Committee last appointed to make such Bills, & upon the
same I'lates with the Bills ordered to be made the last Session; Who shall be paid for making
them in the same proportion as for the last they made; That the said Committee deliver the
8um of Ten thousand Pounds to the Treasurer, Taking his Reccit for the same, & keep the re-
maining Five thousand Pounds in their Hands, unsigned, until the further Order of this Court;
And that the Treasurer is hereby directed & impowered to issue forth & emit the said sum of

[Notes.] Province Laws.— 1711-12. 687

Ten thousand Pounds, together with the sum of Fifteen thousand Pounds more, of the Bills of
publick Credit that are or shall be received into the Treasury, towards Payment of the publick

for

raised . , , „ .. . _

Charge of the present Expedition to Canada (belonging to this Province); for Payment of
Grants, Salaries & Allowances, made & to be made by this Court, according to such Draughts
as, from time to time, shall be made upon him by Warrant or Order of the Governor, by & with
the Advice & Consent of the Council. And the said I5ills shall pass out of the Treasury, at the
Value therein expressed. Equivalent to Money, & shall be taken & Accepted, in all publick Pay-
ments, at the Advance & alter the Eate of Five Pounds per Cent more:—

And that the Duties of Impost & Excise shall be a Fund & Security for the Repayment or
Drawing in of the said Bills to the Treasury again, so far as that will reach.

And as a further Fund & Security for the same, for the Pajfing of Soldiers Wages, & for De-
fraying the further necessary growing Charge of the Provmce, the Defence of her IMajesty's
Subjects & Interests within the same, & Support of the Government thereof. There be & hereby
is granted to her most Excellent Majesty, to the Ends & Uses aforesaid, a Tax of Twenty-five
thousand Pounds; Seventeen thousand Pounds thereof to be levied upon Polls, & Estates both
Real & Personal, within this Province, according to such Rules & in such Proportion, upon the
several Towns & Districts within the same, as shall be agreed on & ordered by the Great &
General Court or Assembly of this Province, at their Session in May, One thousand seven hun-
dred & fifteen, & Eight thousand Pounds thereof, at their Session in May, One thousand seven
hundred & sixteen; To be paid into the Treasur}-, Six thousand Pounds thereof, on or before
the last Day of May, One thousand seven hundred & fifteen, Eleven thousand Pounds thereof,
on or before the last day of May, One thousand seven hundred & sixteen, & the remaining Eight
thousand Pounds, on or before the last of November, One thousand [seven] hundred & sixteen.

Consented to: J. Dudley."
—Ibid., pp. 108-9.

(b.) " Nov. Z'^, 1711. The following Resolve, pass'd in the House of Represent"', Read &
Concur'd; viz., —

Resolved that the sum of Five thousand Pounds, in Bills of Credit on this Province, or-
dered bv this Court, in June last, to remain unsigned in the hands of the Committee that made
them, until further Order, be forthwith signed & delivered to the Treasurer. And the Treasurer
is hereby directed & inipowered to issue forth & emit the said sum of Five thousand Pounds, to-
gether with Three thousand Pounds more, of the Bills of publick Credit that are or shall be re-
ceived into the Treasury, towards Payment of the publick Debts of the Province already con-
tracted, & the further growing Charge for Defence thereof; for the supplying & subsisting the
Province Galley & Sloop, Forts, Garrisons & Forces raised & to be raised & employed within
the same, & Wages arising for the same ; Towards defraying the Charge of the late intended
Expedition against Canada (belonging to this Province); For Payment of Grants, Salaries &
Allowances, made & to be made bv this Court, according to such Draughts as, from time to
time, shall be made upon him, bj' Warrant or Order of the Governor, by & with the Advice &
Consent of the Council. And the said Bills shall pass out of the Treasury, at the Value therein
express'd, equivalent to Money, & shall be taken & accepted, in all publick Paj'nicnts, at the
Advance & after the Rate of Five per Cent more; And that the Duties of Impost & Excise shall
be a Fund & Securitj' for the Repayment & Drawing in of the said Bills to the Treasury again,
so far as that will reach.

And, as a Further Fund & Security for the same, for the paying of Soldiers' Wages, & for
defraying the further necessar}' growing Charge of the Province, for the Defence of her Majes-
ty's Subjects & Interests within the same, & Support of the Government thereof, —

There be & hereby is granted unto her most excellent Majesty, for the Ends & Uses aforesaid,
a Tax of Eight thousand Pounds, to be levied on Polls, & Estates both Real & Personal, within
this Province, according to such Rules, & in such Proportion, upon the several Towns & Dis-
tricts within the same, as shall be agreed on & ordered b}' the Great & General Court or
Assembly of this Province, at their Session in Rlay, 1716, to be paid into the Trcasui-y, Three
thousand Pounds thereof, on or before the last Day of November, 1716, tSc the remaining Five
thousand Pounds thereof, on or before the last Day of May, 1717.

Consented to: J. Dudley."
—Ibid., p. 141.

(c.) March 19, 1711 [-12.] The following Resolve, pass'd in the House of Represent'",
Read & Concur'd; viz., —

Resolved that the sum of Seven thousand Pounds, of Bills of Credit on this Province, be
further and forthwith made by the Committee last appointed to make such Bills, and upon the
same Plates with the Bills ordered to be made the last Session ; AVho shall be paid tor making
them, in the same proportion as for the last they made for the Province; that tlie Committee
deliver the said sum of Seven thousand Pounds to the Treasurer, taking his Rcceit for the
same.

And the Treasurer is hereby directed & impowered to issue forth & emit the said sum of
Seven thousand Pounds, together with the sum of Five thousand Pounds more, of the Bills of
publick Credit that are or shall be received into the Treasury, towards Payment of the Debts of
the Province already contracted & the further growing Charge for the Defence thereof; For the
supplying & subsisting of the Province Galley & Sloop, Forts, Garrisons & Forces raised & to
be raised & employed within the same & Wages arising for their Service; Towards Defraying
the Charge of thc'late intended Expedition against Canada (belonging to this Province); Foi
Payment of Grants, Salaries & Allowances made & to be made by the Coint, According to
such Draughts as, from time to time, shall be made upon him by Warrant or Order of the
Governor, by & with the Advice & Consent of the Council. And the said Bills shall pass out
of the Treasury, at the Value therein expressed. Equivalent to Money, And shall be taken &
accepted, in all publick Payments, at the Advance and after the Rate of Five Pounds per Cent
more; And that the Duties of Impost & Excise shall be a Fund & Security for y" Repayment
& Drawing in of the said Bills to the Treasury again, so far as that will reach.

688 V Peovince Laws. — 1711-12. [Notes.]

And. as a further Fund & Security for the same, For the Paying of Soldiers' "Wages, & for
the defraying the further necessary growing Charge of the Province, the Defence of her
Majesty's Subjects & Interests within the same, & Support of the Governm' thereof. There be
& hereby is granted nnto her most Excellent Majesty, to the Ends and Uses aforesaid, a Tax
of Twelve thousand Pounds; Six thousand Pounds thereof to be levied on Polls, & Estates
both real & personal within this Province, according to such Rules & in such proportion upon
the several Towns & Districts within the same, as shall be agreed on & ordered by the Great &
General Court or Assembly of this Province, at their Session in May, One thousand seven
hundred & sixteen ; The remaining Six thousand Pounds thereof, at their Session in May, One
thousand seven hundred & seventeen: To be paid into the Treasury, Six thousand Pounds
thereof on or before the last day of May, One thousand seven hundred & seventeen, & the
remaining Six thousand Pounds on or before the last Day of November, One thousand seven
hundred & seventeen. Consented to: J. Dudley."

—Ibid., pjp. 158-9.

ACTS,

Passed 1712— 13.

[089]

ACTS

Passed at the Session begun and held at Boston,
ON the Twenty-Eighth day of May, A.D. 17 12.

CHAPTER 1.

AN ACT FOR APPORTIONING AND ASSESSING PART OF TWO SEVERAL
TAXES ON POLLS AND ESTATES, PURSUANT TO THE FUNDS AND
GRANTS MADE TO HER MAJESTY BY THE GENERAL ASSEMBLY IN THE
YEAR 1709.

Whekeas the great and general court or assembly of the province
of the Massachusetts Bay in New England, at their several sessions in
the year 1709, did make and pass two several grants of taxes, as funds
and secui'ity for the repayment and drawing in of several sums in the
bills of credit on this province, ordered to be imprinted, repeated and
issued out of the publick treasury ; that is to say, at their session begun
the twenty -fifth of May, 1709, a grant of twenty-five thousand pounds ;*
and at their session begun the twenty-sixth day of October, 1709, a
gi-ant of eighteen thousand pounds ; f both applyed to the ends and
uses in the said respective gi-ants particularly enumerated and
expressed ; and by a resolve of the said court passed at their session
in October aforesaid,^ it was then ordered that the sum of twenty-one
thousand pounds, of the aforesaid first grant of twenty-five thousand
pounds, and one thousand pounds of the said second grant of eighteen
thousand pounds, (making in the whole twenty-two thousand pounds),
should be apportioned, assessed and levyed on polls and estate, both reall
and personal, within this province, according to such rules and in such
proportion, upon the several toAvns and districts within the same, as
should be agreed on and ordered by this court in their present session ;
wherefore, for the ordering, directing and perfecting of the said assess-
ments, pursuant to the two grants made unto her most excellent
majesty as above recited, which are hereby unanimously approved,
ratified and confirmed, we, her majesty's loyal and dutyfull subjects,
the representatives in general court assembled, pray that it may be
enacted, —

An(7 be it accordingly enacted ly His Excellency the Governour,
Council and Representatives in General Court assembled, and by the
authority of the same,

[Sect. 1.] That each town and district within this province shall
be assessed and pay, as its proportion of the said twenty-two thousand
pounds, and the further additional sum of six hundred forty-eight
pounds, seventeen shillings and threepence, now granted for drawino- in
a like sum of the outstanding bills of credit towards the discharge of
the publick debt, — the whole assessment to be apportioned and made
by virtue of this act amounting to twenty-two thousand six hundred
* Notes to 1709-10, resolve (a.). t Ibid., resolve (c.). t Ibid.

692

Province Laws. — 1712-13.

[Chap. 1.]

forty-eight pounds, seventeen shillings and threepence, — the sum fol-
lowing ; that is to say, —

IN THE COUNTY OF SUFFOLK.

Boston, three thousand nine hundred and seventeen

pounds six shillings and sevenpence,
Roxbury, three hundred and twenty jiounds,
Dorchester, four hundred and fourty pounds,
Hingham, three hundred and sixty pounds, .
Brantrey, three hundred and tAventy pounds,
Dedham, including Needham, two hundred and seventy

pounds, ........

Medfield, two hundred thirty-five pounds and ten shil

liners, .........

Weymouth, one hundred and ninety-five pounds, .
Milton, one hundred and forty pounds, .
Hull, eighty pounds and ten shillings, .
Wrentham, seventy-seven pounds ten shillings, .
Mendon, one hundred pounds, ....
Woodstock, eighty-five pounds, ....
Brookline, one hundred and fifteen pounds, .

IN THE COUNTY OP ESSEX.

Salem, eight hundred and fourteen pounds, .
Ipswich, one thousand pounds, ....
Newbury, six hundred ninety-eight jDounds ten shillmgs,
Marblehead, three hundred and ninety pounds,
Lynne, three hundred and thirty pounds,
Andover, three hundred and twenty-four pounds,
Beverly, two liundred sixty-one pounds,
Rowley, two hundred and fifty pounds,
Sahsbury, one hundred eighty-five pounds, .
Haverhill, one hundred and sixty pounds,
Glocestcr, two hundred and one pounds eleven shillings

eight pence, .......

Topsfield, one hundred and eighty pounds, •
Boxford, one hundred thirty-eight pounds ten shillings
Wenham, one hundred thirtj^-eight pounds, .
Amesbury, one hundred and ten pounds,
Bradford, one hundred twenty-five pounds twelve shil

lings and sixpence, ......

Manchester, forty-six poimds, ....

IN THE COUNTY OP MIDDLESEX.

Charlestown, five hundred and ninety pounds,
Watertown, four hundred thirty-three pounds ten shil

lings,

Cambridge, three hundred ninety-eight pounds ten shiL

lings,

Concord, three hundred and forty pounds, .
Woburn, three hundred thirty-three pounds,
Reading, two hundred fifty-four pounds ten shillings,
Sudbury, two hundred fifty-one pounds,
Marlboro, tAvo hundred and fifty pounds ten shilhngs,
Newton, two hundred pounds ten shillings, .
Maiden, one himdred and ninety pounds,
Chelmsford, one hundred sixty-seven pounds,
Billrica, one hundred sixty-one pounds ten shillings,
Sherborn, one hundred and fourteen pounds eight shil

lings and elevenpence, , , . , .

£3,917 Qs. Id.

320 0 0

440 0 0

360 0 0

320 0 0

270 0 0

235 10 0

195 0 0

140 0 0

80 10 0

77 10 0

100 0 0

85 0 0

115 0 0

814 0 0

1,000 0 0

698 10 0

390 0 0

330 0 0

324 0 0

261 0 0

250 0 0
185 0 0

160 0 0

201 11 8

180 0 0

138 10 0

138 0 0

110 0 0

125 12 6

46 0 0

590 0 0

433 10 0

398 10 0

340 0 0

333 0 0

254 10 0

251 0 0
250 10 0
200 10 0
190 0 0
167 0 0

161 10 0

114 8 11

[1st Sess.]

Province Laws.— 1712-13.

693

Groton, fifty pounds, £50 05. Oc?.

Lancaster, fifty pounds, 50 0 0

Framingliam, one hundred and fourteen pounds eleven

shillings and twopence, . . . . . . 114 11 2

Medford, seventy-four pounds ten shillings, . . . 74 10 0

Stow, sixty pounds, 60 0 0

Dunstable, fifteen pounds, . . . . . . 15 0 0

Dracut, twenty pounds, 20 0 0

IN THE COUNTY OF IIAMPSHIEE.

Springfield, two hundred seventy-two pounds,
Northampton, two hundred and twenty pounds ten
shillings, ........

Hadley, one hundred fifty-seven pounds ten shillings,

Hatfield, one hundred thirty-six pounds ten shillings,

Westfield, one hundred pounds, .

SuflSeld, seventy pounds,

Enfield, sixty pounds, ....

Deerfield, thirty pounds,

272 0 0

220 10 0

157 10 0

136 10 0

100 0 0

70 0 0

60 0 0

30 0 0

IN THE COUNTY OF PLYMOUTH.

Plymouth, two hundred and twelve pounds, . . 212 0 0

Plympton, one hundred and eight jjounds, . . . 108 0 0

Situate, four hundred pounds, ..... 400 0 0

Bridgewater, two hundred and fifty pounds, . . 250 0 0

Marshfield, two hundred pounds ..... 200 0 0
Pembrooke, seventy-six j^ounds six shillings and a

I^enny, ......... 76 6 1

Duxbury, one himdred and twenty pounds thirteen

shillings and elevenpence, ..... 120 13 11

Middleboro, one hundred pounds, .... 100 0 0

Rochester, ninety pounds, . . . . . . 90 0 0

IN THE COUNTY OF BARNSTABLE.

Barnstable, three hundred and eighty pounds, . . 380 0 0
Eastham, two hundred and five pounds seven shillings

and fovirpence, 205 7 4

Truroe, sixty-five pounds five shillings and twopence, . 65 5 2

Sandwich, two hundred and seventy pounds, . . 270 0 0

Yai-mouth, two hundred and eight pounds, . . . 208 0 0

Harwich, one hundred and twenty pounds, . . . 120 0 0

Falmouth, seventy-three pounds and ten shillings, . 73 10 0

Manamoit, sixty-nine pounds ten shillings, . . . 69 10 0

IN THE COUNTY OF BRISTOLL.

Bristol, two hundred and twenty pounds, . . . 220 0 0
Tanton, three hundred and forty pounds three shil-
lings and threepence, 340 3 3

Norton, with the east end of the North Purchase, fifty-
three pounds and eightpence, . . . . . 53 0 8
Dartmouth, three hundred and sixty pounds, . . 360 0 0
Rehoboth, two hundred twenty-five pounds, . . 225 0 0
Little Compton, two hundred and sixty pounds, . . 260 0 0
Swanzey, two hundred sixty-five pounds, . . . 265 0 0
Tiverton, one hundred and seventy pounds, . . . 170 0 0

Freetown, seventy pounds, 70 0 0

Attleboro, seventy-five pounds, 75 0 0

694 Province Laws.— 1712^13. [Chap. 1.]

IN DUKES COUNTY.

Edgartown, one hundred and three pounds, . . . £103 Os. Od.
Chilmark, one hundred and five pounds, . . . 105 0 0
Tisbury, sixty-one pounds, . . . . . . 61 0 0

IN THE COUNTY OP YORKE.

Yorke, twenty pounds, 20 0 0

Kittery, forty pounds, . . . . . . . 40 0 0

Wells, 00 0 0

Nantucket, two hundred and ten pounds, . . . 210 0 0

Amounting in the whole to the sum of twentj'-two thousand six hun-
dred forty-eight pounds seventeen shillings and threepence.
And it is further enacted by the authority aforesaid,
[Sect. 2.] That the treasurer do forthwith send out his warrants,
directed to the selectmen or assessors of each town or district within
this province, requiring them respectively to assess the sum hereby set
upon such town or district in manner following ; that is to say, to assess
all rateable male polls above the age of sixteen years, at ten shillings the
poll (except the governour and lieutenant-governour and their families,
the president, fellows and students of Harvard College, setled ministers
and grammer-school masters, who are hereby exempted, as well from
being taxed for their polls, as for their estates being in their own hand
and under their actual management and improvement) ; and other per-
sons in any town, if such there be, who, thro age, infirmity or cxtream
poverty, in the judgement of the assessors, are not capable to pay tow-
ards publick charges, they may except their polls and so much of their
estate as, in their prudence, they shall think and judge meet ; and all
estate, both reall and personal, lying within the limits and bounds of
such town or district or next unto the same, not paying elsewhere, in
whose hand, tenure, occupation or possession soever the same is or shall
be found ; and income, by any trade or faculty which any person or
persons, except as before excepted, do or shall exercise in gaining, by
money or other estate not particularly otherwise assessed, or commis-
sions of profit in their impx'ovement, according to their understanding
and cunning, at one penny on the pound ; and to abate or multiply the
same, if need be, so as to make up the sum hereby set and ordered for
such town or district to pay ; and in making their assessment, to esti-
mate houses and lands at six years' income of the yearly rents whereat
they may be reasonably set or let for in the places where they lye
(saving all contracts betwixt landlord and tenant ; and where no such
contract is, the landlord to re-imburse the one-half of the tax set upon
such houses and lands) ; and to estimate Indian, negro and molatto ser-
vants, proportionally as other estate, according to their sound judge-
ment and discretion ; also to estimate every ox of four years old and
upwards, at forty shillings ; every cow of three years old and upwards,
at thirty shillings ; every horse and mare of three years old and up-
wards, at forty shillings ; every swine of one year old and upwards,
at eight shillings ; and every sheep of one year old and upwards, at
four shillings ; "likewise requiring the assessors to make a fair list of
the said assessment, setting forth, in distinct columns, against each par-
ticular person's name, how much he or she is assessed at for polls, and
how much for houses and lands, and how much for personal estate and
income by trade or faculty ; and the list or lists so perfected and signed
by them or the major part of them, to committ to the collector, consta-
ble or constables of such town or district, and to return a certificate of
the name or names of such collector, constable or constables, together
with the sum totall to each of them, respectively, committed, unto him-
selfe sometime before the last day of August next.

[1st Sess.] Province Laws. — 1712-13. 695

[Sect. 3.] And the treasurer for the time being, upon the receipt of
such certificate, is hereby impowred and ordered to issue forth his war-
rants to the collectors, constable or constables of such town or district,
requiring him or them, respectively, to collect the one-halfe of each
respective sum assessed on each particular person, before the last day of
November next ; and of the inhabitants of the town of Boston, to col-
lect their proportion sometime in the month of September foregoing ;
and to pay in their collections, and issue the accompts of their first
halfe at or before the last day of November aforesaid, only for Boston
at or before the last day of September aforesaid ; and to collect the
other halfe of each particular person's assessment, and pay in the same
to the treasur[y], and issue the accompts of the Avhole, with himselfe or
the treasurer for the time being, at or before the last day of May, which
will be in the year of our Lord one thousand seven hundred and
thirteen.

Ajid be it further enacted by the autJiority aforesaid,

[Sect. 4.] That the assessors of each town and district, respectively,
in convenient time before their making the assessment, shall give sea-
sonable warning to the inhabitants, in a town meeting or by posting up
notifications in some place or places in such town or district, or other-
wise to notify the inhabitants to give or bring in to the said assessors
true and perfect lists of their polls and rateable estate ; and if any person
or persons shall neglect or refuse so to do, or bring in a false list, it
shall be lawfull to and for the assessors to assess such person or j^er-
sons according to their known ability within such town, in their sound
judgment and discretion, their due proportion to this tax, as near as
they can, according to the rules herein given, under the penalty of
twenty shillings for each person that shall be convicted by legal proofe,
in the judgement of the assessors, of bringing in a false bill (the said
fine to be for the use of the poor of such town or district where the de-
linquent lives) ; to be levyed by warrant from the assessors, directed to
the collector or constable, in manner as is directed for gathering of
town assessments, and to be paid into the town treasurer or the select-
men, for the use aforesaid : saving to the party agrieved at the judge-
ment of the assessors in seting of such fine, liberty of aj^peale therefrom
to the court of general sessions of the peace within the county, for
reliefe, as in case of being overrated.

[Sect. 5.] And if the party be not convicted of any falseness in the
list by him presented of polls, ratable estate and income by any trade
or faculty which he doth or shall exercise in gaining, by money or other
estate not particularly otherAvise assessed, such list shall be a rule for
such person's proportion to the tax, which the assessors may not exceed.
\_Passed June 7 ; published June 19.

CHAPTER 2.

AN ACT FOR REVIVING AND FURTHER CONTINUING OF SEVERAL TEMPO-
RARY ACTS WHICH BY THEIR RESPECTIVE LIMITATIONS ARE NEAR
DETERMINING AND EXPIRING.

Wheeeas several acts have been made and passed by the great and
general court, with limitations to continue for a certain time, now near
expiiing, the revival and further continuing whereof is found neces-
sary,—

Be it therefore enacted by His Excellency the Govemour, Council and
Mejyresentatives in General Court assembled^ and by the authority of
the same^

696

Province Laws. — 1712-13.

[Chap. 2.]

1699-I70o,cii.22. [Sect. 1.] That the act intituled "An Act to prevent the deserting
of the frontiers," made and passed in the twelfth year of the reign of
his late majesty IQng William the Third; the paragraph in addition to

I70i-2,ch.i4,§2. the act for levying souldiers, contained in an act intituled "An Act for
further continuing of several acts therein mentioned that are near
expiring," made and passed in the thirteenth year of his said late

1703-4, chap. 4. majesty's reign ; the act intituled " An Act granting xinto her majesty
several rates and dutys of impost and tunnage of shipping," made and
passed in the second year of her present majesty's reign; and all and
singular the paragraphs, articles, matters and things contained in the
two acts aforegoing be and hereby are revived and further continued
in force, to be practiced, exercised and put in execution, untill the
twenty-ninth day of June, which will be in the year of our Lord one
thousand seven hundred and thirteen, any proviso or limitation in the
said acts or either of them notwithstanding (the duty of tunage of
shijDping being provided by law now in force to be paid in good new
gunpowder, and in no other specie, for and during the present war

1710-11, ch. 11. with France) ; an act granting unto her majesty an excise upon wines,
liquors and other strong drink sold by retail, made and passed in the
ninth year of her present majesty's reign, and all and singular the j^ar-
agraphs, articles, forfeitures, matters and things therein contained, be
and liereby are revived and further continued in force until the twenty-
ninth day of June which will be in the year of our Lord one thousand
seven hundred and thirteen : except such alterations only in any of the
paragraphs, articles and matters therein contained, as are since made
in and by an act against intemperance, immorality and prophaneness,
&c., passed and enacted in this present eleventh year of her majesty's
reign.

A)ic7 be it further enacted hy the authority aforesaid^

1704-5, chap. 7. [Sect. 2.] That the act intituled "An Act for punishing of officers
and souldiers retained in her majesty's service and under pay," made
and passed in the third year of her present majesty's reign ; the act

1706-7, chap. 7. intituled " An Act to encourage the prosecution of the Indian enemy
and rebels," made and past in the fifth year of her present majesty's

1705-7, chap. 12. reign, with the addition made thei-eto in an act passed in the fifth and
sixth years of her said majesty's reign, with this further addition and
alteration ; vizt., that the premium for a male Indian enemy or rebel
capable of bearing arms, or above the age of twelve years, that here-
after shall be killed or taken by any company, troop, party or person,
volunteers actually in the service and under pay, shall be forty pounds
per head, in stead of twenty pounds set by the said first act, and that
they be allowed sixj^ence per diem^ a man, for subsistance ; the act

1704-5, chap. 10. intituled " An Act against souldiers and seamen in her majesty's ser-
vice being arrested for debt," made and passed in the third year of her
present majesty's reign; and all and singular the paragraphs, clauses,
articles, directions, powers, penalties, forfeitures, references, matters
and things in the said several acts and every of them respectively con-
tained, be and hereby are revived, re-enacted and directed to abide and
remain in force, and accordingly to be exercised, jiracticed and put in
execution, as occasion shall require, untill the twenty-ninth day of
June, Avhich will be in the year of our Lord one thousand seven hun-
dred and thirteen : promded^ nevertheless^ that the act for punishing of
officers and souldiers retained in her majesty's service and under pay,
shall be determined before the said twenty-ninth day of June, if the
war with France be brought to an end before that time.

And provided^ that no commission officer but such as are in actual
service and under pay, shall be a member of any court martial, or sit
upon the tryal of any offender.

[1st Sess.] Province Laws.— 1712-13. 697

A7id be ii further enacted,

[Sect. 3.] That the act intituled "An Act for putting the militia i699-i7oo,ch. 17.
of this province into a readiness for the defence of the same," be care-
fully observed and vigorously prosecuted. [Passed June 12 : published
June 19.

698

Province Laws. — 1712-13.

[Chap. 3.]

ACTS

Passed at the Session begun and held at Boston,
ON the Twentieth day of August, A.D. 17 12.

CHAPTER 3.

Preamble.

Indians
brought in, to
be forfeited, un-
less security be
given to carry
them out again
•witliinone
month.

"Indians

■: brought in,to be

entered in the

secretary's
;oface, &c.

Fee for entry
and bond.

AN ACT PEOHIBITING THE IMPORTATION OR BRINGING INTO THIS PROV-
INCE ANY INDIAN SERVANTS OR SLAVES.

Whereas divers conspiracies, outrages, barbarities, murders, bur-
glaries, thefts, and other notorious crimes and enormities, at sundry
times, and especially of late, have been perpetrated and committed by
Indians and other slaves within several of her majestie's plantations in
America, being of a malicious, surley and revengeful spirit, rude and
insolent in their behaviour, and very imgovernable, the over-great num-
ber and increase whereof within this province is likely to prove of
pernicious and fatal consequence to her majestie's subjects and interest
here, unless speedily remedied, and is a discouragement to the importa-
tion of white Christian servants, this province being differently circum-
stanced from the plantations in the islands, and having great numbers
of the Indian natives of the country within and about them, and at
this time under the sorrowful effects of their rebellion and hostilities, —

JBe it therefore enacted by His Excellency the Governour, Council and
JRepresentatives in General Court assembled, and by the authority of the
same,

[Sect. 1.] That from and after the publication of this act, all
Indians, male or female, of what age soever, imported or brought into
this province by sea or land, from any part or place whatsoever, to be
disposed of, sold or left within the province, shall be forfeited to her
majesty for and towards the support of the government, unless the
person or persons importing or bringing in such Indian or Indians, shall
give security, at the secretarie's office, of fifty pounds per head, to
transport and carry out the same again within the space of one month
next after their coming in, not to be returned back to this province.

[Sect. 2.] And every master of ship or other vessel, merchant, or
person whatsoever, importing or bringing into this province, by sea or
land, any Indian or Indians, male or female, within the space of twenty-
four hours next after their arrival or coming in, shall report and enter
their names, number and sex, and give security, in the seci-etarie's
office, as aforesaid, on pain of forfeiting to her majesty, for the support
of the government, the sum of fifty pounds per head, to be sued for
and recovered in any of her majestie's courts of record, by action, bill,
complaint or information.

[Sect. 3.] And the fee to be paid for such entry and bond as
aforesaid, shall be two shillings and sixpence, and no more. [J^assed
August 23.

[2d Sess.] Province Laws.— 1712-13. 699

CHAPTER 4.

AN ACT FOR EXPLANATION, AND IN ADDITION TO THE ACT FOR KEEPING
OF WATCHES IN TOWNS, PASSED IN THE ELEVENTH YEAR OF THE
REIGN OF KING WILLIAM THE THIRD.

Whereas provision is made in and by a paragraph or clause in the 1699-I700,ch. lo.
said act, that a watch may be kept in towns in other manner than a
constable's watch, where the members of the council and justices of
the peace, together with the selectmen, and the selectmen by them-
selves where no member of the council or justice dwells, shall judge
it most for the benefit and safety thei'eof, the inhabitants also agreeing
to suj^port the charge, —

Be it declared and enacted by His Excellency the Governoiir^ Council
and Mepresentatives in General Court assembled^ and by the authority
of the same^

[Sect. 1.] That when, from time to time, a watch, in other and SatJhmen°°nd
different manner from a constable's watch, shall be agreed upon and badge,
directed in any town, in manner as afore-expressed, the number and
qualification of the persons whereof it shall consist shall also be agreed
upon as aforesaid, and one sober, discreet, able-bodied householder
appointed to take the charge and command thereof, and to see that the
watchmen do their duty ; who, as a badge of his office, shall carry a
quarter-pike, with a sj^ire on the top thereof; and every watchman
shall carry a staff, with a bill fastned thereon, as is usual.

[Sect. 2.] And the said officer and watchmen are hereby respec- Watchmen's
tively impowred and authorized to prevent and suppress all disturb- P°^^^'
ances, routs, unnecessary noises and disorders in the night ; to exam-
ine all jjersons whom they shall find abroad after ten a clock, (other
than known, sober, orderly householders or inhabitants), of their busi-
ness abroad, and whither they are going ; and, in case they are refrac-
tory, and give not a reasonable account of themselves and business, or
are persons of ill fame, or justly suspected to have any unlawful
intention or design, then to restrain and secure them, by imprisonment
or otherwise, and keep them safe until the morning ; and then carry
them before a justice of the peace, to be examined and proceeded
against according to the nature of the offence.

[Sect. 3.] And the said w^atchmen are required to walk in and —duty,
about the streets, wharffs, lanes and principal parts of the town, to see
that good rule and order be kept, and to suppress all disorders and
misrule.

[Sect. 4.] And when, at any time or times, any one or more mem- Watchmen and
bers of the council, justices of the peace or selectmen shall think fit to attend the °
walk by night, to inspect the orders of the town wherein they dwell, members of the
as well the said watchmen, as one or more of the constables, are tices, &'c.
required to attend and accompany them, and to observe and obey their
lawful commands.

A7id be it further enacted,

[Sect, 5.] That the fee to the goaler for persons taken up in the Feeforcommit
night, and committed to be secured only whilst the next day, shall be ^^^^'
one shilhng, and no more. [Passed August 23.

TOO

Province Laws.— 1712-13. [Chaps. 5, 6.]

ACTS

Passed at the Session begun and held at Boston,

ON THE Twenty-Second day of October,

A.D. 1712.

CHAPTER 5.

Concord court.
1699, chs. 1, 2.

Cambridge
court.

AN ACT FOR ALTERING THE TIME FOR HOLDING THE COURT OF GENERAL
SESSIONS OF THE PEACE AND INFERIOUR COURT OF COMMON PLEAS,
APPOINTED TO BE HELD AT CONCORD AND CA]\tBRIDGE, RESPECTIVELY,
FOR AND WITHIN THE COUNTY OF MIDDLESEX.

For the better accommodation and conveniency of the county and
the business thereof, —

Be it enacted by His Excellency the Governour, Council and Repre-
sentatives in General Court assetnhled^ and hy the authority of the same,

[Sect. 1.] That the court of general sessions of the peace and infe-
riour court of common pleas for and within the county of Middlesex,
appointed by law to be held at Concord, on the second Tuesday in
June, annually, be henceforth held and kept at Concord on the last
Tuesday in August, yearly.

[Sect. 2.] And that the court of general sessions of the peace and
inferiour court of common pleas, for and within the said county of Mid-
dlesex, appointed by law to be held at Cambridge, on the last Tuesday
in August, annually, be held and kept at Cambridge on the second
Tuesday in June, yearly, any law, usage or custom to the contrary
thereof in any wise notwithstanding. [Passed November 6 ; published
November 11.

CHAPTER 6.

AN ACT TO PREVENT THE OPPRESSION OF DEBTORS.

Whekeas, by reason of the great scarcity of money, and the want of
other adequate media for the necessary support and carrying on the
affairs of the government, particularly in the service of the war for the
defence of her majesty's subjects and interests within this her majesty's
1702 chap. 8. province, the government, several years since, j^rojected and ordered
the making and emitting of bills of publick credit, to be accepted and
received, in all publick payments, equivalent to money, with the advance
of five pounds per cent thereon upon good and sufficient funds granted
for the calling in and answering of the same, which bills, by common
consent and agreement, have likewise obtained a universal currency
throughout the province in all private trade and dealings betwixt mer-
chants and others, and are found very beneficial and serviceable for
facilitating of the same ; the whole course of the trade from the year one

[3d Sess.] Province Laws.— 1712-13. 701

thousand seven hundred and five having been generally managed and
regulated thereby, and all debts since made and contracted (where
there has been no sj^ecial agreement [or] [anc?] contract otherwise),
generally understood to be contracted for the said bills ; and the mer-
chants and trading party having made application to this court for fur-
ther encouragement to be given to the said bills in the way of private
commerce and dealings, and to prevent oppression by a rigorous ex-
action of money (which is not to be had), for debts contracted with the
real intent, both of debtor and creditor, to be paid in bills, though not
expressly mentioned, —

He it therefore enacted and declared by His Excellency the Govemour,
Council and Representatives in General Court assembled, and by the
authority of the satiie.

That from and after the publication of this act, no debtor for any Bills of credit
debt made or contracted since the thirtieth day of October in the year for payment^of
of our Lord one thousand seven hundred and five, or that shall be made *^®^*'
and contracted before the thirtieth day of Octobei', which will be in the
year of our Lord one thousand seven hundred and fifteen (s]oecialties
and express contracts in writing always excepted), that shall tender
satisfaction and payment of his full debt in good and lawful bills of
credit on this province, shall be lyable to have execution served and
levyed upon his estate or person, or be imprisoned upon any recovery
[o/] [or] judgment, to be granted against him for such debt, any law,
custom or usage to the contrary notwithstanding. [^Passed November
8 ; pid)lished November 11.

CHAPTER 7.

AN ACT FOR ERECTING A SPECIAL INFERIOUR COURT OF COMMON PLEAS
WITHIN THE ISLAND OF NANTUCKETT.

Where A.S complaint is made by Stephen Hussey, on behalfe of himself
and divers others, inhabitants and proprietors of the island of Nantucket,
as also by divers Indian sachems on the said island, of wrong and in-
jury done them in their rights and propertys, and that they cannot have
redress by course of law in the courts established there, by reason of the
consanguinity, affinity and relation that is betwixt the justices of the
said courts and the inhabitants of the said island in general ; wherefore
to the intent that justice be equally and impartially administred to all
her majesty's good subjects, and, in an especial manner, for the quieting
of the Indian native proprietors, —

Be it enacted by Ilis Excellency the Govemour, Council and Hepre-
sentatives in Genercd Court assembled, and by the authority of the same,

[Sect. 1.] That there be an inferiour court of common pleas, for
this time specially constituted, within the said island, to be holden by
four able, skilfull and uninterested persons, as justices of the said court,
to be nominated and appointed by the governour, by and with the advice
and consent of the council, any three of whome to be a quorum, who
shall receive commission from the governour for their sitting and open-
ing of the said court, at such day and place, within the said island, as
they or any three of them shall appoint for that purpose, and cause to
be published in the said island at any day betwixt the first and the last
day of August, in the year 1713 ; which said justices, to be appointed,
and commissioned as aforesaid, shall be impowred to hold plea of aU
civil actions, both real and personal, which shall be brought before
them by the said Stephen Hussey or any other inhabitants of the said

702 Province Laws.— 1712-13. [Chap. 7.]

island, English or Indians, and to hear, try and determin the same by
jury, and to do therein what to justice appertaineth, according to law ;
and to award execution thereupon : saving to either party aggrieved
at any judgement or sentence given in the said court, the liberty of an
appeal to the superiour court of judicature, as by law is provided and
established for appeals from the inferiour court within the said island
of Nantuckett.

And he it further enacted,

[Sect. 2.] That it shall and may be lawfuU to and for the justices of
the said court to adjourn the court from time to time, as they shall see
occasion and find necessary, for sufficient time to hear and determine
the causes which shall be brought before them. [Passed October 30 ;
published Xfovember 11.

[5th Sess.] Province Laws.— 1712-13. 703

ACTS

Passed at the Session begun and held at Boston,
ON the Eighteenth day of March, A.D. 17 12-13.

CHAPTER 8.

AN ACT IN ADDITION TO THE ACT FOR MAKING LANDS AND TENEMENTS
LIABLE TO THE PAYMENT OF DEBTS.

Wheeeas, in and by an act made and j^assed in the eighth year of ic96, chap. 10.
the reign of his late majesty King William the Third, lands and tene-
ments are made liable to the payment of debts, and Avhereas, in practis-
ing upon the said act, either through the perverseness of the creditor
or coiTuption of the officer, executions for small sums are sometimes
laid on part of housing and lands of great value, in such manner as
gi'ievously to discommode or spoil the remainder, contrary to the good
intent of the said act, the party injured being without remedy ever to
recover his estate back again ; for prevention of such inconvenience and
mischief for the future, —

Be it enacted by His Excellency the Govemour, Council and JRe}^-
resentatives in General Court assembled, and by the authority of the
same,

[Sect. 1.] That when any land or tenement, in part or in whole, One year's time
shall be levyed and taken in execution for debt, it shall and may be law- cover back'^
ful, to and for the party or his heirs, whose estate is so taken in execu- |^°"f!"-"/*'" .
tion, within the space of one year next following the levying execu- execution for
tion thereon, and not afterAvards, to bring his suit against the creditor **^^*^'
or his heirs, or tenant in possession, and recover back his estate upon
paying the full sum for which the same was taken, with interest from
that time, and the reasonable necessary charges and disbursements laid
out and expended thereon for repairing or bettering of the same, over
and above what and so much as the rents, profits and improvements
made thereof shall fall short of re-imbursing such charges ; to be ac-
counted for by the party for whom the same was taken in execution, his
heirs or assigns, agi-eeable to the provision made in the act for equity of ^•'^^f '^^'•''P- 2--
redemption of estates upon mortgage forfeited for the condition broken.

And whereas, in and by the aforementioned act relating to the equity
of redemption of mortgaged estate, forfeited, the term of three years
therein limited for the redemption is diversly construed as to the com-
mencement thereof, —

JBe it enacted and declared,

[Sect. 2.] That the said tenn of three years shall be reckoned and The three years
accounted from the time of the mortgagee his entry into and taking of'estatcsVnort"
possession of such forfeited estate, any law, usage or custom to the con- gaged to com-
trary notwithstanding. \_Passed March 25 ; imhlished March 30, 1713. ume'^o/'""'" *'"'

mortgagee's

entry.

n Gray, 499.

704

Province Laws. — 1712-13.

[Chap. 9.]

CHAPTER 9.

AN ACT DIRECTING HOW MEETINGS OF PROPRIETORS OF LANDS LYING IN
COMMON MAY BE CALLED.

Preamble.

Fourteen days'

notice for a

meeting.

10 Mass. 12, 151.

1 Pick. 227.

8 Allen, 13.

13 Allen, 643.

Power to
choose a clerk.

Whereas the law has made provision and impowred the proprietors
of lands lying in common, as well those already stated and divided,
each one's proportion being known, as those not stated, divided or pro-
portioned as aforesaid, to manage, improve, dispose and divide the
same, in such way and manner as hath been or shall be concluded and
agreed on by the major part of the interested, but no direction being
given how a meeting of such proprietors may be orderly and regularly
called and assembled, —

Be it enacted ty His Excellency the Governour, Council and Rep-
resentatives in General Court assembled, and by the authority of the
same,

[Sect. 1.] That when and so often as any five or more of the pro-
prietors of such common lands shall judge a proprietors' meeting to be
necessary, they may make ajiplication to a justice of the peace within
the same county Avhere such lands lye, for a warrant for the calUng of
a meeting, expressing the time, place and occasion thereof; and such
justice is hereby impowred to grant a warrant for such meeting accord-
ingly, directed to one of the proi^rietors asking the same, or to the pro-
l^rietors' clerk, requiring him to notify the proprietors of the meeting,
and the time and place for the same ; which notification shall be
given in writing, posted ui> is some publick place or places within the
town or precinct where the lands lye, fourteen days before the day ap-
pointed for the meeting ; and such and so many of the proprietors as
shall be assembled and meet accordingly, shall have power, by a major
vote, to choose a clerk to enter and record all votes and orders that,
from time to time, shall be made and passed in the proprietors' meet-
ings, who shall be sworn to the faithful discharge of his oifice, as the
law directs for the swearing of town officers ; and to agree upon and
appoint any other way or method of calling and summoning meetings
for the future, as shall be most suitable and convenient to the proprie-
tors ; as also to pass orders for the managing, improving or dividing
such common lands, not before stated and divided : the voices always
to be collected and numbered according to the interests present, where
the same is known.

[Sect. 2.] And no other affiiir shall be transacted at any meeting
of the proprietors than what is expressed in the warrant or notification
for such meeting. [^Passed March 25 ; published March 3Q, 1713.

Notes. — There were five sessions of the General Court this year, and acts were passed at
each, except the fourth. The engrossments of all the foregoing acts are preserved except of
chapters 3 and 4, and all were printed except chapters 1, 2 and 7.

Three private acts were also passed this j'ear, under the following titles; viz., —

"An Act Impowring Theodosia Sherman, (late Clarke) Thomas Mawdsley and Ebenezar
Mawdsley, Guardians of the Four Children of John Mawdsley and Hannah his Wife, (late
Clark) both Deceased, being INIinors, to make Sale of \,a.\\{\..''—{A2jproved June 12.

"An Act for taking off the Entailc and Vesting the Fee Simple of a Piece of Land in Boston,
in John Clarke, Esq'., and his heirs, the present Tenant in Taile, for an Equivalent propos'd."
— [Approved Aug. 22.

" An Act for Settleing the Lands of Justinian Holden, late of Cambridge, dece*."— [Jja^Jrwec?
Oct. 30.

Chap. 6. The following interesting correspondence and memoranda relating to the bills of
credit of the Province are inserted as appropriate to this chapter: —

Letter from M^- Barley to Lords of Trade.
" To the Rt. Hon*''" y" Lords Commi="' for Trade and Plantations.

Mv Lords and Gentlemen: Her Majesty's Post IMasters General having made a Representa-
tion "to my Lord Treasurer, concerning the loss which that Branch of Her Maj"" Revenue in
North America is like to sufier, by the currency of Paper Bills throughout her Majesties Domin-
ions there, I send you the said Representation hereiaclosed which his Lordship desires you will

[Notes.] Province Laws.— 1712-13. 705

please to consider as -well ■with respect to her Majesties Revenues in general as to the mischief

■which must attend the trade of her subjects in those parts when it is carried on by a Specie that

has no fund to support the same and to propose ■what you think fit for her Majesty to do therein.

I am My Lords & Gentlemen Your most hum'''' Serv'.

J. Harley.

Treasury Chamb" IC"* May 1713."

" May it please your Lordships, "VVc beg leave to inform Your Lordships of a difBculty which
M'. Hamilton Vfho has the management of the Posts throughout Iler Majestj''s Dominions on
the Continent of North America represents to have happened to our Deputies in New England
by reason of an Act of Assembly past there ■which enjoins tlie currency of paper bills as specie
throughout that Province, -whereby should the postage due for letters be insisted on to be paid
in those Bills that Branch of the Post OfBce ■would suffer considerably by the great discount on
the said Bills, And as the nominal value of the lowest species of such Bills amounts to a Crown
and the postage of a single letter amounts to a very small part of that sum there ■will be a
necessity if the postage of letters be not actually paid in money, for our Deputies to keep ac-
counts with the Merchants or Dealers there to whom letters are directed till the postage shall
amount to five shillings, or to exchange mony for Bills on the delivery of each Letter which
would be attended with a great loss out of the produce of the letters of y' Province.

Wee thought it our duty to represent this matter to 3-our Lordships and for preventing such a
loss to the Revenue of the Posts of that Country', do liumbl}' propose that a letter may by her
Majesty's commands be writ to the Governour and Councill there recommending on this occa-
sion, to their particular care and encouragement, the Posts of that Province And that as the Act
of Parliament establishing y« rates of the Postage of letters through all her Majestj^'s Domin-
ions expresses the same to be paid in British Mony, the postage of the Letters of New England
may be paid therein as fomrerly, and as now is practised throughout all her Majesty's other Dc-
minioDS on y said Continent.

All vi"^ is most humbly represent* to your Lordships consideration

Tho: Frankland.

Gen». Post Office, May y« O"- 1713." I : Evelyn.

—Netv England B. T., vol. 36, p. 383.

" Whitehall, Monday June 1" 1713. *****

A letter from M'. Harley Secretarj- of the Treasury of the 16"" of May last, with a Repre-
sentation of the Postmaster General to the Lord High Treasurer relating to the loss which the
Revenue of Postage will suffer in New England by the currency of Paper Bills of Credit there,
was read, and their Lordships agreed to take the same into consideration at the first opportunity."
— Trade pajHrs (Journals), vol. 17, p. 359.

"Whitehall, Tuesday June 23^1 1713. *****

A letter from M'. Harley of the IG"' of May with a Rep" of the Post Master General to the
Lord High Treasurer relating to the loss which the Revenue of postage will be subject to in New
England by the currency of Bills of Credit there, as mentioned in the Minutes of the 1" Instant,
was again read : Whereupon Ordered that M'. Hamilton who has the management of the Posts
on the Continent of America and M'. Dummer Agent of the Province of the Massachusets Bay
be desired to attend the Board to morrow morning. And that the Acts of that Province relating
to this affair be look' d out, and laid before their Lordships at the same time." — Ibid., p. 379.

" Whitehall, Thursday June 25"^ 1713. *****

M'. John Hamilton, Agent for the Posts on the Continent of America, and M'. Dummer Agent
for the Massachusets Bay attending as thej' had been desired the Representation of the Post
Master Gen' to my Lord Treasurer mentioned in the Minutes of the 1'' June was again read,
Whereupon M'. Hamilton said that in the beginning of November last An Act was passed in
the Massachusets Bay injoining the currency of Papers Bills as specie throughout that Province,
that if the postage of letters w"'' by the Act lately passed here is to be paid in sterling be paid
there in those Bills, it will be a great loss to that branch of the Revenue, those Bills having no
fund for making them good.

M'. Dummer own'd that there was no fund, but that those Bills have passed in that Province
on the credit of the Country for above these twenty years by virtue of Acts made from time to
time for that purpose, that they are as good as specie there some of them being made for so
small a sum as eighteen pence. And that the reason for making the said Bills was, that most of
the money in that Province is every year sent to England.

These gentlemen being withdrawn and their Lordships inquiring for the said Act, the Secre-
tary acquainted the Board that it had not been yet reed, Whereupon their Lordships gave
directions for preparing a letter to my Lord Treasure upon the forementioned Representation of
the Postmaster General." — Ibid., p. 382.
" Whitehall, Friday June 26'" 1713. *****

A letter to the Lord High Treasurer upon the Representation of the Postsmasters General in-
closed in M^ Harley's letter of the IG"" May & mentioned in yesterday's minutes, relating to the
diflSculty which the post Officers in New England are under by reason of an Act lately pass'd
in the Massachusets Bay, for the currency of Bills of Credit as specie, was signed." — Ibid'., p. 384.

Lords of Trade to the Lord High Treasxirer.
" Lord High Treasurer of Great Britain

My Lord, We have received your Lordship's pleasure, signifyed to us the 16"" of the last month
by M^ Harley, That we should consider y Representation of the Post Masters Gen' relating to
a difficulty their Officers in New England are under by reason of an Act of Assembly pass'd
there for the currency of Paper Bills as Specie.

We take leave to represent to your Lordship, that We have discours'd the Agent of the Posts
on the Continent of America, as also the Agent of the Massachusets Bay and are inform'd that
in November last, an Act Avas past there for making Paper Bills current as specie throughout
that Province, But no such Act has been yet transmitted to us as usual and ought to have been;
The said Agents inform us that no fund is provided for the payment or discharge of the said
Bills, which must needs be a great disadvantage to trade, and a particular loss to the revenue
arising by the postage of letters; Wherefore we humbly offer that Her Majesty's pleasure be

706 Province Laws.— 1712-13. [Notes.]

signif3''d to Colonell Dudley, the Governour of that Province, immediatlj' to transmit hither
the said Act for Her Majest}''s pleasure thereupon. And that he be directed for the future not to
give his assent to any Act for making Bills of Credit current unless the said Act do at the same
time establish a sufficient fund for the paj'ment and discharge of such Bills.

We are My Lords Your Lordship's most obedient and most humble Serv'^

guilfokd.

Ph: Meadows.

PtOBT. MOMCKTON.

Fkan. Gwyn.
Tho. Foley.
Whitehall, June the 26"' 1713." J. H. Cotton.

—New En(jland B. T., vol. 36, p. 399.
" Whitehall, Friday Feb? 4"' 1714-5. *****

Colonel Nicholson latel3' arrived from North America attended . . . and recommended to
their Lordships consideration the present miserable condition of New England, with relation to
their want of money & subsisting by Bills of Credit." — Trade jiapevs (Journals), vol, 18, p. 40G.

Lords of Trade to Governor Dudley.

" Upon which we think ourselves oblig'd to take notice of the several Acts about Bills of Credit
past both in the Province of the Massachusets Bay & in New Hampshire particularly that to
prevent the oppression of debtors, pass'd the 28"" of May 1712, whereby Creditors are enforced
to take those Bills in payment. We desire an account of the state of that matter, what number
of those Bills are extant and what funds to answer them. If there are not funds to answer
them, the issuing them is an injustice and if there are sufBcient funds the credit -of them must
needs be diminished by their being enforced, and the Acts past for the preventing their being
forged and punishing that offence, shews us that you experience another great inconvenience hy
those Bills.

Guilford.
Rob: Moncton.
Fr. Gwyn.
Whitehall, July the S"- 1713." Tii. Foley.

—Ibid., p. 442.

Governor Dudley to Lords of Trade.*

" May it please Your Lordships.

***********

Since which I have two letters from j^our Lord?' the first of July 8* in the first Clause thereof
your Lordships direct me to give an account referring to the Bills of Credit in use> which I pray
your Lordships to accept as follows: —

Upon my arrival here with her Majesty's Commands for this Governm' I was soon overtaken
with the Proclamation of the War, into which as soon as into all former Wars the French in
my neighbourhood at Canada, soon armed themselves & all their dependant Indians & put
me upon raising Guards & Garrisons & marching parties to the number of 1000 men & more
who after the manner of establishment & subsistance & paym' here, with their officers & inci-
dental charges, amounts to ^30,000 W annum, and when the Assemblys of both the Provinces
came to consider, how to raise that money necessary for the 1"' year, they found all the coyn &
bullion, passing in trade not enough to pay the necessary expences of the year & by their Com-
mittees projected these Bills of Credit & prayed at first to make a trj-al of only £10,000, for
•which the Fund should be an Act of Assembly for £12,000 payable in three years into the
Treasury, making the said Bills current only to pay the said Taxes into the Treasury, before the
Year was out they granted another tax for as much more upon a like Fund for further time. The
perfect want of money was such that the Bills became current in all trade with Merchants &
Countrymen, with that honour that I never heard of any abatement in payment either in Trade
or Market or any Dealing whatsoever.

The heat & length of the War forced the Assemblys to continue their impression of them from
first to last to the value of fand all those Acts under Her Majesty's Seal of these Prov-

inces are in your Lordships Office, sent home annually, & there is no penny issued in Bills till
that security be duly enacted signed bj' the Speaker for the Representatives, by the Secretary
for the Council, by the Governor for the Queen, & agreeably there are already in and burnt

fthousand Pounds and there are yet standing out and in use fthousand pounds

which four or five years will bring in and leave the Province out of debt; And I maj' assure
your Lordships without this method I could never have subsisted nor cloathed the Forces that
have defended & secured these Colonyes as well as our Neighbours, but must have left all to
ruin and mischief.

Referring to that Temporary Act to prevent the oppression of debtors, your Lordships see by
this Act that it is but for three years and does not oblige the Creditor to take them in payment
of the debt, but only that if the Debtor can deposit so much as the debt in Province Bills it
shall save his person from imprisonment, untill the money can by that means or any other estate
discharge his debt, which short time will soon be out and without any great foresight it is easy
to be seen, that these Bills when they come to be paid up will be five per cent better then money
because the Treasury receives them att that advance, as appears by eveiy one of those Acts
and the usage heitherto.

The forgery and fraud ofFerd to the Bills of which your Lordships enquire is not much and is
generally soon discover'd and reformed and is no other, I am humbly of opinion then the cor-

* This letter, although received January 15, 1713-14, was not " read " before June 25, 1718, with
several others dated in 1712 and 1713.
t Left blank in the originaL

[Notes.] Province Laws.— 1712-13. 707

ruption & false cojming of money, stampt paper, and other paper credits which has been tao
often done in Great Britain, which I hope will be all over in three or four years, by which time
the last of them will come to the fire, however what your Lordships in your wisdom direct, shall
be done therein.

J. Dudley.
Boston New England 1=' December 1713."
—Ibid., vol. 38, p. 130.

The following resolves are referred to in subsequent acts :—

(a.) " June 13, 1712. The following Eesolve, pass'd in the Souse of Represent*", Read &
Concur'd; viz..^-

Resolved that the Sum of Five thousand Pounds, of Bills of publick Credit on this Prov-
ince, bo further & forthwith made by the Committee last appointed to make such Bills, & upon
the same Plates with the Bills ordered to be made the last Session ; who shall be paid for their
Making, in the same proportion as for the last they made; That the said Committee deliver the
Sum of Three thousand Pounds to the Treasurer, taking his Receit for the same, & keep the
remaining Two thousand Pounds in their Hands, Unsign'd, until the further Order of this Court.

And the Treasurer is hereby directed & impowered to issue forth & emit the said sum of
Three thousand Pounds, together with the sum of Sis thousand Pounds more, of Bills of pub-
lick Credit that are or shall be received into the Treasury, towards Payment of the publick Debts
of the Province already contracted, & the further growing Charge thereof; For the Supplying
& Subsisting of the Province Galley & Sloop, Forts, Garrisons & Forces raised & to be raised
& employed within the same, & for Wages arising from their Service; for Payment of Grants,
Salaries & Allowances, made & to be made by this Court, According to such Draughts as shall
be made upon him, by Warrant or Order of the Governor, by & with the Advice & Consent
of the Council. And the said Bills shall pass out of the Treasury, at the Value therein expressed,
equivalent to Money, & shall be taken & accepted, in all publick Payments, at the Advance &
after the Rate of Five Pounds per Cent, more; And that the Duties of Impost & Excise shall
be a Fund & Security for the Repayment & Drawing in of the said Bills to the Treasury again,
so far as that will reach.

And, as a further Fund & Security for the same. For the Payment of Soldiers' Wages, & for
the defraying of the further necessary growing Charge of the Province, the Defence of her
Majestys Subjects & Interests within the same, & Support of the Governm' thereof, There be
& hereby is granted unto Her most Excellent Majesty, for the Ends & Uses aforesaid, a Tax of
Nine thousand Pounds, on Polls, & Estates both real & personal, within this Province, accord-
ing to such Rules & in such Proportion, upon the several Towns & Districts within the same,
as shall be agreed on & ordered by the Great & General Court or Assembly of this Province,
at their Session in May, 1717 ; to be paid into the Treasury, Five thousand Pounds thereof
on or before the last Day of November, 1717, & the remainmg Four thousand Pounds on or
before the last Day of May, 1718. Consented to: J.Dudley."

— Council Records, vol. JX.,2)j}. IS 1-5.

(b.) " Oct. 29*, 1712. The four following Resolves, pass'd in the House of Represent"',
Read & Concur'd ; viz., —

***********

Resolved that the Sum of Seven thousand Pounds, in Bills of publick Credit on this Prov-
ince, be further & forthwith made by the Committee last appointed to make such Bills, & upon
the same Plates with the Bills last made (Saving that there be Double the Number upon the
smallest Plates); Who shall be paid for their making them, in the same proportion as for the
last they made ; That they deliver the said Bills to the Treasurer, taking his Receit for the same.

And the Treasurer is hereby directed & impowered to issue forth & emit the said Sum of
Seven thousand Pounds, together with the sum of Three thousand Pounds more, of the Bills of
publick Credit that are or shall be received into the Treasury, towards Paj'ment of the publick
Debts of the Province already contracted & the further growing Charge for the Defence thereof;
for the supplying & subsisting of the Forts, Garrisons & Forces raised & to be raised & em-
ployed within the same, & Wages arising for their Ser^'ice; for Payment of Grants, Salaries &
Allowances made & to be made by this Court, according to such Draughts as, from time to
time, shall be made upon him, by Warrant or Order from the Governor, by & with the Advice &
Consent of the Council. And the said Bills shall pass out of the Treasury, at the Value
therein expressed, equivalent to Money, & shall be taken & accepted, in all publick Payments,
at the Advance & after the Rate of Five Pounds per Cent more ; —

And that the Duties of Impost & Excise shall be a Fund & Security for the Repayment &
drawing in of the s* Bills to the Treasury again, so far as that will reach.

And, as a further Fund & Security for the same, for the Payment of Soldiers Wages, & for
defi'aying the further necessary growing Charge of the Province, the Defence of her Majesty's
Subjects & Interests within the same, & Support of the Governm' thereof. There be & hereby
is granted unto her most Excellent Majesty, to the Ends «Ss Uses aforesaid, a Tax of Ten thou-
sand Pounds; Seven thousand Pounds thereof to be levied on Polls, & Estates both Real &
Personal, within this Province, according to such Rules & in such Proportion, upon the sev-
eral Towns & Districts within the same, as shall be agreed on & ordered by the Great & Gen-
eral Court or Assembly of this Province, at their Session in IMay, One thousand seven hundred
& seventeen, & Three thousand Pounds, at their Session [in.May*], One thousand seven hun-
dred & eighteen ; To be paid into the Treasur}', Seven thousand Pounds on or before the last day
of Maj', One thousand seven hundred & eighteen. And the remaining Three thousand Pounds,
on or before the last Day of Novem', One thousand seven hundred & eighteen.

Consented to: J.Dudley."
—Ibid., pp. 202-3.

(c.) "March 21, 1712. The following Resolve, pass'd in the House of Represent'", Read
& Concur'd; viz., —

Resolved that the Sum of Two thousand six hundred & twenty-three Pounds, sixteen shillings

* Omitted in the record.

708 Province Laws.— 1712-13. [Notes.]

& six pence, of Bills of publick Credit on this Province, be further & forthwith made by the
Committee last appointed to make such Bills, & upon the same Plates with the Bills last made ;
Who shall be paid for their Making, in the same proportion, as for the last they made ; That
they deliver the said Bills to the Treasurer, taking his Receit for them.

And the Treasurer is hereby directed & impowered to issue forth & emit the said Sum of Two
thousand six hundred & twenty-three Pounds, sixteen shillings & sixpence. And the Sum of
One thousand three hundred seventy-six Pounds three shillings & sixpence, being Part of the
Bills made to be lent to such as should supply General Hill & Admiral Walker for the late Ex-
pedition against Canada, that are not borrowed & issued for that End ; And the further Sum of
Two thousand Pounds, of the Bills of Credit that are or shall be received into the Treasurj',
towards Payment of the publick Debts of the Province already contracted, & the further grow-
ing Charge for the Defence thereof; for the supplying & subsisting of the Forts, Garrisons &
Forces raised or to be raised & employed within the same, & Wages arising for their Service ; for
Payment of Grants, Salaries and Allowances made & to be made by this Court, according to
such Draughts as, from time to time, shall be made upon him by Warrant or Order from the Gov-
ernor, by & with the Advice «& Consent of the Council. And tJie said Bills shall pass out of the
Treasury, at the Value therein expressed, Equivalent to Money, & shall be taken & accepted,
in all publick Payments, at the Advance & after the Rate of Five Pounds per Cent, more ; And
that the Duties of Impost & Excise shall be a Fund & Security for the Repayment & Drawing
in of the said Bills to the Treasury' again, so far as that will reach.

And, as a further Fund & Security for the same, for the Paying of Soldiers' Wages, & for
defraying the further necessary growing Charge of the Province, the Defence of her Majesty's
Subjects & Interests within the same, & the Support of the Governm' thereof. There be &
hereby is granted to her most Excellent Majesty, for the Ends & Uses above said, a Tax of Six
thousand Pounds, to be levied upon Polls, & Estates both real & personal, within this Prov-
ince, according to such Rules & in such Proportion, upon the several Towns & Districts within
the same, as shall be agreed on and ordered by the Great & General Court or Assembly of this
Province, at their Session in May, One thousand seven hundred and eighteen, & paid into the
Treasury on or before the last Day of November next after.

Consented to: J. Dudley."
-^IUd.ypp. 225-6.

ACTS,

Passed 1713 — 14.

[709]

ACTS

Passed at the Session begun and held at Boston,
ON the Twenty-Seventh day of May, A.D. 17 13.

CHAPTER 1.

AN ACT FOR APPORTIONING AND ASSESSING PART OF ONE TAX, AND THE
WHOLE OF ANOTHER TAX, ON POLLS AND ESTATES, PURSUANT TO THE
FUNDS AND GRANTS MADE TO HER MAJESTY BY THE GENERAL ASSEMBLY
IN THE YEAR 1709, AND PART OF ANOTHER TAX MADE AS AFORESAID IN
THE YEAR 1710.

Whereas the great and general court or assembly of the province
of the Massachusetts Bay in New England, at their several sessions in
the years 1709 and 1710, did make and pass three several grants of
taxes, as funds and security for the repayment and drawing in of several
sums in the bills of credit on this province, ordered to be imprinted,
repeated and issued out of the publick treasury ; that is to say, at their
session begun the 26th day of October, 1709, a grant of eighteen thou-
sand pounds,* and at their session begun the tirst day of February,
1709, a grant of three thousand povmds,t and at their session begun the
31st day of May, 1710, a grant of thirteen thousand pounds,^ allapplyed
to the ends and uses in the said I'espective grants, particularly enumer-
ated and expressed ; and, by the resolves of the said court making the
aforesaid grants, it was then ordered that seventeen thousand pounds
of the said first grant, the whole of the second grant, being three thou-
sand pounds, and two thousand j^oimds of the third grant, making in
the whole the sum of twenty-two thousand pounds, should be appor-
tioned, assessed and levyed on polls, and estates both real and personal,
within this province, according to such rules and in such proportion,
upon the several towns and districts within the same, as should be
agreed on and ordered by this court in their present session ; where-
fore, for the ordering, directing and perfecting of the said assessment,
pursuant to the three grants made i;nto her most excellent majesty, as
above recited, which are hereby unanimously approved, ratified and
confirmed, we, her majesty's loyal and dutiful subjects, the represen-
tatives in general court assembled, pray that it may be enacted, —

And be it accordingly enacted by His Excellency the Governour,
Council and Hepresentatives in General Cou7't assembled^ and by the
authority of the same,

[Sect. 1.] That each town and district within this province shall bo
assessed and pay, as its proportion of the said twenty-two thousand
pounds, and the further additional sum of six hundred forty-eight
jDOunds, seventeen shillings and threepence, now granted for drawing in
a like sum of the outstanding bills of credit, towards the discharge of
the publick debt, the whole assessments to be apportioned and made by

* Notes to 1700-10, resolve (c). f Il>id., resolve (<f.)- t Notes to 1710, resolve (o.).

712

Province Laws. — 1713-14.

[Chap. 1.]

virtue of this act amounting to twenty-two thousand six hundred and
forty-eight pounds, seventeen sliillings and threepence, — the sum
following ; that is to say, —

IN THE COUNTY OF SUFFOLK.

Boston, three thousand nine hundred and seventeen

pounds six shillings and sevenpence, . . .£3,917 6s. 7c?.

Roxbury, three hundred and twenty pounds, . . 320 0 0

Dorchester, four hundred and forty pounds, . . . 440 0 0

Hingham, three hundred and sixty pounds, . . . 360 0 0

Brantrey, three hundred and twenty pounds, . . 320 0 0
Dedham including Needham, two hundred and seventy

pounds, 270 0 0

Medfield, two hundred thii'ty-five pounds ten shillings, . 235 10 0

Weymouth, one hundred ninety-five pounds, . . 195 0 0

Milton, one hundred and forty pounds, . . . 140 0 0

Hull, eighty pounds ten shillings, . . . . 80 10 0

Wrentham, seventy-seven pounds ten shillings, . . 77 10 0

Mendon, one hundred pounds, 100 0 0

Woodstock, eighty pounds, 80 0 0

Brookline, one hundred and fifteen pounds, . . . 115 0 0

IN THE COUNTY OP ESSEX.

Salem, eight hundred and fourteen pounds, .
Ipswich, one thousand pounds, ....
Newbury, six hundred ninety-eight pounds ten shil

lings,

Marblehead, three hundred and ninety pounds, .
Lynn, three hundred and thirty pounds,
Andover, three hundred twenty-four pounds,
Beverly, two hundred sixty-one pounds,
Rowley, two liundred and fifty pounds,
Salisbury, one hundred eighty-five pounds, .
Haverhill, one hundred and sixty pounds,
Glocester, two hundred and one pounds eleven shil

lings and eightpence,

Topsfield, one hundred and eighty pounds, .
Boxford, one hundred thirty-eight pounds ten shillings
Wenham, one hundred thirty-eight pounds, .
Amesbury, one hundred and ten pounds.
Bradford, one hundred twenty-five pounds twelve shil

lings and sixpence, ......

Manchester, forty-six pounds, ....

814 0 0

1,000 0 0

698 10 0

390 0 0

330 0 0

324 0 0

261 0 0

250 0 0

185 0 0

160 0 0

201 11 8

180 0 0

138 10 0

138 0 0

110 0 0

125 12 6

46 0 0

IN THE COUNTY OF MIDDLE SEX.

Charlestown, five hundred and ninety jDounds,

Watertown, three hundred and twenty jDounds two
shillings and ninepence, ......

Weston, one hundred thirteen pounds seven shillings
and threepence, .......

Cambridge, two liundred fifty-eight pounds sixteen shil-
lings and sevenpence,

Concord, three hundred and forty pounds, .

Woburn, three hundred thirty- three pounds,

Reading, two hundred fifty-four poimds ten shilUngs, .

Sudbury, two hundred fifty-one pounds,

Marlboro, two hundred and fifty pounds ten shillings, .

Lexington, one hundred thirty-nine pounds thirteen
shillings and fivej)ence,

590 0 0
320 2 9
113 7 3

258 16 7

340 0 0

333 0 0

254 10 0

251 0 0

250 10 0

139 13 5

[1st Sess.]

Province Laws. — 1713-14.

713

Newton, two hundred pounds ten sliilliugs, . . . £200 10s. Od.

Maiden, one hundred and nhicty pounds, . . . 190 0 0

Chelmsford, one hundred sixty-seven pounds . . 167 0 0

Billerica, one hundred sixty-one pounds ten shillings, . 161 10 0
Sherbourn, one hundred and fourteen pounds eight

shillings and elevenpence, 114 8 11

Groton, fifty pounds, 50 0 0

Lancaster, lifty pounds, 50 0 0

Framingham, one hundred fourteen pounds eleven

shillings and twopence, 114 11 2

Medford, seventy-four pounds ten shillings, . . . 74 10 0

Stow, sixty pounds, 60 0 0

Dunstable, fifteen pounds, 15 0 0

Dracut, twenty pounds, 20 0 0

IN THK COUNTY OP HAMPSHIRE.

Springfield, two hundred seventy-two pounds, . . 272 0 0

Northampton, two hundred twenty pounds ten shillings, 220 10 0

Hadley, one hundred fifty-seven pounds ten shillings, . 157 10 0

Hatfield, one hundred and thirty-six pounds ten shillings, 136 10 0

Westfield, one hundred pounds, 100 0 0

Suffield, seventy pounds, 70 0 0

Enfield, sixty pounds, 60 0 0

Deerfield, thirty pounds, 30 0 0

IN THE COUNTY OP PLYMOUTH.

PljTnouth, two hundred and twelve pounds, . . 212 0 0

Plympton, one hundred and eight pounds, . . . 108 0 0
Scituate, three hundred ninety-six pounds ten shillings

and ninepence, ........ 396 10 9

Bridgewater, two hundred twenty-three pounds nine

shillings and threepence, 223 9 3

Marshfield, two hundred pounds, 200 0 0

Pembrook, seventy-six pounds six shillings and one

penny, 76 6 1

Duxbury, one hundred and tAventy pounds thirteen shil-
lings and elevenpence, ...... 120 13 11

Middleboro, one hundred pounds, .... 100 0 0

Rochester, ninety pounds, 90 0 0

Abbingtou, thirty pounds, 30 0 0

IN THE COUNTY OP BARNSTABLE.

Barnstable, three hundred and eighty pounds, . . 380 0 0
Eastham, two hundred and five pounds seven shillings

and fouqjence, 205 7 4

Truro, sixty-five pounds five shillings and twopence, . 65 5 2

Sandwich, two hundred and seventy pounds, . . 270 0 0

Yarmouth, two hundred and eight pounds, . . . 208 0 0

Harwich, one hundred and twenty pounds, . . . 120 0 0

Falmouth, seventy-three pounds ten shillings, . . 73 10 0

Chatham, sixty -nine pounds ten shillings, . . . 69 10 0

IN THE COUNTY OF BRISTOL.

Bristol, two hundred and twenty pounds, . . . 220 0 0

Taunton, two hundred sixty-eight pounds two shillings

and sixpence, 268 2 6

Norton, with the east end of the North purchase, fifty-
three pounds and eightpence, 53 0 8

Dartmouth, three hundred and sixty pounds, . . 360 0 0

£72

.9d.

225

260

265

170

103

105

210

714 Province LAWd.— 1713-14. [Chap. 1.]

Dighton, seventy-two pounds and ninepence,
Rehoboth, two hundred twenty-five pounds,
Little Compton, two hundred and sixty pounds, .
Swanzey, two hundred sixty-five jiounds,
Tiverton, one hundred and seventy pounds,
Freetown, seventy pounds, .....
Attleborough, seventy-five pounds,

IN" DUKES COUNTY.

Edgartown, one hundred and three pounds, .
Chilmark, one hundred and five pounds,
Tisbury, sixty-one pounds, .....

IN THE COUNTY OF YOEKE.

Yorke, twenty pounds, ......

Kittery, forty pounds,

Wells, five pounds,

Nantucket, two hundred and ten i^ounds.

Amounting, in the whole, to the sum of twenty-two thousand six
hundred forty-eight pounds seventeen shillings and threej)ence.
And be it further enacted by the authority aforesaid,
[Sect. 2.] That the treasurer do forthwith send out his warrants,
directed to the selectmen or assessors of each town or district within
this province, requiring them, respectively, to assess the sum hereby
set upon such town or district, in manner following ; that is to say, to
assess all ratable male polls above the age of sixteen years, at ten shil-
lings the poll (except the governour and lieutenant-governour and their
familys, the president, fellows and students of Harvard Colledge, setled
ministers and grammar-school masters, who are hereby exempted as
well from being taxed for their polls, as for their estates being in their
own hand and under their actual management and improvement) ; and
other persons in any town, if such there be, who, through age, infirmity
or extrcam poverty, in the judgement of the assessors, are not capable
to pay towards publick charges, they may except their polls and so
much of their estate as, in their prudence, they shall think and judge
meet, and all estates both real and personal, lying within the limits and
bounds of such town or district, or next mito the same, not paying
elsewhere, in whose hand, tenure, occupation or possession soever the
same is or shall be found ; and income by any trade or faculty which
any person or persons (except as before excepted) do or shall exercise
in gaining, by moneys or other estate not particularly otherwise assest,
or commissions of profit in their improvement, according to their under-
standing and cunning, at one penny on the pound ; and to abate or
multiply the same, if need be, so as to make up the sum hereby set and
ordered for such town or district to pay ; and in maldng their assess-
ment, to estimate houses and lands at six years' income of the yearly
rents whereat they may be reasonably set or lett for in the places Avhere
they lye : saving all contracts betwixt landlord and tenant (and where
no such contract is, the landlord to re-imbui'se the one-halfe of the tax
set upon such houses and lands) ; and to estimate Indian, negro and
molatto servants proportionably, as other personal estate, according to
their sound judgement and discretion; also to estimate every ox of four
years old and upwards, at forty shillings ; every cow of three years old
and upwards, at thirty shillings ; every horse and mare of three years
old and upwards, at forty shillings ; every swine of one year old and
upwards, at eight shillings ; and every sheep of one year old and up-
wards, at four shillings ; likewise requireing the assessors to make a fair

[1st Sess.] Province Laws. — 1713-14. 715

list of the said assessment, setting fortli, in distinct columns, against
each particular person's name, how much he or she is assessed at for
polls, and how much for houses and lands, and how much for personal
estate and income by trade or faculty ; and the list or lists, so perfected
and signed by them or the major part of them, to committ to the col-
lector, constable or constables of such town or district ; and to return
a certificate of the name or names of such collector, constable or con-
stables, together wnth the sum total to each of them respectively com-
mitted, luito himselfe, some time before the last day of August next.

[Sect. 3.] And the treasurer for the time being, upon the receipt
of such certificate, is hereby impowred and ordered to issue forth his
warrants, to the collectors, constable or constables of such town or dis-
trict, requireing him or them, respectively, to collect the one-halfe of
each respective sum, assessed on each particular person, before the last
day of November next ; and of the inhabitants of the to^vn of Boston,
to collect their proportion some time in the month of September fore-
going ; and to pay in their collections, and issue the accounts of their
first halfe, at or before the last day of November aforesaid, only for
Boston, at or before the last day of September aforesaid ; and to col-
lect the other halfe of each particular person's assessment, and pay in
the same to the treasury, and issue the accompts of the whole, with
himselfe or the treasurer for the time being, at or before the last day of
May, which Avill be in the year of our Lord one thousand seven hun-
dred and fourteen.

And be it further enacted by the authority aforesaid,

[Sect. 4.] That the assessors of each town and district, respec-
tively, in convenient time before their making the assessment, shall give
seasonable warning to the inhabitants, in a town meeting, or by post-
ing up notifications in some place or places in such town or district,
or otherwise to notify the inhabitants to give or bring in to the said
assessors true and perfect lists of their polls and ratable estate; and if
any person or persons shall neglect or refuse so to do, or bring in a
false list, it shall be lawfull to and for the assessors to assess such per-
son or persons, according to their known ability within such town, in
their sound judgement and discretion, their due proportion to this tax,
as near as they can, according to the rules herein given, imder the pen-
alty of twenty shillings for each person that shall be convicted by legal
proofe, in the judgement of the assessors, of bringing in a false bill:
the said fine to be for the use of the poor of such town or district where
the deUnquent lives ; to be levyed by warrant from the assessors,
directed to the collector or constable, in manner as is directed for gath-
ering of town assessments, and to be paid in to the town treasurer or
the selectmen, for the use aforesaid : saving to the party agrieved at
the judgement of the assessors, in setting of such fine, liberty of appeal
therefrom to the court of general sessions of the peace within the county,
for relief, as in case of being overrated.

[Sect. 5.] And if the party be not convicted of any falseness in the
list by him presented, of polls, ratable estate and income by any trade
or faculty which he doth or shall exercise in gaining, by money or
other estate not particularly otherwise assessed, such list shall be a rule
for such person's proportion to the tax, which the assessors may not
exceed. [Passed June 17 ; published June 22.

716 Province Laws.— 1713-14. [Chap. 2.]

CHAPTER 2.

AN ACT GRANTING UNTO HER MAJESTY AN EXCISE UPON WINES,
LIQUORS, AND OTHER STRONG DRINK SOLD BY RETAIL.

We, her majesty's loyal and dutiful subjects, the representatives of
the province of Massachusetts Bay, in general court assembled, consid-
ering the present debt of the province, and the charge for the support
of the government, the necessary defence of her majesty's subjects and
interests, and for drawing in the bills of publick credit issued for the
service of the government, have cheerfully and unanimously given and
granted, and do hereby give and grant unto her most excellent majesty,
for the ends and uses afore enumerated, and no other, an excise vxpon
all wines, brandy, rhum, and other spirits, beer, ale, cyder, perry, mead,
metheglin, or mixt drink Avhatsoever, sold by retail within this prov-
ince, to be levyed, raised, collected and paid by and upon the several
taverners, inholders, common victuallers and retailers within each
respective county, in manner and proportion following, for one year
next coming, from the twenty-ninth day of June, in this present year
one thousand seven hundred and thirteen ; that is to say, —

For and within the county of Suffolk, six hundred

pounds, ........

For and within the county of Essex, three hundred

twenty-three pounds, .....
For and within the county of Middlesex, one hundred

seventy-five pounds,

For and within the county of Plymouth, fifty-two

pounds, _

For and Avithin the county of Barnstable, forty-nine

pounds, ........

For and within the county of Bristol, fifty pounds.
For and within the county of Hampshire, twenty

pounds,

For and Avithin the county of Yorke, seventeen pounds,
For and within Dukes County, fourteen pounds, .

£1,300 Os. Od.

And pray that it may be enacted, —

And be it accordingly enacted by His Excellency the Governour^
Council and Assembly in General Court^ and by the authority of the
same,

[Sect, 1.] That the aforesaid excise, amounting to the sum of
thirteen hundred pounds, shall, by the justices of the respective courts
of general sessions of the peace, at their first court after the twenty-
ninth day of June, in this present year one thousand seven hundred
and thirteen, according to the time prefixed and stated by law for
holding the same, or at their next meeting upon the adjournment of
any court before holden, be levied, laid and duely apportioned, accord-
ing to their good discretion, to and upon the several taverners, inhold-
ers, common victuallers and retailers within their county, in proportion
to the sum set for such county to pay as aforesaid ; and that, before the
granting or renewing of licences, the justices do advise, consider and
determine what part and how much of the said sum shall be levyed on
and paid by each person to whom licence shall be granted, for his
draught, having a regard to the several rates and dutys mentioned in
the act for excise made and passed in the year one thousand seven hun-
dred and three, which is hereby revived and to be in force as to the

, £600

Os.

Oc?.

. 323

. 175

49
50

0
0

, 17

0
0
0

[1st Sess.] Province Laws. — 1713-14. 717

excise to be paid by taverners, inholders, common victuallers and
retailers, any law, usage or custom to the contrary notwithstanding.

[Sect. 2.] And the said justices shall cause every person and per-
sons so licensed to enter into recognizance to her majesty, with one or
more sufficient sureties, before one or more of the justices of such
court, well and truely to pay the sum set and apj^ortioned upon them,
as aforesaid, to the treasurer and receiver-general of the province, by
two even and equal payments, before the full expiration of each halfe of
the said year, before they receive their licences out of the clerk's office.

[Sect. 3.] And the clerk shall transmit to the treasurer a list of
the names of all the persons licenced, and the sums they are respec-
tively to pay.

[Sect. 4.] And the justices of the respective courts aforementioned,
in granting of licences as aforesaid, are to attend the several directions
of the law entituled "An Act against intemjDcrance, immorality and ini-12, chap. o.
prophaness, and for reformation of manners," excej^t what is otherwise
directed to and altered in this act : provided^

[Sect. 5.] That this act shall continue in force for the space of one
year from the 29th of June, 1713, and no longer. \Passed June 19;
'published June 22.

CHAPTER 3.

AN ACT FOR REVIVING AND FURTHER CONTINUEING THE ACT GRANTING
UNTO HER MAJESTY SEVERAL RATES AND DUTIES OF IMPOST AND
TUNNAGE OF SHIPPING.

Whereas the act entituled "An Act granting unto her majesty sev- 1703-4, chap. 4.
eral rates and dutys of impost and tunnage of shijDping," made and
pass'd in the second year of her present majesty's reign, and since by
several acts revived, is now near exi^iring, —

JBe it therefore enacted by His Excellency the Governoia% Council and
Jlejyreseiitatives in General Court assembled, and by the authority of
the same,

That the said act and all and singular the paragraphs, articles, mat-
ters and things contained therein be and hereby are revived and further
continued in force, to be practised, exercised and put in execution until
the tAventy-ninth day of June, one thousand seven hundred and four-
teen, any proviso or limitation in the said act notwithstanding.
\_Passed June 19 ; published June 22.

CHAPTER 4.

AN ACT IN ADDITION TO THE ACT FOR REGULATING FEES, MADE AND
PASSED IN THE FOURTH YEAR OF THE REIGN OF KING WILLIAM AND
QUEEN MARY.

Whereas the publick notary's office is not mentioned in the said 1692-3, chap. 37.
act, and has hitherto been under no regulation as to fees, but wholly
at pleasure, —

Be it enacted by His Excellency the Governour, Council and Mepresent-
atives note in General Court assembled, and by the authority of the same^

That the fees to be demanded and taken in the said publick notary's
office for the particulars following, be as herein expressed, and no

718

Province Laws. — 1713-14.

[Chap. 4.]

Protest.
Certificate.

Eegistering.

Attestation.

higher, under the penalty in the afore recited act mentioned ; that is

to say, —

For drawing and making a protest, six shillings, .

For every certificate under the seal of the office, four
shillings, ' •

For entring and registring protests, and other writings
for the first page, twelvepence; and for so many
pages more as it shall contain, eightpence a page ;
accounting after the rate of twenty-eight lines, of
eight words in a line, to each page, and proportiona-
bly for so much more as shall be imder a page ; and
sixpence for each attestation on the original.

[Passed June 19 ; published June 22.

£0 6s. Od.

0 4 0

[2d Sess.] Province Laws. — 1713-14. 7 19

ACT

Passed at the Session begun and held at Boston,
ON the Fifth day of August, A.D. 17 13.

CHAPTER 5.

AN ACT FOR HOLDING SPECIAL COURTS OF ASSIZE, AND GENERAL GOAL

DELIVERY.

"Whereas the time set for holding a superiour court of judicature,
court of assize and general goal delivery, in the respective counties,
according to the present establishment is but once in six months in and
for any county, and in some counties but once in twelve months ; by
reason of which distance of time persons guilty of murder may avoid
justice, either by making their escape, or by the death of the witnesses,
or otherwise great charge may arise by long keeping such criminals in
prison, and great loss and damage be occasioned to the witnesses being-
long detained till the coming of the court, especially if they are not
inhabitants or are sea-faring men ; for prevention of which mischiefs
and inconveniencies, —

Be it enacted by His Excellency the Goveryiour, Council and Rep-
resentatives in General Court assemhled^ and by the authority of the
same,

That it shall be lawful to and for the governour for the time being, A special court
by and with the advice and consent of the council, upon any extraordi- general gaoi^
nary occasion and emergency, as aforesaid, by a precept directed to the delivery,
justices of the court of assize and general goal delivery, to order and
appoint them to hold a special court as soon as may be, for the tryal of
any such capital offender or offenders ; and to cause venires to be issued
[/br^/i] for the summoning of jurors for such court, out of the several
towns, as usual for the stated courts ; and to make out all other neces-
sary processes, and do what else shall be requisite, according to the
powers given them in and by the act for establishing a superiour court
of judicature, court of assize and general goal delivery. \_Passed
August 8 ; published August 13.

720

Province Laws. — 1713-14. [Chaps. 6,7.]

ACTS

Passed at the Session begun and held at Boston,
ON THE Fourteenth day of October, A.D. 17 13.

Penalty.

Guns to be
seized.

CHAPTER 6.

AN ACT TO PROHIBIT SHOOTING OR FIRING OFF GUNS NEAR THE ROAD
OR HIGHWAY ON BOSTON NECK.

Whereas the limbs and lives of several persons have been greatly
endangered, in riding over Boston Neck, by their horses throwing of
them, being affrighted, and starting at the firing of guns by gunners
that frequent there after game ; for preventing whereof for the future, —

Be it enacted hy His Excellency the Governour, Council and Repre-
sentatives in General Court assembled., and hy the authority of the same,

[Sect. 1.] That no person or persons, from and after the publication
of this act, may presume to discharge or fire off any gun upon Boston
Neck, within ten rods of the road or highway leading over the same,
on pain of forfeiting and paying the sum of twenty shillings for each
gun so fired or discharged, one moiety thereof to be to and for the use
of the poor in the said town of Boston, and the other moiety to him or
them that shall inform, complain and sue for the same ; to be recovered
before the court of general sessions of the peace within the county, or
before any one or more of her majesty's justices of the peace out of court.

[Sect. 2.] And, for the better conviction of persons offending
against this act, it shall be lawful, to and for any freeholder, to arrest
and take into custody any gun so fired off, and render the same to one
of the next justices in Boston, in order to its being produced at the
time of tryal. \_Passed October 23 ; published November 2.

CHAPTER 7.

AN ACT AGAINST HAWKERS, PEDLARS, AND PETTY CHAPMEN.

Whereas complaint is made of great hurt to and the decay of trade,
occasioned by hawkers, pedlars and petty chapmen passing to and fro
through the country to vend goods, wares and merchandizes, much of
which was probably obtained by robbery and stealing in the time of the
late great desolation by fire in the town of Boston (to the grievous
loss and oppression of her majesty's good subjects, suffei-ers in the said
calamity), and by frequent robberies and thefts since committed ; so
that divers men of trades, handycraft men and others, none of the best
fame, having left off the exercise of their trades and business, turn
hawkers, pedlars and petty chapmen ; for remedy of which mischief, —

[3d Sess.] Province Laws.— 1713-14. 721

Be it enacted hy His Excellency the Governour, Council and Hepre-
sentatives in General Court assembled, and by the authority of the same,

[Sect. 1.] That, from and after the first day of January next, no Penalty of
hawker, pedhir, petty chapman or other trading person, going from twenty pounds,
town to town, or other men's houses, and travelling, either on foot or
with horse, horses, or otherwise, carrying to sell or exposing to sale
any goods, Avares or merchandizes, be permitted or suffered within this
province, on pain of forfeiting the sum of twenty pounds for each of-
fence ; one moiety thereof to be to her majesty, to and for the support
of the government of this her majcstie's province, and the other moiety
to the person or persons that shall inform of any such offender or offen-
ders ; to be recovered by action, bill or complaint, in any of her majes-
tie's courts of record within this province : provided,

[Sect. 2.] This act shall continue in force for the space of three Limitations,
years next coming, and not afterwards. [^Passed November 5 ; pub-
lished November 14.

CHAPTER 8.

AN ACT IN ADDITION TO THE LAW OF THIS PROVINCE, ENTITULED "AN
ACT FOR HIGHWAYS," MADE IN THE FIFTH YEAR OF THE REIGN OF THE
LATE KING WILLIAM AND QUEEN MARY.

Whereas, in and by the said act, " The selectmen of each toicn re- 1693-4, chap. 6,
spectively xoithin this province, are thereby impowered by themselves or ^ *'
others, to lay out or cause to be laid out only such particidar and private
ways, as may be judged necessary for their respective towns / " and
whereas it may and does often happen that the lauds of particular per-
sons or proprietors may be and are so scituated and circumstanced as
to make or render a particular or private way, for the use of such per-
son or proprietor, of absolute necessity ; which is not provided for in
and by the said act, —

Be it therefore enacted by His Excellency the Governour, Council
and Representatives in General Court assembled, and by the authority
of the same,

[Sect. 1.] That the selectmen of each town, respectively, are here- Selectmen to
by impowred, by themselves or others whom they shall appoint, to lay lar o "pnvatc "'
out, or cause to be laid out, particular or private ways, between any of '^^]^\
the inhabitants or proprietors within their respective towns, as shall be '

thought necessary, to or for any and every original lot laid out, or to
be laid out, in and by any town or proprietors, so as no damage be done
to any particular person, or his propriety, without due recompence to
be made either by the town, if concerned, or such of the inhabitants or
proprietors who desire and reap the benefit of the same, as the select-
men and parties concerned may agree, or othei-rvise as shall be ordered
by the justices of the court of general sessions of the peace, as in and
by the said act is already directed and provided for.

And whereas it hath been (and may yet be) found by experience that
the selectmen of many towns within this province, through relation or
other interest, have so very much delayed and at other times absolutely
refused to lay out or cause to be laid out particular or private wayes, for
or within their several towns, when thereunto desired and the same
have been really necessary ; which hath been to the very gi'cat damage
and grievance of persons concerned, —

Be it therefore further enacted by the authority aforesaid,

[Sect. 2.] That when and so often as the selectmen of any of the Justices cm-
towns within this province, shall unreasonably delay or refuse to lay comnuttee^
91

722

Provincb Laws. — 1713-14.

[Chap. 9.]

lay out partic-
ular or private
ways.

Recompense.

out, or cause to be laid out, any such particular or private wayes as
aforesaid, to any such original lot or lots as aforesaid, being thereunto
desired by one or more of the inhabitants or proprietors of land within
their towns respectively, that then, and in such case, her majestie's
justices of the peace within the several counties of this province, at
any of their general sessions, may, and arc hereby impowred, by a com-
mittee whom they shall appoint, to lay out, or cause to be laid out,
such particular or private Avayes, within or for such town, or for or be-
tween any of the inhabitants thereof, to or for any such original lot or
lots, as aforesaid ; so as no damage be done to any particular person, in
his land or propriety, without due recompence to be made either by
the town, if it be of general benefit, otherwise by such of the inhabi-
tants as have the benefit of such particular or private way, as shall be
ordered by the justices, in their sessions as aforesaid, upon inquiry into
the same by a jury to be summoned for that purpose ; any law, usage
or custom to the contrary notwithstanding. [^Passed November 6.

Proviso.

CHAPTER 9.

AN ACT FOR DIVIDING OF THE TOWNSHIP OF MEDFIELD, AND ERECTING
A NEW TOWN THERE, BY THE NAME OF MEDWAY.

Whereas the lands of the township of Medfield, within the county
of Sufiblk, lye situate on Charles river ; to wit, on both sides of the
said river, being divided by the same ; and the town plat and principal
settlement, as also the meeting-house for the publick worship of God
being seated on the east side, for accommodation of the first and ancient
inhabitants, who are now much increased, many issued forth and set-
led on the west side of the river, to a competent number for a distinct
town of themselves, and labour under many hardships and difficulties,
by reason of separation by the river, to enjoy equal benefit and town
privileges with others their fellow-townsmen and neighbours, and have
therefore made application to the town, as also addressed this court, to
be made a distinct town ; committees appointed by this court, having
been upon the ground, viewed the same, and reported in their favour
for proper bounds to be set them, —

-Be it enacted by His Excellency the Governour^ Council and Repre-
sentatives in General Court assetnbled^ and by the authority of the same,

[Sect. 1.] That all those lands lying on the west side of Charles
river, now part of the township of Medfield, be erected and made into
a distinct and separate town, by the name of Medway, the river to be
the bounds betwixt tlie two towns ; and that the inhabitants of Med-
way have, use, exercise and enjoy, all such power[s] and privileges
which other towns have, and do by law use, exercise and enjoy : so
that they procure and settle a learned, orthodox minister, of good con-
versation among them, and make provision for an honourable support
and maintenance for him; and that, in order thereto, they be discharged
from further payment to the ministry in Medfield, from and after the
last day of February next.

Provided also, that all province and town taxes that are already
levied or granted, be collected and paid, and all town rights and coni-
mon undivided lands, remain to be divided among the interested, as ii
no separation had been made.

[Sect. 2.] And Mr. George Fairbanks, a principal inhabitant of the
said town of Medway, is hereby directed and impowred, to notify and
summon the inhabitants duly qualified for voters, to assemble and meet
together for the choosing of town officers to stand until the next
annual election, according to law. [Fassed October 24.

[3d Sess.] Province Laws. — 1713-14. 723

CHAPTER 10.

AN ACT TO PREVENT THE ANNOYING OR STOPPING UP OF HARBOURS AND
THE UNJUST TAKING OFF BALLAST FROM THE SHOAR[E].

Be it enacted by His Excellency the Governour^ Council and Repre-
sentatives in General Court assembled, and by the authority of the
same,

[Sect. 1.] That no master or commander of any ship or other Penaltyfor
vessel, coming from sea into any road, port or harbour within this fnto't^e har^^*
province, shall presume to unload or throw overboard any ballast or ^°'"' *'*'•
rubbish into such road, port or harbour, under the penalty of twenty
pounds ; and in the ballasting or unballasting any ship or other vessel,
there shall be a canvas or tarpolin, which shall reach from the ballast-
port or gunnel, to the lighter or boat, to prevent any part of the ballast
or rubbish filling into such port, road or harbour as aforesaid.

[Sect. 2.] Nor shall any such commander or master, as aforesaid, ?*"*'*y^''"'**''-
take olF any sort of ballast from any island, beach or any land, being the without leaye.
propriety of any town or of any particular person or persons within this
province, without leave first had and obtained from the selectmen of
such town, or the major part of them, or from such person or persons as
they shall entrust therewithal, or other the proprietor, under the penalty
of forty shillings, to be recovered before a justice of the peace: pro- Proviso.
vided, that this act shall not extend to the hindering any commander or
master of any ship or other vessel, after they are under sail, outward
bound, who find a necessity of taking in more ballast, to take the same
from oil' any island, beach or other land, as abovementioned, making
satisfaction therefor[e].

[Sect. 3.] The penalties arising by this act, to be one-half thereof ho?to"bldis-
for the use of the poor of the town where the offence is committed, the posed,
other half to the use and benefit of the informer. The penalty of
twenty pounds aforesaid, to be recovered by bill, plaint or information,
in any of her majesty's courts of record within the respective counties
where the offence shall be committed. \^jPassed November 6; pub-
lished November 14.

CHAPTER 11.

AN ACT FOR THE BETTER SECURING OF THE BILLS OF CREDIT ON THIS
PROVINCE FROM FORGERY AND CORRUPTION, AND FOR DRAWING IN"
THE TEN-SHILLING, AND THREE-AND-SIX-PENNY BILLS.

He it enacted by His Excellency the Governoicr, Council and Repre-
sentatives in General Court assembled, and by the authority of the
same,

[Sect. 1.] That any one who shall detect and convict any other Fifty pounds
person or persons, that shall have made a plate or press, wherewith to of'aD*y person
work off, forge or counterfeit, any of the bills of credit on this province, making a press,
or that shall have signed any bill made on such counterfeit plate, shall
be entitled to a reward of fifty pounds, to be paid out of the publick
treasury, by warrant from the governour, by and with the advice and
consent of the council, for every ])erson they shall detect and convict
to be guilty as aforesaid ; and shall be pardoned and indempnified, if
they have been concerned in the forgery.

[Sect. 2.] That any person or persons that first discovers any false Five pounds for
bill made on a new counterfeit plate, shall be entitled to a reward of ^^'^''^'^ °^

724

Province Laws.— 1713-14.

[Chap. 12.]

fiP^ ™f t^ °^ "■ ^^'^ pounds, to be paid out of the publick treasury, in manner as afore-
^^ ^ ^ ^' said.

And, forasmuch as discovery is lately made of the uttering of coun-
terfeit ten-shilling bills, and three-shillings-and-six-penny bills, made off
a false plate or plates, —

Be it further enacted by the authority aforesaid,

[Sect. 3.] That, from and after the publication of this act, all bills
of ten shillings, and three shillings and sixpence, be and hereby are
prohibited and forbidden to pass, or have any further currency ; but are
ordered to be brought into the treasury to be exchanged.

[Sect. 4.] And the treasurer for the time being is hereby directed
and empowred to exchange all the ten-shillings bills, and three-shilling-
and-six-penny bills, made off the true plates ordered by this court, for
the like sums in bills of other denomination and value in the treasury.
[JPassed Nomtnher 5 ; pxiblished Novemher 14.

Ten-shilling
and three-shil-
ling-and-six-
peuny bills
called ia.

CHAPTER 12.

AN ACT TO PROHIBIT THE EXPORTATION" OF CORN AND GRAIN, ETC
THE DISTILLING OF MOLOSSES.

AND

Whereas, by reason of the present scarcity of corn and gi-ain, and
the excessive rates and piices demanded for the same, the inhabitants
of this province, esjDccially the poor, are greatly streightned, and labour
of great difficulties to procure and obtain bread and other provisions for
the necessary support of themselves and fomilys, —

-Z?e it therefore enacted by His Excellency the Governour, Council
and Hepresentatives in General Court assembled., and by the authority
of the same,

[Sect. 1.} That, from and after the publication of this act, no wheat,
flower, bisquit, rye, barley, pease or Indian corn, shall be laden or put
into any ship or vessell, with intent to be transported and carried out of
this province, other and further than what shall be necessary for the
victualling of her majesty's ships of war, merchant ships, and vessells
(not to be carried to a market abroad), on pain of loseing and forfeiting
all such wheat, flower, bisquet, rye, barley, pease or Indian corn, laden
or put on board any ship or other vessells contrary to the true intent
and meaning of this act, or the value thereof; one moiety of the said
forfeiture to be to and for the use of the poor of the town from whence
the same shall be shipped, and the other moiety to him or them that
shall inforaie and sue for the same ; to be recovered in any of her majes-
ty's courts of record within this ja-ovince ; and that no ship or vessell
now in port, having any of the species of provisions before enumerated
now on board, to be exported for a market abroad, be cleared out until
the same be laid on shoar again : so, nevertheless, that this act shall not
be construed or understood to extend to the restraint of any species of
the provisions aforesaid for being shipt to be carried into the province
of New Hampshire, or into the province of Nova Scotia, or Acadia,
for the supi^ly of her majesty's subjects there, by and with the allow-
ance of the governour and council, an invoice or memoir of the quan-
titys, from time to time to be so shiped, to be first laid before them.

And be it further enacted by the authority aforesaid,

[Sect. 2.] That from and after the publication of this act, and dure-
ing the continuance of the same, no molosses shall be distilled and
drawn into spirits, that it may be used for brewing to save the ex-
pence of barley and malt ; on pain of loosing and forfeiting all spirits
that shall be drawn off" molosses, or the value thereof, one moiety of the
said, forfeiture to the use of the poor of the town where the same shall

[3d Sess.] Province Laws. — 1713-14. 725

be distilled, and the other moiety to him or them that shall inform and
sue for the same, to be recovei-ed in any of her majesty's comts of record
within this province ; this act not to extend to the distilling or draw-
ing oiF spirits of the faces or dreggs, made by the refineing of sugar, at
the refineing houses in Boston.
And be it further enacted by the authority aforesaid^
[Sect. 3.] That the naval officer for the time being, be and hereby
is directed and impowred to see to the due observance of this act.
Provided,

[Sect. 4.] This act shall continue and remain in force until the
twenty-fourth day of June, which shall be in the year of our Lord God
one thousand seven hundred and fourteen, and no longer. \_Passed
October 31 ; published November 2.

CHAPTER 1 3.

AN ACT FOR REGULATING THE TRADE WITH THE EASTERN INDIANS.

Whereas, the Indians within the eastern parts of this her majesty's
province, for some time past in actual hostility and rebellion, have lately
submitted themselves, anew recognized their subjection and obedience
to the crown of Great Britain, been received [^■?i]to her majesty's grace
and favour, and are dependent on this her majesty's government for
sujjplies of clothing and other necessarys ; to the intent, therefore,
they may be furnished therewith at moderate rates and prices, and not
be imposed on or cheated therein, so as to oblige them to a firm adher-
ence to her majesty's interest, and to prevent their being debauched by
drunkenness, and drawn into quarrells, —

Be it enacted by His Excellency the Governoicr, Council and Represent-
atives in Genercd Court assembled, and by the authority of the same,

[Sect. 1.] That from henceforth and until the end of the session of
the general assembly to be convened and held in May, 1714, it shall
and may be lawfull to and for the governour, with the advice and con-
sent of the council, to admit and allow such and so many particular
persons unconcerned in the government, as shall be thought fit and
convenient, to supply and trade with the eastern Indians, upon their
own accompts, under proper regulations, as the governour Avith the
advice and consent of the council shall direct and appoint, particularly
that they be restrained from giving, selling or trucking any strong
liquors to them.

And be it further enacted by the authority aforesaid,

[Sect. 2.] That no person or persons whatsoever, other than such
as shall be permitted and allowed by the governour and council as
aforesaid, may presume, directly or indirectly, to truck, barter, buy, sell,
deal or trade with any Indian or Indians, of the parts of this province
to the eastward of Piscataqua River, during the term aforesaid, on pain
that every person and persons so offending shall loose and forfeit the
sum of twenty pounds, and all the goods and merchandizes they shall
have been trading Avith and for, or the value thereof; one moiety of the
said forfeitures to be unto her majesty, for and towards the support of
the government within this her majesty's province, and the other moiety
to him or them that shall informe and sue for the same in any of her
majesty's courts of record within this province : so, nevertheless, that
this act shall not be understood or construed to extend to any person
or persons tradeing Avith any Indian or Indians, for their necessary
rehef, Avith provisions, Avhen the said Indians may accidentally come to
or visit any of the frontier or other tOAvns. [Passed November 10;
published November 14.

726

Province Laws. — 1713-14.

[Chap. 14.]

ACTS

Passed at the Session begun and held at Boston,
ON the Tenth day of February, A.D. 17 13-14.

Governor and
council to ap-
point commis-
sioaers.

CHAPTER 14.

AN ACT CONCERNING BANKRUPTS, AND FOR RELIEF OF THE CREDITORS
AGAINST SUCH PERSONS AS SHALL BECOME BANKRUPT.

Whereas merchants, shopkeepers, traders and others, that deal on
credit, or live by buying and selling, within this province, oftentimes
have, and may, either through adversity and losses, or through fraud
and deceit, become bankrupt, and not able to pay their just debts, to
the great hurt or damage of trade and commerce in general, and more
especially to the loss of the creditors of such bankrupt or failing persons,
occasioned also, very frequently, by one or more of the creditors of such
bankrupt securing the whole or the greatest part of their debt[s], to the
great injury and damage of the rest of the creditors ; for remedy
whereof, —

Be it declared ayid enacted by His Excellency the Governour^ Coun-
cil and Representatives in General Court assembled^ and by the
authority of the same^

[Sect. 1.] That if any merchant, shopkeeper or others, who practice
and get their living by trading, dealing, buying and selling, within this
province, shall absent himself from his usual dwelling, place of abode or
residence, by the space often days, or more, but upon some known and
just occasion or business ; or shall keep his shop or storehouse shut up,
or confine and conceal him-, her-, or themselves within his, her, or their
dwelling-house or lodging, other than in case of sickness, and with
intent to abscond and defeat his, or their creditors of their just debts ;
upon application and complaint thereof, made in writing, by two or
more of the creditors, on oath to the governour and council, they may
declare such person to be bankrupt ; and are hereby impowred to award
and issue forth a commission, under the seal of the province, directed to
three or more honest, skilful and discreet persons, being freeholders
within the province, as they shall think fit to appoint, who, by virtue of
this act, and the commission to them directed, as aforesaid, or the major
part of them, shall have full power and authority, by their discretion, to
take such order and direction with the goods, chattels, wares, merchan-
dizes, credits, tenements and lands, in fee simple, for life or term of
years, or other interest in lands of such failing or bankrupt debtor or
debtors, where the same can or may be found within this province,
either in his, her, or their own possession or tenure, or in the keeping,
possession, tenure or occupation of any other person or persons for his,
her, or their use, and cause the same to be searched, viewed and duly
apprized, to the best value, by deed or instruments indented, under the
apprlzers' hands, and registred in one of the courts of record within the

[4th Sess.] Province Laws.— 1713-14. 727

county, where such estate doth principally lye ; and to secure all such

estate, by taking it into their own hands and possession, or otherwise,

as they shall think fit ; and to make sale of the said lands, tenements,

goods and chattels of such bankrupt debtor, (necessary wearing apparel

and bedding always excepted), to the best advantage ; or otherwise to

order the same for the due satisfaction of the sevei'al creditors ; that is

to say, to every one of them a ratable part or portion, according to the

quantity of their several and respective debts. And every direction,

order, bargain and sale, made, done and executed by the persons so

authorized as aforesaid, or the major part of them, shall be good and

effectual in the law, to all intents and purposes against the debtor and

his, her, or their heirs : provided^ always^ —

And he it enacted by the authority aforesaid^

fSECT. 2."] That such commissioners, upon lawful or reasonable Commissioners
. . i"" Ti 11-1 Ti^ ^ • t t • 1 • 'O account,

request to them made by the bankrupt debtor, or bis, her or their heirs,

shall not only make a true declaration and accompt of the disposing,

employing and bestowing of his, her or their lands, tenements, goods,

chattels or credits, so paid and issued to his, her or their creditors, as

aforesaid, but shall also render and deliver all the overplus of the same,

if any there be, (necessary charges being first subducted), unto the

debtor, his or her heirs, executors, administrators or assigns.

[Sect. 3.] The commissioners to be allowed five shillings apiece Allowance.
per diem, and no more, for their service in sitting upon the said com-
mission.

And be it further enacted by the authority aforesaid,

[Sect. 4.] That the commissioners to be appointed as aforesaid, by Commissioners'
virtue of this act and the commission to them granted, shall have full
power and authority, or the major part of them, by such process, ways
or means as in their discretion they shall think convenient, to send for
and call before them the bankrupt debtor, and any others known, sup-
posed or reasonably suspected to be indebted to him or her, or to have
any of his, her or their goods, money or effects in their keeping or pos-
session, or knowing where any such are lodged, kept or concealed, and,
upon their appearance, to examine such debtor and other persons known
or suspected as aforesaid, upon their respective oaths (which they are
hereby impowred to administer), to make a full, true and certain dis-
covery and declaration of all and singular the money, goods, chattels,
credits, wares, raercliandizes, effects and things whatsoever belonging
to such debtor, as well in their own custody, use, occupation or posses-
sion, as in the keeping, use, occupation or possession of any other per-
son or persons Avhomsoever, and who those persons are, to the full of
their knowledge : the commissioners to proceed, notwithstanding the
default of a])2)earance of the bankrupt debtor, after due notice or sum-
mons served upon him or her.

[Sect. 5.] And if any such person or persons as is aforesaid do
deny or refuse to swear, or, upon examination under oath, do not
plainly and fully disclose and declare the whole truth concerning the
premisses whereof he or she shall be examined, it shall be lawful to and
for the said commissioners, or the major part of them, by warrant
under their hands and seals, to commit the party or parties so offending
as is aforesaid, to the common goal of the county, there to abide and
remain, without bail or mainprize, until he, she or they shall submit to
take their oath, and make a plain, true and full discovery of the whole
truth of their knowledge of and concerning the premisses.

And be it further enacted by the authority aforesaid,

[Sect. C] That in the execution of the commission and commis- To break open
sions to be granted by virtue of this act, it shall and may be lawful to °"*^*' °"
and for the commissioners therein named, or the major part of them,
or any other officer or officers, person or persons by them or the greater

728

Province Laws. — 1713-14.

[Chap. 14.]

Fraudulent
deeds;

— not to extend
to estates bona
fide disposed of
before.

Estate under
arrest to be
subject to dis-
tribution.

■ Time allowed
for foreign
. creditors.

"Proviso.

Debtor, upon a
fair discovery
and delivering
up his estate, to
I be discharged.

part of them to be deputed and appointed, by warrant or warrants
under their hands and seals, to break open the house or houses, cham-
bers, shops, closets, warehouses, doors, trunks or chests of the said
debtor, where such debtor or any of his goods or estate shall be or be
reputed to be, and to seize upon and secure the body, goods, chattels,
ready money, plate and other estate whatsoever of such debtor.
A)id be it further declared and enacted by the authority aforesaid,
[Sect. 7.] That all deeds, writings or instruments made or to be
made for the securing, alienating, conveying or making over any estate,
real or pei-sonal, by any person or persons whomsoever, being justly
indebted unto others, with design or intent to defraud and defeat his,
her or their creditors of their just debts, and without making good and
effectual provision that they be first paid out of the same, or the
proceeds thereof, shall be deemed and adjudged to be covenous and
fraudulent, and hereby are declared to be null and void, and of no
force to bar any creditor in the law for the recovery of his just debt
and satisfaction [for] [^from~\ the same : p^'ovided, alioays, that this act
shall not extend to any lands, tenements or hereditaments, or other
estate, bona fide granted, bargained and sold by any merchant, trader,
shopkeeper or dealer as aforesaid, before he bec[a][o]me bankrupt.
And be it further enacted by the authority aforesaid,
[Sect. 8.] That in case any one or more of the creditors of any
merchant, shopkeeper, trader or dealer as aforesaid, shall, with design
to obtain the whole or part of his, her or their debt, arrest or cause to
be arrested the person or estate of any such merchant, shopkeeper,
trader or dealer, and it appear, at any time Avithin three months after
such arrest or writ served, by representation, on oath, by two or more
of the creditors of such person so arrested or served Avith process, to
the governour and council, as before is directed in this act, that the
estate of such merchant, shopkeeper, &c., at the time of such arrest
was insolvent, and not capable of paying the just debts due from such
person, and he really failed or become bankrupt, the estate or security
so ai-rested or taken by such creditor or creditors, shall be still sub-
ject to a distribution ; and all process in the law, excejit for debts to
the crown, is hereby taken away, and such creditor or creditors, so
arresting, shall come in for no more than their proportion, according to
the direction in this act before provided.

And be it further enacted by the authority aforesaid,
[Sect. 9.] That if it shall appear to the commissioners to be
appointed as aforesaid, by the books, or otherAvise, of the said bank-
rupt, that any of the creditors of the said bankrupt are not inhabitants
within this province, but live beyond sea, or in other parts, the said
commissioners may and shall give and allow a reasonable time, not
exceeding tAvelve months, for the said creditors to send in their respec-
tive claims: excepting such foreign creditors have factors, agents or
attorny's Avithin this province : ^provided, ahcays, that the claims of
such foreign creditors be for debts contracted by such bankrui^t debtor
within the province aforesaid.

And be it further enacted by the authority aforesaid,
[Sect. 10.] That if it shall appear to the commissioners appointed
as aforesaid, that such bankrupt debtor, upon his or her examination
before them, hath been fair, just and honest in his declaration, discov-
ery and accorapts concerning, and the delivering up of, his or her estate,
according to the direction of this act, that then, and in all such cases,
the distribution made by the commissioners, as aforesaid (or the major
part of them), and a certificate thereof, under their hands, shall be a
, full and final discharge, unto the said bankrupt debtor, of and from all
his debts whatsoever, contracted before the time of taking such oath,
and may be pleaded accordingly.

[4th Sess.] Province Laws. — 1713-14. 729

[Sect. 11.] And the said commissioners, or the major part of them, Encouragement
with the consent of two-thirds of the creditors, in number and value, makrtTueoath.
of such bankinipt debtor, are hereby impowred, as an encouragement or
reward to such bankrupt debtor, who shall make true oath upon his or
her examination as aforesaid, besides wearing apparel and necessary-
bedding, already excepted in this act, to make an allowance out of the
[next] [ueet] proceeds of the said bankrupt debtor's estate and effects,
a sum not exceeding five pounds per cent : provided such allowance
exceed not fifty pounds in the whole.

And be it further enacted by the authority aforesaid.,

[Sect, 12.] That in case any bankrupt debtor, upon his or her Pe^lty for
examination upon oath before such commissioners, shall wilfully affirm, oath. ^ ^^^
assert, declare and depose any matter or thing falsely, and be thereof
duely convicted or attainted by law, such peijured bankrupt debtor as
aforesaid shall suffer the penalty ali-eady provided against wilful perjury
by the law of this province, any law, usage or custom to the contrary
notwithstanding.

[Sect. 13.] This act to continue in force for the tenn of three
years, and no more, from the publication thereof. [Passed Febniary 22 ;
pitblished February 27, 1713-14.

CHAPTER 15.

AN ACT IN ADDITION TO THE ACT FOR UPHOLDING AND REGULATING

OF MILLS.

Whereas it hath been found by experience that, when some persons
in this province have been at great cost and expence, for building of
mills serviceable for the publick good, and benefit of the town, or con-
siderable neighbourhood, in or near to which they have been erected,
that,* in raising a suitable head of water for that service, it hath some-
times so hapned that some small quantity of lands or meadows have
been thereby flowed and damnified, not belonging to the owner or
owners of such mill or mills, whereby several controversies and law-
suits have arisen ; for prevention whereof for the future, —

£e it therefore enacted by His Excellency the Governour^ Council and
Mepresentatives in General Court assembled., and by the authority of
the same.,

[Sect. 1.] That where any person or persons have already, or shall iniis built on
hereafter, set up any water-mill or mills, upon his or their own lands, o^nersforby
or with the consent of the proprietoi's of such lands, legally obtained, ^^^^^ consent,
whereupon such mill or mills is or shall be erected or built, that then ued.
such owner or owners shall have free liberty to continue and improve la^liien^^l?' ^
such pond, for their best advantage, without molestation.

[Sect. 2.] And if any person or persons find themselves agi-ieved Remedy for
and damnified in their propiiety of lands, by its being flowed by the land'^feing
owner or occupant of such mill[s] stopping or raising the water, that, 4 Me^^w)!*^'
in eveiy such case, the party so damnified in his propriety, [upon']
[making] application for relief to the court of general sessions of the
peace in the county Avhere such mills or pond is, the said court be and
hereby are impowered to issue out a Avarrant, directed to the sheriff of
the same county, to summon and impannel a jury of good and lawful
men, at the proper cost and charge of the owner or owners of such mill
or mills ; and the jury shall be sworn by a justice of [the] peace, to a
faithful, indifferent apprisal of the yearly damage done to [the] [any]
person complainant, by flowing his or their land as aforesaid.

* Sic.

730 Pkovince Laws.— 1713-14. [Chap. 16.]

[Sect. 3.] And the jurors' verdict, being returned by the hand of
the sheriff to the next court of quarter sessions of the county Avhere
such mill or pond is, being allowed and recorded, shall be a sufficient
bar against any action to be brought for any damages occasioned by
the flowing of any such lands as aforesaid : save, only, an action of
debt, which the complainant may bring for the recovery of such yearly
sum or sums of money, fi'om the owner or occupant of such mill, assest
as aforesaid, during the time of such flowing.

[Sect. 4.] But if the jury find no damage for the complainant,
then he or they to be at the cost of the jury, as shall be allowed by the
justices of the said court. [Passed February 22 ; published February
27, 1713-14.

CHAPTER 16.

AN ACT FOR THE BETTER REGULATION OF SWINE GOING AT LARGE; IN
ADDITION TO THE ACT FOIl THE REGULATING OF FENCES, CATTLE, &c.,
AND FOR THE EXPLANATION THEREOF.

JBe it enacted by Sis Excellency the Governour, Council and Hepre-
sentatives in General Court assembled, and by the authority of the same,
Town to choose [Sect. 1.] That every town or precinct within this province, at
to th°e°obs*erY- ^^^^^ annual meeting in March to chuse other town officers, shall chuse
ance of the two or more meet persons to see to the due obseiwance of the laws re-
swine, lating to swine, who shall be sworn, as other town officers, to the
Pe^naity for'not f'^it.hful and impartial discharge of their office ; and if any person so
serving. cliosen shall refuse to serve, or neglect his duty therein, he shall forfeit
and pay the sum of twenty shillings, to the use of the poor of the said
town ; and, upon his refusal, another shall forthwith be chosen in his
room, to be under the like penalty ; and so, till others shall accept the
said service.

[Sect. 2.] And every person, from time to time so chosen and

sworn to the said office, upon complaint made to him of any person or

persons, within his precinct neglecting or refusing to yoke and ring his

or their swine, as the law directs, shall give notice to him or them,

Fee for yoking forthwith, to cause his or their swine to be yoked and ringed ; and if

ringing. ^^^ owner or owners of them neglect or refuse to do it twenty-four

hours after notice given, then the said officer shall yoke and ring them,

and have twelvepence for each swine he shall so yoke and ring, besides

the sixpence per head, which the law allows him, for every swine found

unyoked and unringed.

Sixpence per f Sect. 3.") And further, the said officers are obliged to take their

head for swine '-,.,-' , . .' , , P ■, .

unyoked or un- Opportunity, scvcral times in the year, to pass through their precincts,
twelvepence *° ^^® whether the law be attended ; and for every swine that they
for both. shall find going at large, either unyoked or unringed, they may demand

and receive of the owner sixpence per head ; and for every sAvine that
is both unyoked and unringed, twelvepence. And if the owner of the
said swine refuseth to pay the said sums, then the said officer or officers
may impound them, and proceed with them as the law hath directed in
the case of impounding ; or sue for and recover the same, as is here-
after provided.
And be it further enacted by the authority aforesaid,
Swine going at [Sect. 4.] That, for the future, all swine going at large shall be
yoTed from the Sufficiently yoked, from the first of April to the last of October, yearly;
fhfiast ot^Oc^° ^^^ sufficiently ringed in the nose, all the year, so as to prevent dam-
tober, and age by their rooting.

n^ed au the And, to the intent all persons may know what a sufficient yoking
doth mean, —

[4th Sess.] Province Laws.— 1713-14. 731,

It is hereby declared,

[Sect. 5.] That no yoke shall be accounted sufficient, which is not ^ sufficient
the full depth of the swine's neck, above the neck, and half so much
below the neck ; and the sole or bottom of the yoke to be three times
so long as the breadth or thickness of the swine's neck.

[Sect. 6.] All penalties or forfeitures arising by virtue of this act, Penalties, how
may be recovered by action, bill, plaint or information, in any court
proper to try the same.

[Sect. 7.] This act to continue in force until the end of the ses- Limitation,
sion of this court in May, anno, [1716] \^one thousand seven hundred
and sixteen."] \_Passed February 24; published February 27, 1713-14.

Notes. — The engrossments of all the acts of this year are preserved, except of chapter 8; and
the follovvhig chapters were printed; viz., 4, 5, 6, 7, 8, 9, 10, 11, 14, 15 and 16.

No action appears to have been taken by the Privy Council upon the acts of this year. See
KOTES to 1707, anU.

Chap. 4. In England public notaries were officers of the civil law and were appointed by the
Archbishop of Canterbur3'; their appointment being, also, registered and subscribed by the
"clerk of the faculties" in chancery. Under the Colonial charter the Governor and Company
assumed the power of appointment, prescribed the form of oaths to be taken by them and fixed
their fees. Following this example, after the arrival of the Province charter, the (jlovernor and
Council appointed these officers until 1720, when, it appearing that a notary in Boston claimed
to act by virtue of the ecclesiastical commission, the House of Representatives asserted their
right, under the charter, to Join with the Governor and Council in the election of notaries,
which, after mature deliberation, was conceded, thus establishing the rule ever afterwards prac-
tised in the Province and the Commonwealth until, by the fourth article of amendment of tha
Constitution, in 1821, the appointing power was vested in the Governor and Council.

The following extracts, showing some of the facts above stated are inserted as appropriate to
this chapter: —

"July 20"' 1720. In the House of Representatives Julv 19, 1720, It appearing to this House,
That the Office of Notary Publick is not among those Enumerated in the I{o3-al Charter of this
Province, as reserved to be otherwise Appointed; Voted that a sufficient Number of suitable
Persons in proper Places; Viz, Two at Boston, One at Salem, One at Plimouth, One at New-
bury, One at Bristol, & One at Kittery be Elected by this Court to Discharge the said Office,
An3 that the Choice be made on Thursday next After Noon. In Council ; Read, & Voted that
the Consideration of the Matter of Publick Notary be refer'd to the Session of tiiis Court in
Autumn next. In the House of Represent'" Read & Non-Concur'd." — Council Jiecoj-ds, voU
XL, p. 22.

"July 21" 1720. A Message came up from the House of Represent"" by Oliver Noyes &
Henry Some rsbv Esq" with the Vote for Proceeding to y° Choice of Publick Notaries, And that
the House do insist on their said Vote." — Ibid., p. 2G.

"July 21*' 1720. A Message came up from the House b}' D' Clark &c, To Enquire Whether
the Board are ready to proceed to the Choice of publick Notaries.

In Council ; The several Votes relating to Publick Notarys were Read, And thereupon. Voted
that the Board insist on their Vote for Deferring the Consideration of the Choice of Publick
Notaries till the Fall Sessions, It being a Matter of Consequence, And the Method proposed for
Chusing being in a different Way from what has been practiced ever since the arrival of the
present Charter

A Message came up from the House of Represent"' by Elisha Cook and John Chandler Esq"
That the House propose to proceed to the Choice of Publick Notaries To Morrow at four a Clock
in the After Noon. And they desire the Board to join with them in the said Choice." — Ibid.,
pp. 2G. 27.

"July 22'"' 1720. A Jlessage came up from the House of Representatives by Cpt. John Fos-
ter and M' William Clark with a Vote for Chusing publick Notarys And that such Gentlemen
of the Board as are so minded may Joyn with them therein." — Ibid., p. 23.

"July 22'"i 1720. The Vote of the House of Hepresent'" for Chusing I'ublick Notarj's.
In Couricil; Read & Non-Concur'd; And Voted that the Board do adhere to their Vote pass'd
Yesterday, for the Reasons therein mentioned." — Ibid., j). 30.

"July 22'"' 1720. John Chandler Esq' John Stoddard Esq' and M' William Clark brought
up from the House of Representatives their Votes for Publick Notarys with a Message, To En-
quire Whether the Board would join with them in the said Choice, i'o which It was Answered,
That the Board did not at Present see Cause to Join therein." — Ibid., pp. 30, 31.

"Novem' O"" 1720. A Message came up from the House of Represent*" That j-ince the Hon*'*
Board did not see meet at their last Session to join with the House in the Choice of Publick
Notar3-s ( W""" is the undoubted Privilege of this Court,) But to deliberate on the Matter till this
Session, The House is now willing to proceed to a new Choice of those Officers, If the Board
shall see meet to join with them in it." — Ibid., p. 51.

" Novem' 10, 1720. A Message went down to the House of Represent'" by Benjamin Lvnde
& Jonathan Dowse Esq" That the Board have consider'd the IMessage from the Hon'''' House
yesterday relating to publick Notaries, And have determined to Join with them in the Choice of
Publick Notar^-s, To Morrow Morning at ten a Clock." — Ibid., p. 52.

" Novem' ll", 1720. A Message came up from tlie House of Beprcsent'" by William Dudley,
Esq' That the House is now ready to proceed to the Choice of Publick Notary's, If the Board
are disposed to Join with them in it.

A Message went down to the House of Representatives by Thomas Fitch Esq' That the Board
are now ready to Join with the House in the Choice of publick Notarys.

732 Province Laws.— 1713-14. [Notes.]

William Dudlej' & John Quincy Esq" brought up the Votes of the House of Represent'" for
Publick Notarys, W"^ being told with the Votes of the Board, Two Notarys were chosen for the
Town of Uobton, One for Saleuij One for Plimouth, One for Newbury, One for Bristol & One for
Kittery." — Jbid., p. 54.

"Noveni"' 11, 1720. The Secretary presented to his Excellencj' a List of the publick Notaries
elected (his Day by the Votes of the Council & Representatives, W"'' List his Excellency under-
writt & is as follows; Viz., — In Council, Novem'' 11, 1720, The following Persons were duly
elected bj' his Majesties Council & House of Representatives to be Publick Notarys in this
Province; Viz., —

M' Joseph Miller & M' Samuel Tyley, for the Town of Boston; Stephen Sewall Esq' for Sa-
lem; Josiah Cotton Esq' for Plimouth; M' Stephen Jaques for Newbury; Cpt. William Throop
for Bristol; & Cpt. William Pepperil for Kittery. Attest, J. Willard Secry.

I Consent to all these Publick Notaries E.xcepting Cpt. W'" Throop." — Ibid., p. 55.

"Decern' 15, 1720. A Memorial of Joseph Hiller & Samuel Tyley Publick Notar}'s in the
Town of Boston Shewing that they do with great ThankfLdness Acknowledge the Honour done
them by this Court in Electing them into the said Office, W='' they have been pleased to declare
to be the undoubted Right (given .by the Royal Charter) of the (ierxcral Assembly of this Prov-
ince, That therefore they take Liberty to inform this Ilon^^ Court That M' Joseph Marion of
Boston Scrivener"(as the}- are inform'd) takes upon him the Character & Acts as Publick Notary
for the Province, Under Pretence (as is commonly said) of a Commission from his Grace the
Archbishop of Canterbury To Exercise that Office wheresoever he shall reside, W'^ Proceedings
will not only be injurious to them, but also (as the}' humbly conceive,) derogatory to the Honour
& Authority of his Majesties Government of this Province, And therefore they humbly hope
that this Court will interpose & do therein as to their Wisdom & Justice shall seem fit, & as shall
be Agreable to the Royal Charter;

In^he House of Represent"^ Decern' 23, 1720. Read & Ordered That M' Joseph ]\Iarion be
Notified that he mav be heard before this House on the said Memorial To Morrow at nine a
Clock, If he desires it."—Jbid., pj). 120, 121.

" Decem' 17, 1720. The following Vote pass'd in Council yesterday, And came up from y«
House Concur'd with Amendm" w""" the Board Agreed to. And as amended is Enter'd below.

A Hearing being had this Day before the whole General Court upon the Memorial of Samuel
Tyley & Joseph Ililler two of the publick Notan's of & for this Province, being chosen & ap-
pointed thereto by the General Assembly, Setting forth That Joseph Marion of Boston Scrivener
claims the Office of a publick Notary & Acts as such by Vertue of a Commission from his Grace
the Arch Bishop of Canterbury, W''"' Commission was accordingh' produced & Read.

Resolved that by the Royal Charter of this Province granted by King William & Queen
Marj' of glorious Memory, The Nomination and Appointment of all Civil Officers within this
Province, (Excepting such the Election & Constitution whereof are by the said Charter reserved
to his Majesty or to the Governour or Commander in Chief of the Province) of Right appertains
to & is one of the undoubted Privileges of the Great & General Court or AssembI}' of the Prov-
ince, And that the Office of Publick Notary being not reserved to their said late Majestj's &
their Successors, The Nomination & Appointm' of Persons to that Office of Right & by Ver-
tue of the Royal Charter is vested in his Majesties Government of this Province & has been at
all Times so practiced ; And that for any Person or Persons within this Province to claim or Act
in the said Office without a Commission from this Government is contrary to & a Breach of the
Privileges of the Royal Charter, And that M' Joseph Marion be served with a Copy of this Re-
solve & be directed to Act no further as Notary Publick in this Province, Unless he be chosen
to that Office b}' this Court: — Consented to. Provided its not Contrary to an Act of Parliament.

In the House of Represent"" Ordered that a Copy of the Resolve relating to M' Ilillers & M'
Tyleys Memorial be transmitted to M' Agent Dummer with Directions to vindicate the Proceed-
ings of this Court in that Affair, If Occasion shall be.

In Council, Read & Concur'd; Consented to: Sam" Shute." — Ibid., pp. 125, 126.

Chap. 8. " June 22, 1727. In the House of Represent"" The following Question was put on
an Act or Law of this Province made and pass'd in the fifth Year of the Reign of King William
& Queen Mar}- Entitled an Act for High Ways Chap. X* & also upon one other Act or Law of
this Province made and pass'd in the twelfth Year of the Reign of Queen Ann, Entitled An Act
in Addition to the Law of this Province Entitled An Act for High Ways, made in the fifth Year
of the Reign of the late King William and Queen Mary Chop. VII ; * Viz, Whether the Justices
in General Sessions assembled after they have ordered a Jury (& such Jury is fairly & lawfully
chosen & impanel'd) to inquire into the Damage sustained by the laying out any High Way or
private or particular Way, can refuse to receive the Return or Verdict of such Jury, & order the
Payment of the Recompence accordingly ? It pass'd in the Negative & that the Law ought to
be so understood. In Council: Read." — Ibid., vol. XIII., p. 35-1.

Chap. 11. This act, as also chapters 5 and 6 of the acts of 1714, appears only by title in the
edition of the Province Laws published by direction of the Lords of Trade in 1724; and, although
all of these acts were printed in later American editions, as described in the note to chapter 8 of
the acts of 1704-5, the same memorandum was made against each in the English edition as was
made against the title of the chapter last named.

Chap. 14. " June 17"' 1G99. A Petition of the Merchants of Boston, praying that provision,
may be made in the Nature of a Statute of Bankrupt, or Some other way for the Inquiring after
& Distributing of the Estates of Traders and Dealers that Shall prove Insolvent, was read."-T-
Ibid.,vol. VII., p. 18.

Chap. 15. " Decern' 31, 1722. In the House of Represent"', the following questions were
put: —

1. Whether the Act of Februai-y lO"", 1713, hath not pointed out a sufficient remedy to per-

* So numbered in the edition of 1726.

[4th Sess.] Province Laws. — 1713-14. 733

sons injured in their property by mills' stopping or raising the water? And it pass'd in the
affirmative.

In Council, Read; And the Board concur with the resolution of the first question, provided it
be understood of small quantities of land or meadow: provided, also, it be not understood of
land drowned by stopping public rivers belonging to the Province." — IMd., vol. XL, 2>- 435.

Chap. 16. " Decern' 20, 1722. A Petition of Benjamin Smith of Taunton Shewing That
being liog Reve of the said Town for the last Year, lie sutfcrcd much in tlie Execution of that
Office, And Praying Liberty for Reviewing an Action referring to his said Oflice at the next In-
feriour Court at Bristol, and likewise that this Court would determine Whether his Oath is not a
good& lawful Evidence against Breachesofy" Acts relating to Swine, Though [he] be IIog-Reve,

In the House of Represent'" Read, And the Question being put (upon the Act tor better Reg-
ulating of Swine,) Whether the Officer or Hog Reve be a legal Evidence to Convict the Owner
of the Hogs, Notwithstanding his Receiving Benefit by the line or Forfeiture?

And It Pass'd in the Affirmative.

In Council J Read & Concur'd: — Consented to." — Ibid., vol. XL, p. 426.

The following resolves are referred to in subsequent acts : —

(a.) "June 16, 1713. The following Resolve, pass'd in the House of Represent'", Read &
Concur'd; Viz., —

Resolved that M^ Treasurer be & hereby is directed & impowered to issue forth & emit the
sum of Eight hundred sixty eight Pounds, of the Bills of publick Credit on this Province which
remain of the Fifteen thousand Pounds lodged with him to exchange for the Twenty-shilling
Bills, Dated in 1702, Called in by Order of this Court, & the further sum of Six thousand one
hundred & thirty two Pounds, of the Bills of publick Credit on this Province that are or shall
be received into the Treasury, In the whole the sum of Seven thousand Pounds; towards Pay-
ment of the publick Debts of the Province already contracted, & the further necessary Charge
for the Defence thereof; For supplying & subsisting the Forts, Garrisons & Forces raised &
employed within the same, & Wages arising for their Service; For the Payment of Grants, Sal-
aries & allowances made & to be made by this Court, according to such Draughts as, from time
to time, shall be made on him, by Warrant or Order of the Governor, by & with the Advice
& Consent of the Council. And the said Bills shall pass out of the Treasury, at the Value
therein expressed, equivalent to Money, & shall be taken & accepted, in all publick Pay-
[ments], at the Advance & after the Rate of Five Pounds per Cent, more; —

And that the Duties of Impost & Excise shall be a Fund & Security for the Repayment &
Drawing in the said Bills to the Treasury again, so far as that will reach.

And, as a further Fund & Security for the same For the Paj'ing of Soldiers' Wages, & for
defraying the further necessary growing Charge of the Province, the Defence of her Majesty's
Subjects & Interests within the same, & Support of the Government thereof. There be & hereby
is granted unto her most Excellent Majest}', to the Ends & Uses aforesaid, a Tax of Seven thou-
sand Pounds; to be levied upon Polls, & Estates both Real & Personal, within this Province,
according to such Rules & in such Proportion, upon the several Towns & Districts within the
same, as shall be agreed on & ordered by the Great & General Court or Assembly of this Prov-
ince, at their Session in Ma)', Anno, One thousand seven hundred & eighteen; To be paid into
the Treasury, Two thousand Pounds thereof, on or before the last Day of Novem' next after,
And the remaining Five thousand Pounds thereof, at or before the last Day of May, Anno, One
thousand seven hundred & nineteen.

Consented to: J.Dudley."
—Ibid., vol. IX., pp. 258-9.

(b.) " Nov. 6, 1713. The following Resolve, pass'd in the House of Repres'", Read &;
Concur'd; viz., —

Resolved that the Treasurer be & hereby is directed & impowered to issue forth & emit the
sum of Seven thousand Pounds, of the Bills of Credit on this Province that are or shall be re-
ceived into the Treasury, towards Paj'ment of the publick Debts of this Province already con-
tracted, & the further necessary Charge for the supplying & subsisting of Forts & Garrisons &
Forces raised & employed within the same, & Wages arising for their Sen'ice; For Payment of
Grants, Salaries & Allowances made & to be made by this Court, According to such Draughts
as shall, from time to time, be made upon him, by Warrant or Order of the Governor, by &
with the Advice & Consent of the Council. And the said Bills shall pass out of the Treasury,
at the Value therein expressed, equivalent to Money, & shall be taken & accepted, in all
publick Payments, & after the Rate of Five per Cent more; —

And that the Duties of Impost & Excise shall be a Fund & Security for the Repayment &
Drawing in the said Bills to the Treasury again, so far as that will reach.

And, as a further Fund & Security for the same, & for Defraying the further necessary grow-
ing Charge of the Province, & Support of the Government thereof. There be & hereby is Grant-
ed unto her most Excellent Majesty, for the Ends & Uses aforesaid, a Tax of Seven thousand
Pounds; Six thousand Pounds thereof to be levied on Polls, & Estates both Real & Personal,
within this Province, according to such Rules & in such Proportions, upon the several Towns &
Districts within the same, as shall be agreed on & ordered by the Great & General Court or As-
sembly of this Province, at their Session in May, A7nio, 1718, And the other Thousand Pounds,
at their Session in May, 1719; To be paid into the Treasurer, Six thousand Pounds thereof, on
or before the last Day of May, 1719, & the other Thousand Pounds on or before the last Day of
Novem', next after. Consented to: J.Dudley."

—Ibid., p. 291.

ACTS,
Passed 1714.

1736]

ACTS

Passed at the Session begun and held at Boston,
ON the Twenty-Sixth day of May, A.D. 17 14.

CHAPTER 1.

AN ACT FOR REVIVING AND FURTHER CONTINUING SEVERAL RATES AND
DUTIES OF IMPOST AND TUNNAGE OF SHIPPING, GRANTED UNTO HER
MAJESTY BY AN ACT OF THIS COURT, MADE AND PASSED IN THE SEC-
OND YEAR OF HER PRESENT MAJESTY'S REIGN.

"Whereas, in and by the act entituled " An Act granting unto her 1703-4, chap. 4.
majesty several rates and duties of impost and tunnage of shipping,'*
made and passed in the second year of her present majesty's reign, and
since, by several acts, revived, is now near expiring ; wherefore, for and
towards the discharge and payment of the publick debts, and towards
the drawing in the bills of credit on the province, issued for the service
of the government, and making good the taxes and funds granted as
security for the same ; particularly of three thousand three hundi'ed
ninety-five pounds, in part of the tax of twenty-two thousand pounds
granted to be apportioned by this court in their present session, and
levied this year, which, with the duties of excise now laid, and the sum
of two thousand one hundred and five pounds, to be paid in for the
province galley and sloop, sold, is supposed will amount to five thou-
sand and five hundred pounds, and are hereby granted to her most ex-
cellent majesty, in lieu of five thousand and five hundred pounds of the
said tax of twenty-two thousand pounds, —

Be it enacted by His Excellency the Governour, Council and Hep-
resentatives in General Court assanbledy and by the authority of the
same^

That the several rates and duties of impost, upon all wines, liquors,
goods, AVares and merchandizes that shall be imported into this province
(salt, cotton-wool, provisions, and eveiy other thing of the growth and
product of New England excepted), and the powder duty iipon ship-
ping mentioned and enumerated in the aforesaid act, made and passed
in the second year of her present majesty's reign, be and hereby are
further granted unto her most excellent majesty, revived and continued^
to be paid by the importer, for the end and use aforesaid, from and after Limitation,
the nine-and-twcnticth day of June cuiTant, in this present year one
thousand seven hundred and fourteen, until the twenty-ninth day of
June, which will be in the year of our Lord one thousand seven hun-
dred and fifteen ; and that all and singular the directions, powers, pen-
alties, matters and things contained in the aforementioned act, relating
to the collecting [of] the said duties of impost and tunnage of shipping,
be and hereby are re-enacted and continued, to be practised, exei'cised
and put in execution accordingly, any proviso or limitation in the afore-
mentioned act notwithstanding. \_Passed June 22 ; published June 28.

738

Province Laws. — 1714.

[Chap. 2.]

CHAPTER 2

Limitation.

Justices to ap-
portion the ex-
cise:

—and to deter-
mine tlie sum
to be paid be-
fore the grant-
ing of licenses.

AN ACT GRANTING UNTO HER MAJESTY AN EXCISE UPON WINES, LIQ-
UORS AND OTHER STRONG DRINK, SOLD BY RETAIL.

We, her majesty's loyal and dutiful subjects, the representatives of
the province of the Massachusetts Bay, in general court assembled, con-
sidering the present debt of the province, and the charge for the sup-
port of the government, the necessary defence of her majesty's subjects
and interests, and for drawing in the bills of publick credit issued for
the service of the government ; particularly for drawing in three thou-
sand three hundred ninety-five pounds, in bills, in part of the tax of
twenty-two thousand pounds to be apportioned by this court and levied
this year ; have chearfully and unanimously given and granted, and do
hereby give and grant unto her most excellent majesty, for the ends
and uses afore enumerated, and no other, an excise upon all wines,
brandy, rum and other spirits, beer, ale, cyder, perry, mead, metheglin,
or mixt drink whatsoever, sold by retail within this province ; to be
levied, raised, collected and paid by and upon the several taverners, inn-
holders, common victuallers, coffee-house keepers and retailers, within
each respective county, in manner and proportion following, for one
year next coming, from the twenty-ninth day of June in this present
year one thousand seven hundred and fourteen ; that is to say, —

For and within the county of Suffolk, six hundred

pounds, ........

For and within the county of Essex, three hundred

twenty-three pounds, ......

For and within the county of Middlesex, one hundred

seventy-five pounds,

For and within the county of Plymouth, fifty-two

ppunds, ........

For and within the county of Barnstable, forty-nine

pounds, .

For and within the county of Bristol, fifty pounds.
For and within the county of Hampshire, twenty

pounds, ........

For and within the county of Yorke, seventeen pounds,
For and within Dukes county, fourteen pounds, .

In the whole thirteen hundred pounds,

And pray that it may be enacted, —

And be it accordingly enacted hy Sis Excellency the Governour,
Cou7icil and Assembly in General Court, and by the authority of the
same.,

[Sect. 1.] That the aforesaid excise, amounting to the sum of thir-
teen hundred pounds, shall, by the justices of the respective courts of
general sessions of the peace, at their first court after the twenty-ninth
day of June, in this present year, one thousand seven hundred and four-
teen, according to the time prefixed and stated by law for holding the
same, or at their next meeting upon the adjournment of any court before
holden, be levyed, laid and duely apportioned, according to their good
discretion, to and upon the several taverners, innholders, coffee-house
keepers, common victuallers and retailei-s, within their county, in pro-
portion to the sum set for such county to pay as aforesaid ; and that
before the granting or renewing of licenses, the justices do advise, con-
sider and determine what part and how much of the said sum shall be

. £600
1

05.

, OdT.

323

. 175

\ 49
50

0
0

> 17
14

0
0
0

£1,300

05.

0(?.

[1st Sess.] Province Laws. — 1714. 73.9

levied on and paid by each person to whom Hcense shall be granted, for

his draught ; having a regard to the several rates and duties mentioned

in the act for excise, made and passed in the year one thousand seven

hundred and three, which is hei'eby revived and to be in force, as to the Revival of the

excise to be paid by taverners, innholders, common victuallers and no^irorj^"^' "'^'

retailers ; any law, usage or custom to the contrary notwithstanding.

[Sect. 2.] And the said justices shall cause every person and per- Licensed per-
sons so licensed, to enter into recognizance to her majesty, with one or fnro ,- "eo"|fi!:
more sufficient sureties, before one or more of the justices of such court, zance to pay the
well and truly to pay the sum set and apportioned upon them, as afore- ^^"'''^'
said, to the treasurer and receiver-general of the province, by two even
and equal payments, before the full expiration of each half of the said
year, before they receive their licenses out of the clerk's office ; and the List to be trans-
clerlc shall transmit to the treasurer a list of the names of all the persons treasurer. *'*^
licensed, and the sums they are respectively to pay.

And be it further enacted by the authority aforesaid^

[Sect. 3.] That no person shall presume to keep a coffee-house, for Cofree-honses
the selling coffee, tea, chocolate, or any distilled liquors, but who shall and pu't under
be licensed in such manner as is provided in and by the law for persons regulation,
admitted as taverners, or innholders ; and such coffee-houses, shall be
liable to the same inspections and regulations, with respect to good
orders and paying an excise, as all publick houses of entertainment are.

[Sect. 4.] And the justices of the respective courts aforementioned,
in granting of licenses, as aforesaid, are to attend the several directions Justices' direc-
of the law entituled "An act against intemperance, immorality and 1711-12, chap. 6.
prophaneness, and for reformation of manners," except what is otherw^ise
directed to and altered in this act : provided,

[Sect, 5.] That this act shall continue in force for the space of one Limitation,
year, from the twenty-ninth day of this instant June, one thousand
seven hundred and fourteen, and no longer. \_Passed June 17 ; pub-
lished June 28.

CHAPTER 3.

AN ACT TO PREVENT CAUSELESS ARRESTS, &o.

Be it enacted by Sis Excellency the Governour, Council and Hepre^
sentatives in General Court assembled, and by the authority of the
same,

[Sect. 1.] That every person, principal or attorney, executor or Writs to be en-
administrator, taking out a writ or attachment against another, before s Mass's'. 451.
he receive it out of the clerk's office, shall endorse his sirname on the
back thereof towards the bottom; and shall stand chargeable and be
lyable to answer and pay to the adverse party his cost[s] arising by the
arrest, and charge of imprisonment (if any be), to be taxed, in common
form, by the judges of the court where the writ is i-etumable, in case of
non-prosecution, discontinuance, or that the plaintiff be nonsuit, or
judgment pass against him ; to be levyed on the principal, the executor,
administrator or attorney that endorsed or took out such writ, if the
principal be without the province, or be unable to pay the same.

[Sect. 2.] And no person shall entertain more than two of the No person tc
sworn, allowed attorncys-at-law, that the adverse party may have tha^two attor-
liberty to retain others of them to assist him, upon his tender of the "^J'^-
esta])lished fee, which they may not refuse.

And he it further enacted by the authority aforesaid,

[Sect. 3.] That if 1?he plaintiff in any action suffer a nonsuit, through Attomev's mis-
the default, negligence or omission of his attorney that drew the writ, tion"to draw »

740

Province Laws. — 1714.

[Chaps. 4, 5.]

new writ with-
out a fee.

being an attomey-at-law, practising and legally admitted in the courts
of law within this province, by mislaying of the action, or otherwise,
such attorney shall draw a new writ, without a fee, in case the plaintiff
see cause to revive his suit. \_Passed June 19 ; 2^ublished June 28.

CHAPTER 4.

AN ACT ENLARGING THE PAY OF THE REPRESENTATIVES.

Whereas the allowance by law granted to the representatives of the

i692-3,cli. 38, §4. several towns, for their service in attending of the great and general

court or assembly, as by law established, is only three shillings per

diem a man, which is not sufficient to answer the charge of their travel

and necessary expence, —

J^e it therefore enacted hy His Excellency the Governoiir, Council
and Representatives in General Court assembled, and hy the author'ity
of the same,

That, from the beginning of this present session, and ever after, until
this court shall order otherwise, there be paid by each town, respec-
tively, four shillings, in money, j!?e/*f?iem, to each of their representatives,
during their attendance on the court, and for the necessary time ex-
pended in their journeying to and from thence ; to be paid within one
month next after the end of each session respectively ; any law, usage
or custom to the contrary notwithstanding. \Passed June 25 ; pub-
lished June 28.

Four shillings
per diem to
each represent
atire.

CHAPTER 5.

AN ACT FOR A NEW IMPRESSION OF THE BILLS OF CREDIT ON THIS

PROVINCE.

New plates or-
dered.

Committee.

Forty thousand
pounds ordered
to be imprinted
and delivered to
the treasurer ;

— to be issued
for drawing in
and exchang-

J3e it enacted hy His Excellency the Governour, Council and Repre-
sentatives in General Court assembled, and hy the authority of the
same,

[Sect. 1.] That all the bills of credit hereafter to be made, be im-
printed and stamped on the new plates ordered to be provided and
made ready, there being two already prepared, and a third, of a larger
denomination, hereby projected and directed to be engraven for that
purpose ; to consist of five-pounds, three-pounds, forty-shilling and
thirty-shilling bills ; and that the committee of this court ; namely,
Elisha Hutchinson, Samuel Sewall, Penn Townsend, John Clark[e],
Addington Davenport, and Samuel Checkley, Esqrs., who signed the
last bills of credit that were imprinted, or any four of them, be and
hereby are impowred and directed to oause to be imprinted the sum of
forty thousand pounds, in bills off the said new plates ; that is to say,
thirty thousand pounds off the plate of the highest denomination, and
ten thousand pounds off the middle plate of twenty shillings, ten shil-
lings, five shillings and three shillings ; to be signed by four of the said
committee, numbred, perfected and delivered unto the province treas-
urer, taking his receipt for the same, and delivering it to the clerk of
the house of representatives, taking his receipt for their discharge, who
is hereby directed to give the same ; and that he be obliged to enter
them in a folio by themselves in the book of entries, and keep them on
a file, that recourse may be had thereto as there be occasion : the said
bills to be Issued by the said treasurer for the drawing in and exchang-

[1st Sess.] Province Laws. — 1714. 741

iug of the like sum in the bills ordered by this court to be called in, and jng a like sum
others that are defaced, Avorn and rendred of no further service, in dorcdtobe"'
passing from man to man ; and that the said committee be paid for their caUed in.
service, in signing, numbring and perfecting the said new bills, the sum iQ^^^^e^^'^ '''^"
of six pounds three shillings for every thousand bills so signed and pei--
fected by them.

And be it further enacted hy the authority aforesaid,

[Sect. 2.1 That the fifty-shilling and twenty-shilling bills, as well The fifty-sini-
as the ten-shilling and three-shilling-and-sixpeuny bills, already ordered, siiiuing, teu-
be called in and exchanged for other bills as soon as a convenient num- fj'iiiing and
ber can be made ready tor that purpose ; and that all torn, hned or sixpenny bills
jDasted bills, or otherwise defaced, be brought into the treasury and ^*^^^^ '"•
exchanged for other bills, so soon as they can be prepai'ed.

And farther it is enacted,

[Sect. 3.] That none of the bills of the new impression be lined. The bills of the
pasted or covered on the back ; and all so lined, pasted or covered are fh^ siuiirbe^*'"
hereby strictly prohibited and forbidden to be uttered and pass from ^^'^e^> P,^i*''u-i"'
man to man, that so any forgery or counterfeit may be the more clearly den to pass.
discovered.

[Sect. 4.] And that all false and counterfeited bills of credit on this False andcoim-
province, and such as the figures and sums therein have been or shall be^odgediuthe
be altered and increased, be brought to and lodged in the treasurer's treasurer's
office, or to one of her majesty's justices of the peace; who is hereby
directed and impowered to inquire after the person that made such
alteration, and to secure him, if to be found, for tryal, and to transmit
such bills to the treasurer, with the person's name, of whom, and the
time when received, \_and'] endorsed on every such bill, that this court
may take such order therein as they shall think fit. \_I*assed June 25 ;
published June 28.

CHAPTER 6.

AN ACT FOR THE MORE EFFECTUAL PREVENTING THE CORRUPTION AND
COUNTERFEITING THE BILLS OF CREDIT ON THIS PROVINCE.

He it enacted by His Excellency the Governour, Council and Hepre-
sentatives in General Court assembled, and by the authority of the
same.

That every person convicted of falsifying, forging or counterfeiting A second con.
any of the bills of credit on this province, or of augmenting, altering or feion^^! ^^^^
increasing the sum in any of the said bills, or of making a false and
counterfeit plate, and shall fall into the said transgression in any of the
particulars aforementioned a second time, and be thereof duely con-
victed, every such offender shall be deemed and adjudged a felon, and
sufier the pains of death, as in cases of felony ; any law, usage or custom
to the contrary notwithstanding. \_Passed June 24 ; publislied June 28.

CHAPTER 7

AN ACT FOR PRESERVING THE HARBOUR AT CAPE COD, AND REGULATING
THE INHABITANTS AND SOJOURNERS THERE.

Whereas the harbour at Cape Cod, being very useful and commo-
dious for fishing, and the sr.fety of shipping both inward and outward
bound is in danger of being damnifyed, if not made wholly unservice-

742 PitoviNCE Laws.— 1714. [Chap. 7.]

able, by destroying the trees standing on the said cape, if not timely
prevented ; the trees and bushes being of great service to keep the sand
from being driven into the harbour by the wind, —

JBe enacted by Sis Excellency the Governour^ Coimcil and Repre-
sentatives in General Court a^ssembled^ and by the authority of the
same,
Penalty for [Sect. 1.] That, froni and after the publication of this act, no per-

iug'phie'trees^' ^on or persons may presume to bark or box any pine tree or trees,
standing upon any of the province lands on the said cape, for the draw-
ing of turpentine, on pain of forfeiting and paying the sum often shil-
lings for each tree so barked or boxed, and the turpentine drawn from
them, if to be found; one moiety thereof to her majesty for the support
of her majesty's government within this province, and the other moiety
to him or them that shall inform or sue for the same in any of her
majesty's courts of record within this province.

And be it further enacted by the authority aforesaid,

The lauds on [Sect. 2.] That whereas a number of inhabitants are setled upon

a prec^ct"^^*^^ the said cape, and many others resort thither at certain seasons of the

year, to make fishing voyages there, which has not hitherto been under

the government of any town, or regulation among themselves, that

henceforth all the province lands on the said cape be a district or pre-

The inhabitants cinct, and the inhabitants there are obliged to procure and support a

ister^nd^aUow learned orthodox minister, of good conversation, to dispense the word

him sixty of God among them, and to allow him sixty pounds a year main-

pounds per .
annum. tenance.

And, for the better enabling them to raise and pay the said yearly
maintenance, with the assistance of such as sojourn among them at the
fishing seasons, and have the privilege of the audience with them, —
Re it further enacted,
Fishermen to [Sect. 3.] That all and every person and persons coming to abide
a we^^kjfermtn and sojourn there, on fishing or whaling voyages, during his and their
to the support continuance and abode there, shall pay fourpence a man, per week,
o e mims er. ^gg].|y^ ^^ j^g ^^^^ ^^ ^j^g master of the voyage or boat, for his whole
Collector. company, to Ebenezer Done, who is hereby appointed and impowered

to be the first collector and receiver of the said rate or duty, on behalf
and to the use of the minister of the precinct ; and, upon neglect or
refusal of any person or persons to make payment as aforesaid, to levy
the same by distress, by warrant to him directed from the next justice
Distress. of the peace ; such justice being also hereby impowered, upon com-

plaint to him made, to issue forth a warrant of distress accordingly,
rut under the [Sect. 4.] And the said district or precinct is hereby annexed and
Kuri!"^'"*^ put under the constablerick of Truro, until this court take further
order. And the selectmen or assessors of Truro are hereby directed
and impowered to assess and apportion on the inhabitants of the said
precinct, from time to time, such sum and so much as the duty, as
aforesaid laid upon the fishermen, shall fall short of makmg up sixty
pounds per annum for the minister, directed as aforesaid ; and to make
out a warrant, as the law directs, for the gathering of the said assess-
ment. [Fassed June 17 ; published June 28.

[1st Sess.] Province Laws. — 1714. 743

CHAPTER 8.

AN ACT FOR APPORTIONING AND ASSESSING TWO SEVERAL TAXES ON
POLLS AND ESTATES, PURSUANT TO THE FUNDS AND GRANTS MADE
TO HER MAJESTY BY THE GENERAL ASSEMBLY, AT THEIR SEVERAL
SESSIONS IN MAY AND OCTOBER, IN THE YEAR ONE THOUSAND SEVEN
HUNDRED AND TEN.

Whereas the great and general court or assembly of the province
of the Massachusetts Bay in New England, at their several sessions in
May and October, 1710, did make and pass two several grants of taxes
on polls and estates, as funds and security for the repayment and draw-
ing in several sums in the bills of credit on this province, ordered to be
imprinted, repeated and issued out of the publick treasury for the ser-
vice of the government : that is to say, at their session begun and held
the thirty-first day of May, one thousand seven hundred and ten, a
grant of eleven thousand pounds ;* and at their session begun and held
the eleventh day of October, one thousand seven hundred and ten, a
grant of eleven thousand pounds ;t making, in the whole, twenty-two
thousand pounds ; applied to the ends and uses in the said resi^ective
grants particularly enumerated- and expressed, and by the resolves of
the court that made the aforesaid grants, it was then ordered that the
said sum of twenty-two thousand pounds should be api^ortioned, assessed
and levied on polls, and estates both real and personal, within this
province, according to such rules and in such proportion, upon the sev-
eral towns and districts within the same, as should be agreed on and
ordered by this court in their present session ; wherefore, for the orderly
du-ecting and perfecting of the said two taxes, pursuant to the grants
made to his most excellent majesty, as afore herein recited, of twenty-
two thousand pounds, of which sum and in part thereof provision is
made to pay five thousand and five hundred pounds by the rates and
dutys of impost and tuunage of shipping, and excise upon wines, liquors
and other strong drink sold by retail, granted and laid by acts of this
court passed in the present session, and by the proceeds of the sale of
the province galley and sloop ; so that sixteen thousand and five hun-
dred pounds only, of the said twenty-two thousand pounds, remains
now to be apportioned and assessed, which is unanimously approved,
ratified and confirmed ; and we, her majesty's loyall and dutifull sub-
jects, the representatives in general court assembled, j)ray that it may
be enacted, —

A7id be it accordingly enacted hy Sis Excellency the Governour^
Council and Representatives in General Court assembled, and by the
authority of the same,

[Sect. 1.] That each town and district within this province be
assessed and pay, as such town's and district's proportion of the afore-
said sixteen thousand and five hundred pounds, the remainder of the
two several taxes hereinbefore mentioned, amounting in the whole to
twenty and two thousand pounds, the sum following ; that is to say, —

THE COUNTY OF SUFFOLK.

Boston, two thousand eight hundred and eighty

pounds, £2,880

Roxbury, two himdred twenty-eight pounds, . .
Dorchester, three hundred and thiiteen pounds ten

shillings, .........

Hingham, two hundred fifty-six pounds ten shillings, .
Braintree, two hundred twenty-eight pounds,
Dedham, with Needham, one hundred ninety-two

pounds seven shillings and threei^encc, . . . 192 7 3

* Notes to ino-11, resolve {a.), f Ihid., resolve (c).

,880 Qs.
228 0

Qd.
0

313 10
266 10
228 0

0
0
0

Province Laws. — 1714.

[Chap. 8.]

Medficld, including Medway, one liundred sixty-seven
pounds fifteen shillings and eightpence,

Weymouth, one hundred thirty-nine pounds,

Milton, ninety-nine pomids fourteen shillings and nine-
j^cnce, ........

Hull, fifty-seven pounds eight shillings,

Wrentham, fifty-five pounds five shillings and three-
pence, .........

Mendou, seventy-eight pounds seven shillings and six-
pence, .........

Woodstock, sixty-seven pounds thirteen shillings and
ninepence, ........

Brooklyn, eighty-one pounds eighteen shillings and
eightpence,

£167 15s. 8d
139 0 0

99 14

57 8

55 5 3

78 7 6

67 13 9

81 18 8

THE COUNTY OP ESSEX.

Salem, five hundred and eighty pounds, . . . 580 0 0

Ipswich, seven hundred and twelve pounds ten shillings, 712 10 0

Newbury, four hundred ninety-seven pounds fourteen

shillings, ' . . 497 14 0

Marblehead, two hundred seventy-seven pounds eigh-
teen shillings, 277 18 0

Lyn, two liundred thirty-five pounds two shillings, . 235 2 0

Andover, two hundred thirty pounds sixteen shillings

and sixpence, 230 16 6

Beverly, one hundred eighty-five pounds eighteen shil-
lings and ninepence, ....... 185 18 9

Rowley, one hundi'ed seventy-eight pounds three shil-
lings,. . 178 3 0

Salisbury, one hundred thirty-one pounds sixteen shil-
lings, 131 16 0

Haverhil, one hundred and fourteen pounds, . . 114 0 0

Glocester, one hundred forty-three pounds thirteen

shillings, . . . . • . . . . 143 13 0

Topsfield, one hundred twenty-eight pounds four shil-
lings and eightpence, ...... 128 4 8

Boxford, ninety-eight pounds thiiteen shillings and six-
pence, . . . . 98 13 6

Wenham, ninety-eight pounds six shillings and six-
pence, . . 98 6 6

Amesbury, one hundred and six pounds eighteen shil-
lings, 106 18 0

Bradford, eighty-nine pounds eleven shillings, . . 89 11 0

Manchester, thirty-two pounds fifteen shillings and six-
pence, 32 15 6

THE COtTNTY OP MIDDLESEX.

Charlestown, four hundred and twenty pounds seven
shillings, 420 7 0

Watertown, two hundred twenty-eight pounds one

shilling and fourpence, ...... 228 1 4

Weston, eighty ])ounds fifteen shillings and sixpence, . 80 15 6

Cambridge, one hundred eighty-four pounds seven shil-
lings and ninepence, ....... 184 7 9

Concord, two hundred thirty-nine pounds eight shil-
lings and tenpence, 239 8 10

Wobourn, two hundred thirty-seven pounds four shil-
lings and ninepence, 237 4 9

[1st Sess.]

Province Laws. — 1714.

745

Reading, one hundred eighty-one pounds six shillings

and threepence, ......

Sudbury, one hundred seventy-eight pounds sixteen

shillings and threepence, .....
Marlborough, one hundred seventy-eight pounds nine

shillings and fivepence,

Lexington, one hundred and two pounds five shillings

and sixpence, .......

Newtown, one hundred forty-two pounds sixteen shil

lings and ninepence, ......

Maiden, one hundred thirty-five pounds seven shillings

and twopence, .......

Chelmsford, one hundred and eighteen pounds nineteen

shillings and fourpence,

Billerica, one hundred and fifteen j)ounds one shilling

and one penny, .......

Sherbourn, eighty-one pounds ten shillings and seven

pence, .

Groton, forty-two pounds fifteen shillings, .
Lancaster, forty-four pounds seventeen shillings and

sixpence, ........

Franiingham, eighty-one pounds twelve shillings and

threepence, .......

Medford, forty-nine pounds seventeen shillings and

threepence, .......

Stow, forty-nine pounds seventeen shillings and three

pence, ........

Dunstable, fourteen pounds five shillings,

Dracut, seventeen pounds sixteen shillings and three

pence,

£181 65. 3f?.

178 IG 3

178 9 5

102 5 6

142 IG 9

135 7 2

118 19 4

115 1 1

81 10 7

42 15 0

44 17 6

81 12 3

49 17 3

14 5 0

17 16 3

THE COUNTY OF HAMPSHIEE,

Springfield, one hundred ninety-three pounds fifteen

shillings and sixpence, ...... 193 15 6

Northampton, one hundred forty-nine pounds twelve

shillings, 149 12 0

Hadley, one hundred and twelve pounds four shillings

and one penny, ........ 112 4 1

Hatfield, ninety-seven pounds four shillings and nine-
pence, 97 4 9

Westfield, eighty-five pounds nine shillings and nine-
pence, 85 9 9

Suftield, fifty-six pounds nineteen shillings and ten-
pence, 56 19 10

Enfield, forty-nine jDounds seventeen shillings and three-
pence, _ 49 17 3

Deei-field, thirty-five pounds twelve shillings and five-
pence, 35 12 5

THE COUNTY OF PLYMOUTH.

Plymouth, one hundred fifty-one pounds and eight

pence, 151 0 8

Plimpton, seventy-six pounds eighteen shillings and ten-
pence, . . . . . . . . . 76 18 10

Scituate, two hundred eighty-two pounds nine shillings

and tenpence, 282 9 10

Bridgewater, one hundred fifty-nine pounds three shil-
lings and elevenpence, ...... 159 3 11

746 Peoyince Laws.— 1714. [Chap. 8.]

Marshfield, one hundred forty-two pounds nine shil-
lings and eightpence, £142 9s. Sd.

Pembroke, fifty-four pounds seven shillings and three-
pence, 54 7 3

Duxbury, eighty-five pounds nineteen shillings and

eightpence, 85 19 8

Middleborough, seventy-eight pounds seven shillings

and fourpence, . . 78 7 4

Rochester, seventy-one pounds four shillings and nine-
pence, 71 4 9

Abington, seventeen pounds sixteen shillings and three-
pence, 17 16 3

THE COUNTT OF BARNSTABLE.

Barnstable, two hundred seventy pounds fourteen

shillings and threepence, 270 14 3

Eastham, one hundred forty-six pounds six shillings

and twopence, . 146 6 2

Truro, forty-six pounds nine shillings and tenpence, . 46 9 10

Sandwich, one hundred ninety-two pounds seven shil-
lings, 192 7 0

YaiTQouth, one hundred forty-eight pounds three shil-
lings and sevenpence, ...... 148 3 7

Harwich, eighty-five pounds nine shillings and nine-
pence, 85 9 9

Falmouth, fifty-two pounds seven shillings and four-
pence, 52 7 4

Chatham, forty-nine pounds ten shillings and three-
pence, 49 10 3

THE COUNTY OP BRISTOL.

Bristol, one hundred fifty-six pounds fourteen shillings

and sevenpence, . 156 14 7

Taunton, one hundred ninety-one pounds and threeiDence, 191 0 3

Norton, with the east end of North Purchase, thirty-
seven pounds fifteen shillings and fourpence, . . 37 15 4

Dartmouth, two hundred fifty-six pounds nine shillings

and fivepence, ........ 256 9 5

Dighton, fifty-one pounds six shillings, . . . . 51 6 0

Rehoboth, one hundred fifty-nine pounds eleven shil-
lings and tenpence, 159 11 10

Little Compton, one hundred eighty-four pounds nine-
teen shillings and elevenpence, 184 19 11

Swanzey, one hundred eighty-eight pounds fifteen shil-
lings and ninepence, ....... 188 15 9

Tiverton, one hundred twenty-one jjounds three shil-
lings and one penny, 121 3 1

Freetown, forty-nine pounds seventeen shillings and
fivepence, 49 17 5

Attleborough, fifty-three pounds eight shillings and six-
pence, 53 8 6

DUKES COUNTY.

Edgartown, seventy-eight pounds seven shillings and

threepence, 78 7 3

Chilmark, seventy-nine pounds fifteen shillings and

eightpence, 79 15 8

Tisbury, forty-three pounds nine shillings, . . . 43 9 0

£28 105,

.Od

49
14

[IstSess.] Peovince Laws.— 1714. 747

THE COUNTY OF TORKE.

Yorke, twenty-eight pounds ten shillings, .

Kittery, ninety-two pounds seven shillings and six-
pence,

Berwick, forty-nine pounds seventeen shillings and
fourpence, .........

Wells, fourteen pounds five shillings, ....

Nantucket, one hundred fifty-six pounds fifteen shil-
Hngs, 156 15 0

Amounting in the whole to the sum of sixteen thousand five hundred
pounds.

And be it further enacted hy the authority aforesaid.,
[Sect. 2.] That the treasurer do forthwith send out his warrants,
directed to the selectmen or assessors of each town and district within
this province, requiring them, respectively, to assess the sum hereby
set upon such town or district, in manner following ; that is to say, to
assess all rateable male polls above the age of sixteen years, at seven
shillings and sixpence the poll (except the govenour and lieutenant-
govenour and their familys, the president, fellows and students of Har-
vard Colledge, setled ministers and grammer-school masters, who are
hereby exempted as well from being taxed for their polls, as for their
estates being in their own hands and under their actual management
and improvement) ; and other persons in any town, if such there be,
who, through age, infirmity or extream poverty, in the judgement of
the assessors, are not capable to pay towards publick charges, they may
except their polls, and so much of their estate as in their prudence they
shall think and judge meet ; and all estates, both real and personal,
lying within the limits and bounds of such town or district, or next
unto the same, not paying elsewhere, in whose hand, tenure, occupation
or possession soever the same is or shall be found, and income by any
trade or faculty which any person or persons (except as before ex-
cepted), do or shall exercise in gaining, by moneys or other estate not
particularly otherwise assest, or commissions of profit in their improve-
ment, according to their understanding and cunning, at one jDcnny on
the pound ; and to abate or multiply the same, if need be, so as to
make up the sum hereby set and ordered for such town or district to
l^ay ; and in making their assessment, to estimate houses and land at
six years' income of the yearly rents whereat they may be reasonably
set or let for in the places where they lye : saving all contracts betwixt
landlord and tenant, and where no such contract is, the landlord to
re-imburse one-halfe of the tax set upon such houses and lands ; and to
estimate Indian, negro and molatto servants, proportionably, as other
personal estate, according to their sound judgement and discretion ;
also to estimate every ox of four years old and upwards, at forty shil-
lings ; every cow of three years old and upwards, at thirty shillings ;
every horse and mare of three years old and upwards, at fourty shillings;
every swine of one year old and upwards, at eight shillings ; and eveiy
sheep of one year old and upwards, at four shillings ; likewise requir-
ing the assessors to make a fair list of the said assessment, setting forth
in distinct collumns, against each particular person's name, how much
he or she is assessed at for polls, and how much for houses and lands,
and how much for personal estate, and income by trade 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 district, and to return a certificate of the name or names of such
collector, constable or constables, together with the sum total to each

748 Province Laws.— 1714. [Chap. 8.]

of them respectively comnaittecl, unto himself, some time before the
last clay of August next.

[Sect. 3.] And the treasurer for the time being, upon the receipt
of such certificate, is hereby impowred and ordered to issue forth his
warrants to the collectors, constable or constables of such town or dis-
trict, requiring him or them, respectively, to collect the one-halfe of
each respective sum assessed on each particular person, before the last
day of November next ; and of the inhabitants of the tov/n of Boston,
to collect their proportion some time in the month of September for-
going ; and to pay in their collections, and issue the accompts of their
first halfe, at or before the last day of November aforesaid ; only for
Boston, at or before the last day of September aforesaid ; and to col-
lect the other half of each particular person's assessment, and pay in
the same to the treasurer, and issue the accompts of the whole, with
himself or the treasurer for the time being, at or before the last day of
May, which will be in the year of our Lord one thousand seven hun-
dred and fifteen.

Atid be it farther enacted hy the authority aforesaid^

[Sect. 4. J That the assessors of each town and district, respec-
tively, in convenient time before their making the assessment, shall
give seasonable warning to the inhabitants, in a town meeting, or by
posting up notifications in some place or places in such town or district,
or otherwise to notify the inhabitants, to give or bring into the said
assessors true and perfect lists of their polls and ratable estate ; and if
any person or persons shall neglect or refuse so to do, or bring in a
false list, it shall be lawfull, to and for the assessors, to assess such per-
son or persons, according to their known ability within such town, in
their sound judgement and discretion, their due proportion to this tax,
as near as they can, according to the rules herein given, under the pen-
alty of twenty shillings for each person that shall be convicted by
legall proof, in the judgement of the assessors, of bringing in a false
bill ; the said fine to be for the use of the poor of such town or district
where the delinquent lives, to be levyed by warrant from the assessors,
directed to the collector or constable, in manner as is directed for gath-
ering of town assessments, and to be paid into the town treasurer or
selectmen, for the use aforesaid : saving to the party agrieved at the
judgement of the assessors in setting of such fine, liberty of appeal
therefrom to the court of general sessions of the peace within the county
for relief as in case of being overrated.

[Sect. 5.] And if the party be not convicted of any falsness in the
list by him presented of polls, ratable estate, and income by any trade
or faculty which he doth or shall exercise in gaining, by money or
other estate not particularly otherwise assessed, such list shall be a rule
for such person's proportion to the tax which the assessors may not
exceed. {Passed June 25 ; published June 28.

[2d Sess.] Province Laws. — 1714. 749

ACTS

Passed at the Session begun and held at Boston,
ON the Twentieth day of October, A.D. 17 14.

CHAPTER 9.

AN ACT FOR PREVENTING AND REMOVING OF ALL DOUBTS AND DISPUTES
ABOUT WRITS, PROCESSES AND PRECEPTS ISSUED IN THE NAME AND
STYLE OF HER LATE MAJESTY QUEEN ANNE, AND SUITS DEPENDING
THEREON.

JBe it enacted and declared hy His Excellency the Governour, Coun-
cil and Hepresentatives in General Court assembled, and by the author-
ity of the same,

[Sect. 1.] That all writs and processes, original and judicial, and Writs, proceas-
other precepts, issued in the name and style of her late majesty. Queen fn'thenameand
Anne, of blessed memory, and suits depending thereon, recogniscances, ®*y!*^ '?^.'3|'" ^^^^
indictments, presentments, and other matters and things not heard and Anue, revised,
determined, be and are hereby revived and continued, and shall stand
and abide in full force, be pleaded, heard and proceeded on in the
respective courts of justice within this province, where they are or were
returnable, had or have day or days, the demise of her said late
majesty notwithstanding.

[Sect. 2.] And that all writs and processes issued at her late writs at her
maiesty's suit, be and are hereby revived and continued, and shall abide '**! majesty's

suit rcvivGu

and remain in full force, be heard and proceeded on, in the respective
courts of justice where the same are or were returnable, had or have
day or days, the demise of her said late majesty notwithstanding.
A7id be it further enacted and declared by the authority aforesaid,
[Sect. 3.] That all and all manner of pleas, writs, actions, suits, Writs, &c., to
plaints, process, precepts, recogniscances, indictments, presentments, and the"c1)urt8^dis-
other things whatsoever, returnable, or that had day or days in any of the continued;
inferiour courts of common pleas, or courts of general sessions of the
peace within the respective counties, lately discontinued by not holding
of the said courts on the dayes and at the time by law prefixed and
directed, or continued by adjournment, be and hereby are revived, con-
tinued and adjourned over, and may be pleaded, heard and pi-oceeded
upon at the next inferiour co\irt of common pleas or court of general
sessions of the peace, respectively, to be holden for and within the same
county. And all parties that had day by any pleas, writs, bills, actions,
suits, plaints, process, precepts, recogniscances or other thing or things
whatsoever, at or in any of the said courts discontinued, shall, respec-
tively, appear at such next court to be holden in and for the same county,
under the penalty of forfeiting any bonds, obligations or recogniscances
for the appearance of the said parties, or any other penalty that might
have incurr'd on the said parties for not appearing at any of the courts
discontinued as aforesaid, or continued by adjournment if the same had
been holden and kept : so nevertheless^

750

Province Laws. — 1714.

[Chap. 10.]

saving for per-
sons removed

Actions to be
entered on the
tirst day of the
court's sitting.

Adjournment of
the superior
court, &c., for
Suffolk.

Appeals.

Writs, &c., to
be made out in
the name and
style of his
majesty King
George.

[Sect. 4.] That, where any person or persons, i^rmcipals in any
bond, obligation or recogniscance for api^earance, in any of the said dis-
continued courts, or continued by adjournment, are I'emoved and gone
beyond sea, or out of this province, that shall not be returned before
the sitting of such next court to be held in and for the same county, it
shall be in the power of the justices of such court, upon motion made
in that behalf, to allow the continuance of any such bond, obligation or
recogniscance, to such further time as shall be necessary, that no per-
sons concerned may be surprized or unreasonably disadvantaged.

[Sect. 5.] And all actions and suits returnable to any of the infe-
riour courts, revived or continued by adjournment, may be received and
entred on the first day of such court's sitting by adjournment, as if they
have been entred on the day when the [said] court[s] should have sat
by law.

And ichereas the court of general sessions of the peace and inferiour
court of common pleas, which was to have been holden at Boston for
the county of Suffolk the first Tuesday of October, instant, stands ad-
journed to the first Tuesday of November next, which is the same day
appointed by law for the holding of the superiour court of judicature,
court of assize and general goal delivery, —

JBe it therefore enacted by the authority aforesaid,

[Sect, 6.] That the said superiour court of judicature, court of
assize and general goal delivery, Avhich ought by law to have been held
as aforesaid, be and hereby is removed and put over to be holden at
Boston aforesai*-!, for the said county, the first Tuesday of December
next, to all intents and purposes in the law whatsoever ; and all appeals,
reviews, recogniscances, informations, indictments, warrants or other
process, which were to have been heard and tryed at the superiour
court, in November, be heard and tryed by and before the said court
on the first Tuesday of December next ; and all appeals from the infe-
riour court of common pleas or general sessions of the peace to be
holden at Boston, by adjournment, on the first Tuesday of November
next, as aforesaid, shall be tryable at the said superiour court, «Scc., in
December, in the same manner as they would have been in November,
if the said inferiour court had been held in October, as usually, any law,
usage or custom to the contrary notwithstanding.

And be it further enacted and declared by the authority aforesaid,

[Sect. 7.] That the writ for calling a general assembly, all writs,
original and judicial, and other processes in the law, commissions, and
other instruments wherein the regal style is used, be made out in the
name of his present majesty King George; that is to say, "GEORGE,

BY THE GRACE OF GOD OF GrEAT BrITAIN, FkANCE AND IrELAND,

KING, Defender of the Faith," &c. ; and that the clerks of the sev-
eral courts of justice and others concerned in the making out writs,
processes, and other instruments, observe the same accordingly.
\_Pa^sed and published October 30.

CHAPTER 10.

AN ACT FOR THE MAKING AND EMITTING THE SUM OF FIFTY THOUSAND
POUNDS IN BILLS OF CREDIT ON THIS PROVINCE, IN SUCH MANNER AS
IN THE SAID ACT IS HEREAFTER EXPRESSED.

Whereas the publick bills of credit on this province, which have so
long and happily supported this his majesty's government in the long
and expensive war with the French and Indians in our neighbourhood,
for defi-aying the necessary charges thereof, in the defence of his raajes-

[2d Sess.] Province Laws. — 1714. 751

ty's subjects and interest in this as well as the neighbouring provinces
and colonies (and the preventing the inconveniencies that may arise to
the province by any private projection for providing any other medium
of exchange), and served as a medium of commerce in the business and
trade of this province, greatly facilitating payments for goods imported
from Great Britain and other places, are now grown very scarce, and
few of them passing in proportion to the great demand of the same,
whereby the affairs of the government are very much hindred, the pay-
ment of the publick debts and taxes retarded and in great measure ren-
dred impracticable, and the trade and business of this province, both at
home and abroad, is greatly obstructed, to the great discouragement
and distress of the province ; for remedy whereof, —

Be it therefore enacted by His Excellency the Governour, Council and
Representatives in General Court assembled, and by the authority of
the same,

[Sect. 1.] That a further sum of fifty thousand pounds, in bills of pSs\?"bms
credit of the same tenour with those already emitted, be forthwith to be made and
made and j^ut into the hands of five trustees to be named and ap- hands^oAras-
pointed by the general court (three of whom to be ^quorum, with tees and let out
power to act), who are to let out the said bills to the inhabitants of this percent."
province on a good, real security, within the same, at five pounds per
cent per annum, in sums not exceeding five hundred pounds nor under
fifty pounds, unto any one person for the space or term of five years,
and to be paid in again in like publick bills of credit, or current, lawful
money of the province, in the manner following ; that is to say, a fifth
part of the principal with the interest each year, with liberty, always,
to the mortgager to pay in the whole principal, or any lesser sum, so as
it be not under one-fifth part, with the interest, at the end of any one
year ; and provided, nevertheless, that in case the mortgager well and
truely pay the yearly interest as the same becomes due, and, at any time
within or at the expiration of the five years, pay the principal, the estate
mortgaged shall not be forfeited, or the deed of mortgage put in suit.
And all mortgages made or to be made as a security for the bills so Mortgages to be
borrowed, to be to the first trustees and such others as shall from time trustees.* ^
to time be appointed by the general court.

TSect. 2.1 And the said trustees are hereby directed to give their Trustees to
attendance at some stated place in Boston, two days in a week ; and in tendance,
letting out the said bills are to have a special regard to the inhabitants
of the several towns within this province, with respect to their publick
tax ; and therefore, for the space of three months after their receipt of
any part of the said bills, they are to make such a reserve as that the
inhabitants of each town may have the opportunity of taking their pro- prOTemen^sof
portion thereof: the profits and improvements of the bills so let out the money let
(necessary charges being first deducted), are granted to his majesty his majesty
towards defraying the publick charges of the province, as the general fj^^.fn^**^'^' ,u
court from time to time shall order and direct, to whom the trustees He charges of
shall be accountable for all the bills let out, and of the profits thereof theprovmce.

[Sect. 3.] And the said trustees shall be under oath for the faithful Trustees to be
management of the afiixir aforesaid, and the trust in them reposed, and ""'*^'^°'^*^^'
be rewarded for their service by and Avith the allowance of ten shillings _their aiiow-
on every hundred pounds that they shall so let out, to be equally ance.
divided amongst them.

And be it further enacted by the authority aforesaid,

[Sect. 4.] That Andrew Belcher, Addiiigton Davenport and Thom- j[™^^*f *'
as Hutchinson, Esqrs., Mr. John White and Mr. Edward Hutchinson,
be the first five trustees for the putting of this act in execution accord-
ingly. \_Passed November 4 ; published November 9.

752 Province Laws. — 1714. [Notes.]

Notes — There were only two ordinary sessions of the General Court this year, at both of
which acts were passed. The Court was called together in a special session, upon the arrival
of tidings of the death of Queen Anne, that the members might take<he oath of allegiance and
adopt an address to King George, and sat from the twentj'-ninth of September to the second of
October, when it was dismissed, no acts having been passed. The Assembly again convened
on the twentieth of October, in accordance with the last prorogation, and was dissolved on the
fifteenth of November. On the tenth of November, writs were issued for a new assembly to
convene on the fifteenth of December, but, on the sixth of December, this Court was prorogued,
by proclamation, to the nineteenth of January, before which day it was dissolved in the same
manner.

The engrossments of all the acts of this year are preserved and all except chapter 8 were
printed.

No action appears to have been taken by the Privy Council upon the acts of this year. See
NOTES to 1707, aiUe.

Chap. i. " June 3"^ 1714. Voted, a Concurrance with a Resolve pass'd in the House of
Represenf" viz. That the allowance to the Represent"" for their Sen'ice be Four shillings per
Man per Diem, from the Beginning of this Session, until the Court shall Order otherwise ; And
to be paid as the other Three shillings is." — Council Recwds, vol. IX., p. 327.

Chapters 5 and 6. — See notes to 1713-14, chap. 11, ante.

The following resolves are referred to in subsequent acts : —

(a.) ''June 22"* 1714. The following Resolve, pass'd in the House of Represent"", Read &
Concur'd; viz., —

Resolved that the Treasurer be & hereby is directed & impowered to issue forth & emit the
sum of Four thousand Pounds, of the Bills of publick Credit on this Province thai are or shall
be received into the Treasury, for Payment of the publick Debts of the Province already con-
tracted; for the Defence S: Support of the Governm' & the necessary Protection & Preservation
of the Inhabitants of this Province, & for the Subsisting such Forts & Garrisons as shall now
be continued, & Wages arising for their Service; for the Payments of Grants, Salaries & Allow-
ances, made & to be made bj' this Court, according to such Draughts as shall, from time to time,
be made upon him by Warrant or Order of the Governor, by & with the Advice dt Consent of
the Council. And the said Bills shall pass out of the 'J leasurj', at the value therein expressed,
equivalent to ^loney, & shall be so Accepted in all publick Payments. And as a Fund & Se-
curity for the same, —

There be & liereb}' is granted unto Her most Excellent Majesty a Tax of Four thousand
Pounds (to the Ends [and] Uses aforesaid), to be levied upon Polls, & Estates both real & per-
sonal within this Province, according to such Rules & such Proportion, upon the several Towns
& Districts within the same, as shall be agreed on & ordered by the Great & General Court or
Assembly of this Province at their Session in May, 1720, To be paid into the Treasury- on or
before the last Day of December next after.

Consented to: J. Dudley."
— Council Records, vol. IX, p. 344.

(b.) " Nov. 5"> 1714. The following Resolve passed by the Represent"" Read & Concur'd;
viz., —

Resolved that the Treasurer be & hereby is directed & impowered to Issue forth & Emit the
Sum of Ten thousand Pounds, in Bills of publick Credit on this Province (which was ordered
by the General Court at their Session in October 1713 to be made & paid into the Treasury for
draw[ing] in the Ten shilling & Three & six peny Bills & which was not applied to that Ser-
vice), for Payment of the publick Debts of the Province already contracted; for the Defence &
Support of the Government, & the necessary Protection & Preservation of the Inhabitants of
this Province, & for the subsisting of Forts or Garrisons, & Wages arising for their Service; for
Payment of Grants, Salaries & Allowances, made & to be made by this Court, according to such
Draughts as shall, from time to time, be made upon him b}' Warrant or Order of the Governor,
by & with the Advice & Consent of the Council. And the said Bills (together with the Four
thousand Pounds of the like Bills ordered to be emitted at the Session of this Court begun the
26"" Daj' of Maj' last past) shall pass out of the Treasury, at the Value therein expressed, equiv-
alent to JMoney, & shall be taken & accepted, in all publick Paj'inents, at the Advance & after
the Rate of Five Pounds per Cent. more.

And, as a Fund & Securitj"- for the same, there be & hereby is granted to His most Excellent
Majesty, for the Ends & Uses aforesaid, a Tax of Ten thousand Pounds, to be levied upon Polls,
& Estates both Real & Personal within this Province, according to such Rules & in such Pro-
portion, upon the several Towns & Districts within the same, as shall be Agreed on & Ordered
by the Great & General Court or Assembly of this Province, at their Session in May, Annol720.
Three thousand Pounds thereof to be paid" into the Treasury on or before the last Day of Decem'
next after, and the remaining Seven thousand Pounds the last day of December, 1721. And
whereas, in the Treasurer's Accompts of Powder He charges himself with the Sum of Two
thousand forty-seven Pounds, eighteen shillings and three pence. Voted that the Treasurer be
discharged of the said Sum of Two thousand forty-seven Pounds, eighteen shillings & three
pence, He charging himself with One hundred & thirtj'-si.x Barrels, tiftj--two Pounds & three
quarters, of Powder, without putting any Value on the same. It being the Remainder of what
was received in Specie, for the Duty of Tunnage of Shipping, Pursuant to the Act of Assembly,
And, whereas the Town of Tiverton stands charged with the Sum of Thirty Pounds, which was
assessed on them as Part of a Tax in the Year 1708, Voted that the said town of Tiverton be
abated the said sum of Thirty Pounds.

Consented to: J. Dudley."
—Ibid., pp. 371-2.

T A- B L E *

Showing the beginning and end of each year of the reigns of the Sovereigns of
England, frotn the arrival of the Province Charter to the end of the first year
of King George the First.

4tb of William and Mary, .

5th of William

and Mary, .

6th of William

and Mary, .

7th of William

and Mary, .

8th of William

the Third,t

9th of William

the Third, .

10th of William

the Third, .

11th of William

the Third, .

12th of William the Third, .

13th of William

the Third, .

14th of William

the Third, .

1st of Anne,

2d of Anne,

3d of Anne,

4th of Anne,

5th of Anne,

6th of Anne,

7th of Anne,

8th of Anne,

9th of Anne,

10th of Anne,

11th of Anne,

12th of Anne,

13th of Anne,

1st of George the First, .

from Feb

13, 1691-2,

to Feb

13, 1692-3.

13, 1692-3,

13, 1693-4.

((

13, 1693-4,

13, 1694-5.

((

13, 1694-5,

13, 1695-6.

13, 1695-6,

13, 1696-7.

((

13, 1696-7,

13, 1697-8.

13, 1697-8,

13, 1698-9.

13, 1698-9,

13, 1699-1700

((

13, 1699-1700,

13, 1700-1.

((

13, 1700-1,

13, 1701-2.

13, 1701-2,

to Mar.

8, 1701-2.

from Mar.

8, 1701-2,

((

8, 1702-3.

8, 1702-3,

((

8, 1703-4.

8, 1703-4,

8, 1704-5.

8, 1704-5,

((

8, 1705-6.

((

8, 1705-6,

8, 1706-7.

((

8, 1706-7,

8, 1707-8.

8, 1707-8,

8, 1708-9.

8, 1708-9,

8, 1709-10.

8, 1709-10,

8,1710-11.

((

8, 1710-11,

8, 1711-12.

8, 1711-12,

((

8, 1712-13.

8, 1712-13,

8, 1713-14.

8, 1713-14,

to Aug. 1, 1714.

from Aug.

1, 1714,

U -

1, 1715.

* See Preface, p. xxiv. When a session holds qver from one regal year to another, the acts passed therein
arc, sometimes, referred to as acts of both years; thus, " 4 & 5, W. & M." &c. But this rule is not invariable;
and, as suggested in the Preface, (pp. xxii. and xxiii.,) the arrangement of the acts in accordance with this rule
would be more curious than useful : even if the dififereut methods of enumerating the years could be reconciled,
tlie various chapterings would still mislead the reader.

In the English statutes the same irregularity appears; thus, acts passed during the last session of the last par-
liament of AVm. III., after he had entered upon the 14th year of his reign, are placed under 13, W. III., in all
editions of the statutes except in that published by the Records Commission, where this error is avoided. But
the continuous enumeration of chapters through more than one session, although not warranted by the numbers
on the Rolls in Chancery, had been so generally followed that the Commissioners seem to have adopted the
same method, on account of the great inconvenience that would attend a change.

t Queen Slary died December 28, 1094. " — although Queen Mary appears to h.ave died between the passing of
" the Statutes, * * * yet the Heading is continued throughout * * * as the Record affords no
" Authority for breaking the Year : Indeed it seems probable, had the Attention of the Legislature at that time
" been called to the Subject that the Statute which now stands Chapter III., * * * would have followed
" a corresponding Heading upon a new Parliament Roll as Chapter I., 1, William III. ; as it is obvious that no
" Year or Chapter from the last Act of the Reign of William and Mary could have been correctly designated as a
" continuing Year or Chapter of the Reign of William the Third." — Mr. Eaithby, in Preface to Statutes of the
Realm, published by the Records Commission, 1819.

Index of Names.

[755]

INDEX OF NAMES.

5,6,7
307
307
38, 288
342
10
7, 121, 123, 231,

A.,

Page.

Abington, 713,746

Acadia, (See Nova Scotia.)

Adams, Thomas, 4, 5, 6, 7

Addington, Isaac, VII, 11, 307

Africa, .121

Albany, 203

Alcott, Job,

Aldersey, Samuel, .

Allen, Benjamin,

Allen, Hopestil,

Allen, James, .

Allen, John,

Allen, Samuel, .

America, 1, 2, 3, 4, 5, 6, 7, 8, 34, 115, 1

394, 698, 704, 705, 706
Amesbury, 178, 186, 194, 198, 241, 259, 279, 303, 338, 387,

402, 414, 439, 484, 496, 522, 547, 549, 567,'

591, 609, 626, 659, 692, 712, 744
Andorer, 178, 1S6, 198, 241, 259, 279, 303, 338, 387, 402,

414, 439, 484, 496, 522, 547, 549, 567, 591,

609, 625, 659, 692, 712, 744

Andres, Sir Edmund, 341, 483

Anne, Queen, xxiii, 486, 509, 601, 622, 732, 749, 752

Appleton, Samuel, 10, 580

Ashurst, Sir Henry, .... 123, 231, 262, 308

Asia, 121

Atlantic Ocean, 2, 5, 8

Attleborough, 184, 186, 199, 242, 260, 280, 304, 339, 361,
388, 415, 441, 486, 497, 524, 550, 568,
591, 608, 625, 661, 676, 693, 714, 746

Bant, Captain Gilbert, 203

Barlow, Aaron, 390

Barnstable, 73, 74, 93, 157, 158, 175, 178, 181, 187, 198,
242, 260, 280, 284, 285, 304, 339, 361, 367,
369, 371, 388, 415, 440, 485, 497, 623, 550,
568, 690, 609, 626, 642, 660, 663, 693, 713,
716, 738, 746

Bartlett, Kobert 579

Bath, 364

Bay, Massachusetts, (See Massachusetts Bay.)
Belcher, Captain Andrew, . . . 341, 383, 751

Belcher, Jonathan, 109

Bellingham, Richard, 4, 5, 6, 7

Bellomont, Richard Coote, Earl of, 231, 262, 287, 290,
307, 308, 363, 364, 395, 417, 419, 420, 437, 455

Berwick, 747

Berwick upon Tweed, 431

Tage.
Beverly, 178, 186, 198, 241, 259, 270, 303, 338, 387, 414,
440, 484, 496, 522, 549, 507, 591, 009, 625,
669, 692, 712, 744
Billerica, 179, 186, 197, 241, 259, 279, 303, 339, 387, 402,
405, 406, 416, 410, 485, 496, 523, 547, 540,
5G8, 590, COS, 625, 660, 692, 713, 745
Bishop of London, (See London.)

Blagrove, Nathaniel, 541

Blaithwayt, William, 308

Bolton, Charleis Paulet, Duke of, . . . . 110

Bond, William, 90

Borland, John, 600

Boston, XXV, 27, 35, 40, 42, 43, 59, 67, 72, 74, £8, 93, 101,
106, 108, 109, 113, 115, 110, 117, 121, 122, 127,
129, 132, 135, 140, 144, 150, 163, 105, 166, 173,
175, 177, 182, 185, 189, 194, 1%, 197, 207, 212,
216, 220, 222, 226, 228, 231, 232, 235, 237, 238,
239, 241, 248, 251, 256, 257, 258, 269, 262, 267,
27;", 279, 284, 285, 286, 291, 292, 302, 300, 308,
311, 336, 338, 347, 359, 303, 367, 369, 371, 387,
391, 396, 404, 405, 407, 414, 417, 423, 433, 439,
442, 454, 459, 468, 484, 491, 495, 513, 519, 520,
522, 525, 630, 633, 535, 540, 545, 547, 548, 566,
568, 660, 561, 565, 507, 571, 579, 585, 587, 588,
589, 594, 597, 600, 601, 005, 007, 0)2, 613, 614,
616, 621, 624, 627, 628, 629, 633. 039, 043, 644,
661, 666, 069, 662, 606, 073, 070, 077, 679, 680,
683, 684, 686, 691, 692, 094, 698, 700, 703, 704,
707, 711, 712, 715, 719, 720, 725, 726, 731, 732,
737, 743, 748, 749, 750, 751

Bound Brook, ..." 181

Boweman, Thomas, . 231

Boxford, 178, 186, 198, 241, 259, 279, 303, 338, 387, 414,
440, 485, 496, 523, 549, 567, 591, 009, 625,
659, 692, 712, 744
Bradford, 178, 186, 198, 241, 259, 279, 303, 338, 387, 414,
439, 484, 496, 522, 547, 549, 667, 691, 609,
626, 059, 092, 712, 744

Bradford, William, .' 11

Bradstreet, Simon, 10

Braintree, 177, 185, 197, 241, 259, 279, 302, 338, 387, 414,
430, 484, 495, 522, 548, 607, 690, 608, 624,
659, 692, 712, 743

Brattle, Thomas, ,288

Brattle, William, .... xiii, xiv, 38, '288

Brenton, Kbeuezer, 363

Brenton, Jahaleel or Jahleel, . 122,231,308,364

Bridgeman, W., 110

Bridgewater, 178, 187, 199, 242, 260, 280, 304, 339, 361,
388, 415, 440, 485, 497, 623, 550, 508,
591, 009, 626, 660, 685, 693, 713, 745

758

Index of Names.

Page.

Bridgewater, John Egerton, Earl of, . .110

Bristol, 35, 73, 74, 93, 141, 142, 157, 158, 174, 175, 179,

184, 186, 199, 242, 260, 280, 285, 304, 307,

339, 343, 361, 362, 367, 369, 371, 388, 415,

417, 441, 454, 486, 497, 524, 541, 550, 568,

591, 60S, 625, 600, 663, 676, 693, 713, 716,

731, 732, 738, 746

Britain, {See Great Britain.)

Bromfield, Edward, 140

Brookfleld, 402

Brookline, ... 590, 608, 624, 659, 692, 712, 744

Brown, Captain John, 93, 455

Browne, John, 4, 5, 6, 7

Browne, Samuel, 4, 6, 6, 7

Burnaby, John, 454

Burroughs, Francis, 36

Burton, Stephen, 541

Burt's Brook, 676

Butler, Thomas, 391

Byfield, Captain Nathaniel, 140, 363, 383, 455, 508, 541

Cambridge, 38, 39, 73, 157, 158, 178, 186, 197, 241, 259,
279, 284, 285, 288, 289, 290, 303, 308, 338,
• 341, 342, 367, 369, 371, 383, 387, 414, 419,

440, 485, 496, 499,508, 515,520,523,525,
549, 508, 590, 608, 625, 651, 660, 676, 692,
700, 704, 712, 744

Campbell, Duncan, 123

Canada, ....... 18, 706, 708

Canary (wine,) 31, 32, 200, 269, 272, 343, 344, 348, 391,
433, 476, 478, 501, 626, 528

Canterbury, 23

Capawock, {See Martha^s Vineyard.)

Cape Ann, 646

Cape Cod, 8,9,642,646,741,742

Cape Malabar, . . .■ 8

Carey, John, 231

Carolina, 580

Castle Island, 132, 105, 213, 228, 239, 258, 277, .347, 391,

433, 438, 546

Castle William 631, 685

Chalmers, George, 107, 108

Chandler, John, 731

Charles I., 2, 3, 7, 16

Charles II., . . . . 7, 34, 35, 44, 99, 121, 336
Charles River, . . . 2, 5, 158, 383, 419, 651, 722
Charlestown, 35, 59, 73, 74, 166, 178, 183, 186, 197, 218,
241, 256, 257, 259, 279, 284, 285, 286,
303, 336, 338, 341, 367, 369, 371, 387,
414, 418, 440, 485, 496, 523, 549, 568,
690, 608, 625, 651, 656, 659, 692, 712,
744

Chatham, 713, 746

Chauncey, Richard, 231

Checkley, Samuel 645, 740

Chelmsford, 179, 186, 194, 197, 241, 259, 279, 303, 339, 388,
402, 405, 415, 440, 485, 496, 523, 547, 549,
568, 590, 608, 625, 660, 692, 713, 745
Chilmark, 179, 186, 199, 229, 242, 244, 260, 280, 303, 339,
361, 389, 416, 441, 486, 497, 524, 550,509,
591, 609, 626, 661, 694, 714, 746

Church, Major Benjamin 302

Church of England, 232, 308

Clap, Desire, 611

Clap, Samuel, 93

Clapp, Thomas, XIV

Clark, Hannah, {See Maudsley)

Clark, John, 261, 262

Page.

Clark, Dr. John, . . . , . 645, 731, 740

Clark, William, 731

Clarke, Theodosia, {See Sherman.)

Cocks, John, 23

Codner, Susanna, (late Young,) .... 461

CoflSn, Ebenezer, • . 600

Cpmmonwealth of Massachusetts v. Manning,

XXV, 312

Concord, 73, 178, 186, 197, 241, 259, 279, 282, 284, 303,

339, 367, 369, 388, 405, 415, 418, 440, 485,

496, 523, 547, 549, 508, 590, 608, 625, 660,

692, 700, 712, 744

Connecticut, 9, 35, 36, 116, 104, 176, 274, 336, 419, 472,

482, 493, 626, 673
Connecticut River, .... 175, 225, 277, 293

Converse, Major James, 383

Cooke, Elisha, . . . VII, IX, 230, 231, 308, 731

Coram, Thomas, 454

Cotton, Josiah, 732

Cotton, J. H., 706

Cotton, Rowland, x

Cox, John, .342

Craddock, Matthew, 4, 5, 6, 7

Croad, John, 203

Curwin, Jonathan, 10

Dane, Nathan, xvi

Danforth, John, 288

Danforth, Samuel, x, xiii, xiv

Dauiell, Samuel, 11

Dartmouth, 174, 179, ISO, 199, 242, 244, 200, 280, 304, 339,

342, 301, 388, 415, 441, 480, 497,624,550,

608, 691, 608, 624, 625, 628, 661, 093, 713,

746

Davenport, Addington, . . vii, viii, ix, 740, 751

Davis, John, xvi

Davis, Silvanus, ....... 11

Dedham, 177, 185, 197, 241, 259, 279, 302, 338, 341, 387,

390, 414, 439, 484, 495, 622, 548, 567, 590,

608, 024, 059, 692, 712, 743

Deerfield, 194, 388, 402, 415, 440, 485, 496, 523, 549, 668,

691, 609, 620, 660, 693, 713, 745

Devonshire, England, 1,2,3

Dighton, 714,746

Doane, Ebenezer, 742

Dorchester, 177, 185, 197, 241, 259, 279, 302, 338, 359, 362,
387, 414, 439, 484, 495, 522, 548, 567, 590,
COS, Oil, 024, 059, 092, 712, 743

Dorrell, John, xxv

Downing, Thomas, 686

Dowse, Jonathan, 731

Dracut, 496, 523, 547, 549, 508, 590, 608, 625, 000, 693, 713.

745

Dudley, Joseph, 107, 108, .303, 418, 419, 420, 487, 493, 498,

508, 541, 542, 561, 502, 579, 580, 581,

601, 002, 617, 635, 646, 647, 008, 009,

080, 087, 088, 700, 707, 708, 733, 752

Dudley, Paul, viii, x, 288

Dudley, William, 731,732

Dukes County, 210, 2.30, 242, 248, 200, 280, 2S4, 285, .303,
339, 361, 307, 309, 371, 389, ,391, 416,
441, 472, 480, 497, 524, 550, 509, 591,
009, 020, OGl, 003, 094, 714, 710, 738,
746
Dummer, Capt. Jeremiah, .... 30, 705

Dummcr, WilUam, 108, 304, 418

Dunstiible, 194, 384, 388, 402, 415, 410, 485, 490, 523, 547»
549, 508, 590, COS, 625, 660, 693, 713, 745

Index of Names.

759

Page.
Duxbury, 178, 1S~, 198, 243, 2G0, 280, 303, 339, 301, 388,
415, 410, 485, 497, 523, 550, 508, 59), 009,
020, 000, 084, 085, 093, 713, 740

12.

East Greenwich, Manor of, . . . 2, 3, 4, 0, 9
Eastham, 178, 181, 187, 198, 229, 242, 200, 280, 304, 339,
301, 388, 415, 440, 485, 497, 523, 550, 508,
590, €09, 620, 642, 000, 693, 713, 716

Eastland 121,336

Eaton, Tlieophilus, . . . ' . . . 4, 5, 6, 7

Edgurtown, 73, 179, 186, 199, 229, 242, 244, 200, 280, 284,

303, 339, 301, 307, 309, 389, 391, 416, 441,

480, 497, 524, 550, 509, 591, 009, 020, 001,

714, 746

Edward III. 50

Elizabeth Islands, 216

Elliot, Benjamin, ix

Emery, James, 93

Endicott, John, 2, 3, 4, 5, 6, 7

Enfield, 179, 187, 198, 229, 242, 260, 280, 303, 3-39, .341,

388, 415, 440, 485, 490, 523, 549, 568, 591,

609, 020, 000, 093, "713, 745

England, XVII, xxv, 1, 3, 0, 14, 15, 10, 17, 19, 21, 27,

31, 35, 39, 41, 49, 50, 09, 71, 78, 00, 99, 107,

108, 109, 110, 114, 115, 110, 117, 153, 150,

172, 200, 220, 237, 245, 247, 255, 203, 270,

290, 308, 311, 343, 348, 353, 303, 364, 384,

418, 419, 420, 431, 432, 479, 509, 526, 622,

607, 705, 731

Essex, County of,' 73, 74, 03, 100, 144, 148, 157, 178, ISO,

189, 198, 200, 241, 259, 279, 284, 285,

302, 3.38, 307, 309, 371, 387, 414, 418,

439, 484, 490, 507, 522, 549, 507, 579,

590, 608, 625, 632, 059, 003, 070, 080,

692, 712, 716, 738, 744

Essex Historical Society xviii

Essex Institute, xviii

Europe, 35, 116, 294

Evelyn, John, 705

Eyre, John, vii

Fairbanks, George, 722

Falmouth, 178, 187, 198, 242, 200, 280, 304, 339, 301, 388,

415, 440, 485, 497, 523, 550, 509, 590, 609,

626, 660, 693, 713, 746

Faulkner, Abigail, 541

Fayal (wine,) 31, 32, 200

Fisher, Daniel, 390

Fitch, Thomas, 731

Fletcher, Benjamin, 159

Flucker, Thomas, xiii, xiv

Foley, Thomas, 700

Fort Mary, 347,384,391,433

Foster, John, . . , .10, 230, 231, 455, 640, 731

Foxcroft, George, 4, 5, 6, 7

Framingham, 279, 303, 304, 305, 3.39, 388, 415, 440, 485,

496, 523, 547, 649, 568, 590, 608, Oil,

025, 628, COO, 093, 713, 745

France, 1, 21, 90, 231, 295, 307, 311, 500, 500, 595, 621, 622,

631, 640, 057, 658, 675, 685, 090, 750

Frankland, Thomas, 705

Freetown, 174, 179, 186, 199, 242, 260, 280, 304, 339, 361,

388, 415, 441, 486, 497, 524, 550, 508, 591,

608, 025, 001, 093, 714, 746
Frost, Joseph 341

Page.

Gardner, Captain John, 93

Gardner, Samuel, 93

Gay, Edward, . 417

Gedney, Bartholomew, 10

George I xxii, 21, 750, 752

George II., xxii, xxin

Gloucester, 178, 180, 198, 241, 259, 279, 303, .338, .387, 414,
440, 484, 490, 523, 549, 507, 591, 009, 625,
659, 692, 712, 744

Godolphin, Sidney, Lord, no

Goffe or Golfe, Thomas, 4, 5. 6, 7

Goldthwait, Thomas, xiv

Gookin, Nathaniel, 38, 508

Gookin, Samuel, xxv, 341

Great Britain, . . 21, 622, 634, 686, 705, 725, 750, 751

Greenland, 121, 336

Greenwich, (See East Greenwich.)

Gridley, Jeremiah, xiii

Groton, 179, 180, 194, 197, 241, 259, 279, .303, 339, 3SS, 402,

405, 400, 415, 440, 485, 490, 523, 517, 549, 568,

590, COS, 625, 060, 693, 713, 745
Guilford, Francis North, Lord, .... 705
Gwyn, Francis 706

IT.

Hadley, 179, 187, 198, 241, 200, 279, .303, 3.39, 388, 402, 415,
440, 485, 490, 523, 549, 508, 591, 609, 626, 660,
693, 713, 745

Hamilton, Andrew, 115, 123

Hamilton, John, 705

Hampshire, County of, 73, 74, 93, 144, 175, 179, 186, 198,
211, 225, 236, 241, 200, 279,284,
286, 303, 339, 307, 309, 371,384,
388, 415, 440, 485, 496, 523,532,
533, 647, 549, 508, 591, 609,026,
060, 663, 093, 713, 716, 738, 745

Hampton Court, ' 419

Hanniford, Abigail, 231

Harley, J., 704, 705

Hartford, . . ' 226, 277

Harvard College, 38, 39, 1.30, 167, 199, 213, 240, 258, 278,

288, 290, 301, 308, 337, 359, 380, 416,

4.38, 483, 494, 521, 5.33, 650, 509, 592,

610, 015, 626, 651, 601, 694, 714, 747

Harwich, {See Satuckett,) 181, 187, 198, 212, 200, 2S0,

304, 3.39, .361, .388, 415, 441,

485, 497, 524, 550, 551, 569,

590, 609, 620, 600, 093, 713,

746

Harwood, George, 4, 5, 6, 7

Hassanamisco, (Grafton,) 2II

Hatfield, 179, 187, 198, 241, 260, 279, .303, 3.39, .388, 402,

415, 440, 485, 490, 523, 549, 668, 591, 609,

620, 060, 093, 713, 745

Hathorn, Hathorne or Hawthorn, John, . . 10

Haverhill, 178, 186, 194, 198, 241, 259, 279, 303, .338, 387,

402, 414, 439, 484, 496, 522, 547, 549, 667,

691, 609, 025, 659, 692, 712, 744

Hawles, Sir John, . 262, 307, 308, 304, 418, 454, 455

Hawley, Joseph, 93

Hayman, Samuel, 10

Henchman, Major Thomas, .... 93 406

Hill, Brigadier-General, 708

Hiller, Joseph 732

Hinckley, Thomas, 11 455

Hind, Jane, 109

Hingham, 177, 185, 197, 241, 259, 279, 303, SI'S, 387, 414,
439, 4S4, 495, 522, 548, 507, 590, COS, 624,
650, 692, 712, 743

760

Index of Names.

Page.
Hobart, Nehemiah, . . . . . . 3S, 2SS

Holden, Justinian, 704

Holland, 431

Hubbard, Thomas, xiii

HuU, 177, 185, 197, 241, 259, 279, 302, 338, 387, 414, 439,

484, 496, 622, 549, 667, 590, 608, 624, 659, 692,

712, 744
Humphrey, John, 2, 3, 4, 5, 6, 7

Hussey, Stephen,
Hutchins, Sir George,
HutcUins, Thomas, .
Hutchinson, Edward,
Hutchinson, Eliakim,

. 701

4, 5, 6, 7

. 751

. 541

Hutchinson, Elisha, 10, 230, 231, 455, 508, 645, 668, 740
Hutchinson, Thomas, .... 159, 363, 751

Ipswich, 35, 73, 74, 116, 144, 157, 166, 178, 186, 189, 190,
198, 241, 259, 279, 284, 285, 302, 336, 338, .367,
369, 371, 387, 414, 439, 484, 490, 522, 549, 507,
590, 606, 625, 659, 675, 676, 692, 712, 744

Ireland, 1, 21, 80, 509, 622, 750

Isles of Shoals, or Isles and Shoals,

9, 179, 187, 198, 229, 341

Jackson, Edward, 383

Jamaica, 203

James I., 1, 2, 3, 0, 91, 110

James, Erasmus, 579

Jaques, Stephen, 732

Jersey, East and West,

116, 164, 274, 336, 472, 482, 493, 520

Jewett, Nehemiah, . 93

Johnson, Captain, 231

Johnson, Isaac, 4, 5, 6, 7

Johnson, Matthew 93

Jolliffe or Joyliffe, John, 10

Jones, Ann, 362

Jones, David, 302

It.

Kane, Matthew, 685

Kekamoochock 175, 211

Kensington, 110, 455

Kent, County of, . . . . ; . 2, 3, 6, 9

King's Province, (Narragansett,) .... 176

Kittery, 35, 144, 157, 179, 187, 194, 198, 211, 229, 242, 245,

260, 280, 304, 336, 339, 341, 361, 371, 3^8, 402,

415, 440, 485, 496, 524, 533, 545, 547, 550, 569,

590, 60S, 025, 661, 675, 714, 731, 732, 747

3Li.

Lancaster, 179, 186, 194, 198, 241, 259, 279, 303, 339, 388,
402, 415, 440, 485, 496, 523, 547, 549, 508,
590, 608, 025, 660, 093, 713, 745

Lane, John, 406

Lawson, Roger, 600

Legg, Samuel, 508

Leverett, John, . . . vii, 38, 288, 508, 635

Lewis, Ezekiel 686

Lewis, Samuel, 231

Lexington 712, 745

Little Compton, 174, 179, 186, 199, 242, 244, 245, 266-, 280,

304, 339, 342, 361, 362, 388, 415, 441,

486, 497, 524, 550, 508, 591, 608, 025,

661, 693, 714, 746

London, viii, xvii, xxvi, 10, 84, 123, 203, 508, 509,

017, 645, 0S6

Page.
London, Henry Compton, Bishop of, , . 508, 609

Lothrop, Barnabas, 11

Lowndes, William, . 487

Lynde, Benjamin, senior, .... 487, 731

Lynde, Joseph, 10

Lynn, 178, 186, 198, 241, 259, 279, 303, 338, 387, 414, 439,

484, 496, 622, 549, 567, 591, 009, 025, 059, 092,

712, 744

JM.

Madeira (wine,) 31, 32, 200, 209, 272, 343, 344, 348, 392,

434, 470, 478, 501, 520, 528

Maine, Province of, . . 8, 12, 17, 21, 117, 143, 144, 301

Major's Purchase, 084, 085

Malaga (wine, ) 31, 32, 200, 269, 272, 343, 344, 348, 391,

433, 476, 478, 526, 528

Maiden, 179, 186, 197, 241, 259, 279, 303, 338, 388, 415,

440, 485, 496, 523, 549, 608, 590, 608, 625,

660, 692, 713, 745

Malabar, Cape, 8

Man, John, 611

Manchester, 178, 180, 198, 241, 260, 279, 303, 338, 387,

414, 440, 485, 496, 523, 549, 567, 591,

609, 620, 659, 692, 712, 744

Manning, Dr. John, Commonwealth r., . xxv, 312

Marblehead, 35, 178, ISO, 198, 241, 259, 279, 303, 330, 338,

387, 414, 439, 484, 490, 522, 540, 567, 690,

60S, 025, 059, 092, 712, 744

Marion, Joseph, 732

Marlborough, 179, 180, 194, 197, 241, 259, 279, 293, 303,

305, 338, 38S, 402, 414, 440, 485, 490, 523,

647, 549, 508, 590, 008, 625, fiOO, 092, 712,

745

Marshfield, 178, 187, 198, 242, 200, 280, 303, 339, 361, 388,

415, 440, 485, 497, 523, 650, 508, 591, 009,

626, 660, 685, 693, 713, 746

Marshfield Upper-lands, 684, 685

Martha's Vineyard, 9, 35, 73, 74, 93, 117, 118, 159, 179,

180, 199, 210, 244, 248, 330, 471, 487

Mary, Queen, (See WilUamlll.,) 1, 21, 77, 107, 108, 117,

163, 207, 235, 230, 248, 311, 333, 353, 404,

505, 509, 623, 653, 656, 717, 721, 732

Maryland, 116, 203, 680

Mason, John 10

Mason, Stephen, 11, 231, 232

Massachusetts, Massatusetts or Mattachusetts Bay,

V, XVI, 1, 2, 5, 7, 8, 9, 12, 14, 17, 21, 22, 23, 27,29,
34, 35, 36, 38, 40, 41, 43, 00, 70, 70, 88, 95, 100, 107,
108, 109, 117, 118, 135, 140, 143, 146, 105, 173, 177,
184, 185, 188, 197, 200, 207, 213, 215, 228, 231, 232,
235, 239, 240, 243, 267, 202, 203, 269, 277, 287, 288,
296, 299, 301, 308, 337, 342, 358, 304, 386, 391, 394,
406, 413, 417, 419, 433, 437, 438, 454, 455, 471, 475,
478, 483, 480, 487, 491, 494, 497, 498, 500, 508, 609,
620, 621, 625, 627, 633, 541, 648, 500, 5S0, 589, 007,
024, 658, 002, 666, 073, 076, 679, 091, 705, 711, 710,
738, ,743
Massachusetts Historical Society, 107, 108, 123, 667

Mather, Cotton, 38, 288

Mather, Increase 38, 288, 308

Mattakeeset,' . . . . , . . 684,685

Maudsley, Ebenezer, 704

Maudsley, Hannah, (late Clark,) .... 704

Maudsley, John, . 704

Maudsley, Thomas 704

Meadows, Sir Philip, 700

Medlield, 177, 185, 197, 241, 259, 279, 302, 338, 387, 414,
439, 484, 495, 622, 549, 567, 590, 608, 024,
659, 092, 712, 722, 744

Index of Names.

761

Page.

Jledford, iro, 180, 197, 2-11, 259, 279, 303, 338, 388, 414,
440, 485, 490, 523, 549, 5G8, 590, 008, 025,
GOO, 093, 713, 745

Medway, 722, 744

Mendon, 178, 185, 197, 241, 244, 259, 279, 302, 338, 387,
402, 414, 439, 484, 495, 522, 547,549, 5C7j
590, 008, 024, 059, 092, 712,. 744
Merrimack, or Mouomack, . . . 2, 5, 8, 384, 385

Mexico, 70, 290

Mico, Messrs., 231

Mkldleborough, 178, 187, 199, 242, 200, 280, 304, 339, 301,
388, 415, 440, 485, 497, 523, 550, 508,
591, 009, 020, 000, 093, 713, 740

Middlecot, Richard, 10

Middlesex, County of, 38, 73, 74, 93, 157, 158, 178, 185,
197, 218, 241, 259, 279, 282, 284, 285, 288,
303, 338, 307, 309, 371, 383, 387, 405, 414,
418, 419, 440, 485, 490, 523, 549, 508, 590,
008, 025, 051, 059, 003, 092, 700, 712, 710,
738, 744

Mill Elver, 070

Milton, 177, 185, 197, 241, 259, 279, 302, 338, 387, 414, 439,
484, 495, 522, 549, 507, 590, 608, Oil, 024, 059,
092, 712, 744

Minot, George Kicliards, xvi

Monckton, Robert, 706

Monhegan, or Manbeigan, 220

Monomoy, or Manamoit, (Chatham,) 178, 187, 198, 242,
200, 280, 304, 339, 341, 301, 388, 415, 441, 485,
497, 523, 550, 551, 569, 590, 609, 620, 600, 093

Moore, John, 202

Moore, Lydia 202

Morey, Thomas, xiv

Morton, Charles, 288

Mount Hope, . . 541

Muddy River, 508

Namskeket, (Orleans,) 181

N.antucket, ' 9, 35, 73, 74, 93, 117, 118, 179, 186, 199, 216,
229, 236, 242, 244, 260, 280, 284, 286, 303,
336, 339, 361, 307, 309, 371, 389, 416, 441,
471, 472, 486, 497, 524, 550, 509, 591, 609,
620, 661, 694, 701, 702, 714, 747
Narragansett, (,See King^s Province,) 9, 35, 36, 122, 336

Nashua River, 385

Natick, 211

Neal, Thomas, 115, 117, 123

Needham' 692, 712, 743

Newbury, 35, 73, 116, 166, 178, 180, 198, 241, 259, 279,

303, 330, 338, 367, 369, 387, 414, 439, 484,

496, 522, 547, 549, 567, 590, 608, 625, 659,

692, 712, 731, 732, 744

New England, 1, 2, 3, 4, 5, 6, 7, 8, 9, 14, 17, 19, 21, 22,

29, 31, 38, 39, 40, 76, 109, 110, 117, 122,

123, 105, 177, 185, 195, 197, 200, 203,

207, 231, 235, 239, 257, 269, 277, 288,

290, 301, 308, 337, 342, 343, 348, 358,

364, 386, 391, 394, 406, 413, 419, 433,

437, 438, 455, 475,. 478, 479, 483, 491,

492, 494, 498, 500, 520, 521, 525, 526,

527, 533, 548, 560, 580, 589, 607, 624,

658, 691, 704, 705, 706, 707, 711, 737,

743

Newfoundland, 277

New Hampshire, 35, 36, 164, 170, 221, 225, 231, 274, 277,

■330, 419, 472, 482, 493, 526, 673, 724

Newickewannock, ... . .9

Page.

New Plymouth, 8, 12, 17, 21, 27, 35, 72, 74, 93, 100, 117,

140, 141, 143, 157, 158, 175, 178, 184,

187, 198, 216, 231, 240, 242, 200, 280,

284, 285, 301, .303, 330, 339, .301, 307,

309, .371, 388, 415, 440, 471, 485, 487,

, 497, 523, 541, 550, 508, 591, 009, 026,

660, 663, 076, 684, 685, 693, 713, 716,

731, 732, 738, HS

Newton, 158, 179, 180, 197, 241, 259, 279, .303, .3.38, 383,

387, '414, 440, 485, 490, 523, 549, 508, 590,

008, 025, 000, 092, 713, 745

New York, 30, 116, 118, 159, 164, 176, 203, 231, 274, 3.36,

419, 472, 482, 493, 520

Nicholson, Colonel Francis ro'i

Neman's Laud, 210

Northampton, 73, 179, 186, 198, 241, 260, 261, 279, 284,

303, 3.39, 341, 307, 309, 388, 402, 415,

440, 485, 523, 549, 568, 591, 009, 020,

600, 093, 713, 745

North Purchase, .... 184, 676. 713, 740

Norton, 676,693,713,746

Norton, Joseph, 93

Nottingham, Daniel Finch, Earl of, . . 95, 107
Nova Scotia, . . . 8, 9, 12, 21, 117, 220, 013, 724
Nowell, Increase, . , . . . . 4, 5, 6, 7
Noyes, Oliver, 731

Oliver, Nathaniel,

. 541

Oliver, Tliomas,

. 383

Otis, James, ....

. XIII, XV

Otis, Jolin, ....

Oxford,

. 178, 341

Pace, or Pacey, Joseph, 231

Palmer, Joseph, 174

Papillio, Joan, .417

Papillio, Peter, 417

Parsons, William, 501

Partridge, Captain .Samuel, .... 93, 5S0

Passado (wine,) 31, .32, 200, 269, 272, 343, 344, 348, 391,

4-33, 476, 478, 501, 526, 528

Pawmet, (Truro,) 642

Pawtucket River, 184

Peabody, William, Junior, 362

Peck, Samuel, 93

Peirce, George, 342

Pembroke, .... 684, 685, 693, 713, 746
Pembroke, Thomas Herbert, Earl of, . . .110

Pennecook, 384

Pennsylvania, . . 116, 203, 336, 472, 482', 493, 526

Pepperell, Captain William, 732

Perry, Richard, 4, 5, 0, 7

Phillips, Gillam, (v. Savage eiaZ.,) . . . (t07

Phillips, Henry, 007

Pliillips, John, 10, 140, 341

Phillips, John, Junior, 000

Phips, Captain Samuel, . . . . .' 455

Phips, Spencer, xi

Phips, Sir William, . . 90, 95, 107, 149, 159, 174, 188

Pierce, Daniel, 541

Pigott, Sir Richard, 20

Pike, Robert 10

Pincheon, William, 4, 5, 0, 7

Piscataqua, . 9, 116, 153, 300, 301, 356, 385, 471, 725
Plymouth, {See Kew Plymouth,) ■ . . • 1, 2, 3
Plympton, .... 626, 600, 085, 093, 713, 745
Pocassct, l7^

762

Index of Names.

Page.

Popple, Alured, vni

Popple, William, 364

Popple, William, Junior, 487

Port Royal, 122, 220

Povey, John, 455

Pratt, Benjamin, •xiv

Pratt, Thomas, xiv

Prescott, William, XVI

Prescott, William H., xxvii

Price, Elizabeth 203

Price, Captain John, 203

Price, Sarah, 203

Price, Captain Walter, 203

Providence, . 673

Puncateese 174

Pyncheon, Joseph, xili

Quincy, John, 732

Quincy, Josiah, 308

Raithby, John, 753

Eawlinson, Sir William 20

Ecad, John, x

Reading, 179, 180, 197, 241, 259, 279, 303, 338, 388, 415,

440, 485, 496, 523, 549, 508, 590, 008, 625,

600, 092, 712, 745

Rehoboth, 175, 179, 184, 186, 199, 242, 260, 260, 304, 307,

339, 301, 388, 415, 441, 486, 497, 524, 550,

568, 591, 608, 025, 001, 670, 093, 714, 746

Remington, Jonathan, 383

Rhode Island, 9, 35, 36, 116, 104, 176, 274, 336, 419, 472,

482, 493, 526, 673

Richards, John, 10, 38

Rochester, 178, 187, 198, 242, 20O, 280, 304, 339, 301, 388,

390, 415, 441, 485, 497, 524, 550, 569, 590,

609, 026, 600, 093, 713, 740

Rome, 78, 423

Roniney, Henry Sidney, Earl of, . . . . 110

Roswell, Sir Henry, 2, 3, 4, 5, 0, 7

Rouse, William, 000

Rowley, 178, ISO, 198, 241, 200, 279, 303, 338, 387, 414,

440, 485, 490, 523, 549, 507, 591, 009, 625,

059, 092, 712, 744
Roxbury, 177, 185, 197, 241, 259, 279, 302, 338, 359, 387,

414, 439, 484, 495, 522, 548, 507, 589, 607,

024, 059, 092, 712, 743
Russell, James, 10, 508

Saco, 347,384,391,433

Saffin, John, . . . . . . . . 541

Sagadahoc, 9, 12, 17

Sainsbury, W. Noel, xxvii

St. George's River, 384

St. Lawrence, Gulf of, 17

Salem, 35, 59, 07, 73, 74, 110, 110, 148, 166, 178, 186, 189,
190, 198, 203, 241, 259, 279, 284, 285, 302, 336,
.338, 341, 307, 369, 371, .387, 418, 439, 484, 496,
508, 522, 549, 507, 590, 608, 625, 032, 656, 659,
080, 712, 731, 732, 744
Salisbury, 178, 186, 198, 241, 259, 279, 303, 3.30, 3.38, 341,
.387, 402, 414, 439, 484, 490, 522, 547, 549, 507,
591, 009, 025, 059, 692, 712, 744

Saltonstall, Nathaniel, 10

Saltonstall, Sir Richard, . . . . , 4,5,0,7
Sandwich, 178, 187, 198, 242, 200, 280, .304, 339, 301, 388,
415, 440, 4So, 497, 523, 5.50, 508, 590, 009,
620, 000, 093, 713, 740

Page.

Sansom, John, 364

Satuckett, (Harwich,) I8I

Savage, Captain Ephraim, .... 487, 635

Savage, Habijah, C67

Savage, James, xvi

Scituate, 178, 187, 198, 242, 200, 280, 303, 339, 301, ,388,
415, 440, 485, 497, 523, 550, 568, 591, 609,
620, 060, 085, 693, 713, 745

Scotland, - 1, 80, 509, 022

Searle, Daniel, 417

Searle, Samuel, 417

Serjeant, Peter, 10, 140, 455

Seville, 70, 200

Sewall, Hannah, 508

Sewall, Samuel, . . . vii, 10, 308, 50S, 045, 740

Sewall, Samuel, Junior, 508

Sewall, Stephen, 7.32

Sewall, Stephen, Junior, .... xiii, xiv

Sheffield, Daniel, 62S

Sheffield, Joseph, 628

Sherborn, 179, 180, 198, 241, 259, 279, 303, .339, 388, 415,
440, 485, 490, 523, 547, 549, 508, 590, 008,
025, 628, 060, 692, 713, 745
Sherman, Theodosia, (late Clarke.) . . . 704

Shirley, William, xii

Shrewsbury, Charles Talbot, Duke cf, . . . 110
Shute, Samuel, . . 108, 304, 418, 420, 455, 542, 601

Smith, Benjamin, 733

Soale, John, 342

Somers, Lord John, 20,110

Somersby, Henry, 731

Southack, Cyprian, 646

Southcott, Thomas, ' 2, 3, 4, 5, 0, 7

Southern Colony, 1

South Sea, 2, 5, 0

Southwell, Edward, 419

Spain, 500

Spooner, John, 342

Springfield, 73, 144, 179, 180, 198, 211, 241, 279, 284, 293,
303, 307, 309, 371, 388, 415, 440, 485, 496,
523, 533, 549, 568, 691, 009, 026, 600, 713,
745

Stetson, Robert, -685

Stevens, Captain Timothy, 455

Stoddard, John, 731

Story, Joseph, xvi

Stoughton, William, . . . ... 231, 308

Stow, 179, 180, 197, 241, 259, 279, 303, 339, 388, 415, 440,
485, 490, 523, 547, 649, 568, 590, 608, 625, 660,
693, 713, 745

Sturgis, Thomas, 455

Sudbury, 179, 186, 197, 241, 259, 279, 303, 338, 388, 414,
440, 485, 496, 523, 547, 649, 508, 590, 608,
025, COO, 692, 712, 745
Suffield, 179, 187, 198, 229, 242, 260, 279, 303, 339, .341, 388,
415, 440, 485, 496, 523, 549, 668, 591, 609, 626,
660, 093, 713, 745
Suffolk, County of, 37, 72, 74, 03, 109, 135, 144, 158, 177,
185, 216, 241, 259, 279, 284, 285,
302, 338, 359, 362, 367, 369, 371,
381, 383, 387, 405, 414, 4.39, 454,
484, 495, 508, 522, 533, 548, 507,
589, 607, 013, 024, 659, 663, 067,
683, 692, 712, 716, 722, 738, 743,
750
Swanzey, 179, 180, 199, 242, 200, 280, 304, 3.30, 339, 361,
388, 415, 441, 486, 497, 524, 550, 668, 591,
608, 025, 001, 093, 714, 740

Index of Names.

763

Page.
Taunton, 179, 184, 186, 199, 242, 260, 280, 304, 339, 361,
388, 415, 441, 486, 497, 524, 550, 568, 591,
608, 625, 660, 676, 693, Z13, 733, 746

Taylor, James, 146

Thacher, Peter, 288

Thomas, Captain Nathaniel, 93

Throop, Captain William, 732

Tilestone, Timothy, 93

Tisbury, 179, 186, 199,229, 242, 244, 260, 280, 303, 339,361,

389, 416, 441, 486, 497, 524, 550, 569, 591, 609,

626, 661, 694, 714, 746

Tiverton, 174, 179, 186, 199, 242, 244, 245, 260, 280, 304,

339, 361, 388, 415, 441, 486, 497, 524, 550,

568, 591, 608, 625, 661, 693, 714, 746

TojiCfield, 178, 186, 198, 241, 259, 279, 303, 338, 387, 414,

439, 484, 496, 522, 549, 567, 591, 609, 625,
659, 692, 712, 744

Torrey, Samuel, 288

Tortuga or Tartooda, 230

Townscnd, Penn, . . . vn, 93, 140, 454, 645, 740

Treby, Sir George, 363

Trevor, Sir John, 20, 262, 307

Trumbull, William, 110

Truro, .... 642,660,693,713,742,740

Tuft, Peter, 455

Tupper, Captain Thomas, 93

Tylcy, Samuel, . * 732

Tyng, Edward, 417

Tyng, Major Jonathan, 406, 417

Vassall, Samuel, 4, 5, 6, 7

Vassall, William, 4, 5, 6, 7

Ven, John, 4, 5, 6, 7

Vetch, Samuel, 600

Virginia, 116,203,580

Wadsworth, Benjamin, 288

Wake, William, (Archbishop of Canterbury,) . 23

Wales, 431

Waliier, Sir Hovenden, (Admiral,) . . .708

Walley, John, 11,541,611

Walter, Nehemiah, 38, 288

Wardel, Usal, 342

Watanick, 384

Waterhouse, David, 231

Watertown, 178, 186, 197, 241-, 259, 279, 303, 338,387, 414,

440, 485, 496, 623, 549, 568, 590, 608, 625,
659, 692, 712, 744

Weeks, William, . 231

Wells, 73, 179, 187, 194, 198, 229, 242, 260, 280, 284, 304,
339, 361, 367, 369, 388, 402, 415, 440, 485, 496,
624, 645, 547, 550, 569, 590, 608, 625, 661, 694,
714, 747

Paok.

Wells, Samuel, . xiii

Wenham, 178, 186, 198, 241, 259, 279, 303, 338, 387, 414,
440, 484, 496, 522, 549, 567, 591, 609, 625,
659, 692, 712, 744
Western Islands, 269, 272, 343, 344, 348, 391, 433, 476

478, 501, 626, 528
Western Sea, (See Atlantic Ocean.)
Westfield, 179, 187, 198, 242, 260, 280, 303, 339, 388, 402,
415, 440, 485, 496, 523, 549, 568, 591, 609,
626, 660, 693, 713, 745

West Indies, 116

Westminster, . . . XXIV, 1, 3, 7, 20, 21, 23, 117

Weston, 712,744

Wetherel, William 676

Weymouth, 177, 185, 197, 241, 259, 279, 302, 338, 387, 414,

439, 484, 495, 522, 507, 590, 608, 624, 659,
692, 712, 744

Wheelwright, John, 93

Whetcomb, Simon, 2, 3, 4, 5, 6, 7

White, John, VII, 288, 751

Whitehall, . . . 232, 308, 364, 508, 580, 705, 706

Wigglesworth, Michael, 288

WUlard, Josiah, .... viii, XIX, 109, 732

Willard, Samuel, 38, 228

Willard, Simon, 341, 686

William III., (See Mary,) xxiii, 1, 21, 77, 107, 108, 117,
103, 232, 255, 353, 418, 455, 487, 491, 492, 493,
501, 505, 508, 509, 510, 519, 320, 525, 527, 552,
560, 585, 587, 596, 005, 612, 616, 623, 639, 653,
650, 657, 674, 683, 696, 699, 703, 717, 721, 732
Winnisimmet (Chelsea,) Ferry, . . 256, 683, 684

Winthrop, Adam, 10

Winthrop, Wait, 10

Woburn, 178, 186, 197, 241, 259, 279, 303, 338, 388, 415,

440, 485, 496, 523, 549, 568, 590, 608, 651,
660, 692, 712, 744

Woodstock, 175, 402, 439, 484, 490, 522, 547, 549, 567, 590,
608, 624, 659, 692, 712, 744

Woodward, Peter, 390

Wrentham, 178, 185, 197, 241, 259, 279, 302, 338, 387, 390,
414, 416, 417, 439, 484, 495, 522, 547, 549,
667, 590, 608, 624, 659, 692, 712, 744

Wright, Nathaniel, 4,5,6,7

Yarmouth, 178, 181, 187, 198, 242, 260, 280, 304, 339, 361,
388, 415, 440, 485, 497, 523, 550, 668, 590,
609, 626, 660, 693, 713, 746

York, 73, 74, 93, 144, 157, 179, 187, 194, 198, 211, 229, 236,
242, 260, 280, 284, 286, .304, 339, 341, 361, 307, 369,
371, 388, 402, 415, 440, 485, 496, 524, 532, 533, 545,
547, 550, 569, 590, 608, 625, 661, 603, 675, 694, 714,
716, 738, 747

Young, Sir John 2, 3, 4, 5, 6, 7

Young, Susanna, (See Codner.)

List of the Acts and Resolves

CONTAINED IN THIS VOLUME.

[765]

LIST OF THE PUBLIC ACTS/

Date
of passage.

Disallowed
by Privy
Council.

Expired or had its
effect.

Chapter 1.

Chapter 2.

Chapter 3.

Chapter 4.

Chapter 5.

Chapter 6.

Chapter 7.

Chapter 8.

37 Chapter 9.

38 Chapter 10.

Chapter 11.
Chapter 12.

Chapter 13.

Chapter 14.

Chapter 15.
Chapter 16.

Chapter 17.

Chapter 18.

Chapter 19.
Chapter 20.

Chapter 21.
Chapter 22.
Chapter 23.

Chapter 24.
Chapter 25.
Chapter 26.

1692-3.— First Session.

An act for continuing the local laws to stand

in force till November [the] 10th, 1692, .
An act for enforcing the collecting and paying

in the arrears of publick assessments, &c.,
An act for collecting the arrears of town and

county rates,

An act for the granting to their majesties an

assessment upon polls and estates,
An act for impost, excise and tonnage of ship-

, ping, •

An act for the erecting of a naval office.

An act for making the former bills of credit to

pass currant in future payments,
An act for transporting of part of the militia
of the province, or obliging them to march
to the relief of the neighbouring provinces

or colonies,

An act for the holding of courts of justice,
An act for incorporating of Harvard College,
at Cambridge, New England, .

Second Session.

An act setting forth general priviledges.

An act for the quieting of possessions and set-
ling of titles,

An act for building with stone or brick in the
town of Boston, and preventing fire.

An act for the setling and distribution of the
estates of intestates,

An act for prevention of frauds and perjuries,

An act for the equal distribution of insolvent
estates,

An act for regulating the assize of cask, and
preventing deceit in packing of fish, beef
and pork, for sale,

An act for the punishment of criminal offen-
ders,

An act for the punishing of capital offenders.

An act for the suppressing of unlicenced
houses, and the due regulation of such as
are or shall be licensed, ....

An additional act for impost and excise
[1692-3, chap. 5t],

An act for the better observation and keeping
the Lord's day,

An act for prevention of common luisances
arising by slaughter-houses, still-houses,
&c., tallow chandlers and curriers,

An act for affirming of former judgments and
providing for executions, ....

An act for the orderly consummating of mar-
riages,

An act for the settlement and support of min-
isters and schoolmasters, ....

1692.

June 15,

June 14,

June 17,

June 24,

June 27,

July 2,

Oct. 22,

Nov.

Nov.
Oct.

29,

Nov.

10,

Nov.

10,

Oct.

25,

Nov.

1695.

Aug.

Auc

22,

June
June

28,
28,

Aug.

22,

June

27,

Aug.

Oct.

13,

Aug.

22,

Oct.

1^,

Aug.

22,

Oct.

25,

Nov.
Oct.

1,
22,

Auf

Aug. 22,

Nov.
Nov.
Dec.
June
June

10. io:)2.

1, 1092.
10, 1692.

1, 1093.
24, 1093.

Dec. 28, 1692.

June 24, 1693.

* The treaty of Ryswick, although signed Oct. 30, 1697, was not proclaimed at Boston until the tenth of
December following. All acts, therefore, previously enacted to be in force " during the war," are here marked
as expiring upon the latter date. In like manner all acts passed to continue during Queen Anne's war are
marked as expiring Oct. 27, 1712, the day on which the cessation of hostilities was proclaimed at Boston,
although the treaty of peace w«s not signed at Utrecht until the thirtieth of JIarch following (April 11, N. S.),
and was proclaimed at Boston Aug. 24, 1713.

t The references in brackets are to acts referred to in the chapters which they follow..

768

Public Acts.
Jjist of the Public Acts — Continued.

100

300

101

100

104

loa

Chapter 27.

Chapter 28.

Chapter 29.

Chapter 30.

Chapter 31.

Chapter 32.

Cliapter 33.

Chapter 34.

78
79

Chapter 35.
Chapter 36.

Chapter 37.

Chapter 38.

Chapter 39.

Chapter 40.

Chapter 41.

Chapter 42.

Chapter 43.

Date
of passage.

1692-3. — Second Session — Con.

An act for the settlement of the bounds, and
defraying of the pul)litk and necessary
charges arising within each respective coun-
ty in this province,

An act for regulating of townships, choice of
town ofRcers, and setting forth their power,

An act for making of lands and tenements
liable to the payment of debts, .

An act for the due regulation of weights and
measures, .......

An act against the counterfeiting, clipping,
rounding, filing or impairing of coynes, .

An act for the regulating and encouragement
of fishery, .......

An act for the establishing of judicatories and
courts of justice within this province,

An act requiring the taking the oaths appoint-
ed to be taken instead of the oaths of alle-
giance and supremacy, ....

An act for the establishing of forms of oaths.

An act for the establishing of presidents and
forms of writts and processes, .

An act for regulating fees, . . . j

An act for ascertaining the number aijd regu-
lating the house of representatives, .

An act fur the preventing of danger by the
French residing within this province.

An act against conjuration, witchcraft and
dealing with evil and wicked spirits, .

An act for regulating the former assessment,
and for granting an additional supply of
money [1692-3, chap. 4]

An act for the better securing the liberty of
the subject, and for prevention of illegal
imprisonment, ......

An act for the reviving of an act for continu-
ing of the local laws ; and one other act
for sending of souldiers to the relief of
the neighbouring province and colonies
[1092-3, chaps. 1, 8],

An act for granting an allowance unto the
members of the council for their necessary
charges and expenses, during the sessions
of the general assembh', ....

An act for enabling the justices of the supe-
riour court to hold a court of assize and
general goal delivery within the county of
Essex upon Tuesday, the third of January
next,

TiiiiiD Session.

Chapter 46. An act for the explaining and altering of some
clauses and sentences, and the repealing of
some others,' contained in several acts made
and passed at the second session of this
court in October last, 1692 [1692-3, chaps.
14, 24, 26, 32, 36],

Chapter 47. An act for the reviving and continuing of the
duties Upon goods, impost, excise and tun-
nagc of shipping, and the act for granting
of the same [1692-3, chaps. 5, 21], .

Chapter 48. An act ibr the registring of births and deaths.

Chapter 49. An act for the proportioning and setling of the
tax or assessment of thirty thousand pounds
granted unto their majesties [1092 3, chaps.
4, 41],

Chapter 44.

Chapter 45.

1692.

Disallowed
by Privy
Council.

1695.

Nov. 18,

Nov. 16,

Oct. 18, I Aug. 22,

Nov. 1,

Nov. 24,
Nov. 26,
Nov. 25,

Nov.
Nov.

18,
25,

Nov. 30,
Nov. 25,
&Dec. 2,

Nov.
Dec.
Dec.

30,
12,
14,

Dec. 15,

Dec. 14,

Nov. 9,

Dec. 7,

Dec. 16,

1692-3.

Feb.

Feb.
Feb.

AuE

Au<3

22,

Aug. 22,

Aup

22,

Aug. 22,

Expired or had its
effect.

Dee. 10, 169T.

Feb. 28, 1G93-4.

May 31, 1693.

Jan. 3, 1692-3.

Mar. 17,

June 29, 1694.

Feb. 1, 1693-4.

Public Acts.

769

List of the Public Acts — Continued.

TITLES.

1693.— First Session.

Chapter 1. An act for the restrahiing the taking excessive
usury, . .

Chapter 2. An act for regulating the building of ships, .

Chapter 3. An act encouraging a post-office, . . .

Chapter 4. An act for confirmation of titles within the isl-
ands of Capawock alias Martha's Vineyard
and Nantuket,

Chapter 5. An act for the better collecting the impost and
excise, and preventing frauds, .

Chapter 6. An act encouraging the killing of wolves,

Second Session.
Chapter 7. An act for coasting vessels within the prov-

Chapter 8. An act for the partition of lands, &c., and the
recovery of legacies at the common law, ,

Chapter 9. An additional act for the punishing of crimi-
nal offences [1092-3, chap. 22], .

Chapter 1.

Chapter 2.

Chapter 3.

Chapter 4.

Chapter 5.

Chapter 6.

Chapter 7.

Chapter 8.

Chapter 9.
Chapter 10.
Chapter 11.

Chapter 12.

Chapter 13.
Chapter 14.

Chapter 15.
Chapter 16.

Chapter 17.

Chapter 18.
Chapter 19.

Chapter 20.

1693-4.— First Session.

An act relating to sureties upon mean process
in civil actions,

An act for passing of sheriff's accompts,

An act for regulating of the militia,

An act "jr levying souldiers, ....

An act for putting and keeping in repair the
town house in Boston, ....

An act for highwayes,

An act for regulating of fences, cattle, &c., .

An act for enabling the treasurer to call in the
arrears of puhlick rates, and discharging
of publick debts [1692-3, chap. 2], .

An act for Bristol fair,

An act for the regulation of seamen,

An addition to the act for establishing of ju-
dicatories and courts of justice within this
province [1692-3, chap. 33], . . .

An act for a new establishment and regulation
of the chancery,

An act for a present supply of the treasury, .

An act to prevent default of appearance of
representatives to serve in the general as-
sembly [1692-3, chap. 36],

An act for adjourning of the superiour court
of judicature, &c., for the county of Essex,

A bill appointing of Thursday, the 21st of De-
cember next, to be celebrated as a day of
publick thanksgiving throughout the prov-
ince,

Second Session.

An act for the better rule and government of
the Indians in their several places and
plantations,

An act for the relief of ideots and distracted
persons, .......

An act to restrain the exportation of raw hides
and skins out of the province of the Massa-
chusetts Bay, and for the better preserva-
tion and increase of deer in the said prov-
ince,

Au act of supplement and addition to several
acts and laws of this province [1692-3,
chaps. 18, 20, 28, 33, 41; 1G93-4, chap. 8],

Date
of passage.

Disallowed
by Privy-
Council.

1693.

June 8,
June 8,
J uue 9,

June 13,

June 14,
June 15,

July 14,
July 14,
July 14,

Nov.

17,

Nov.

22,

Nov.

Dec.

(

Nov.

Dec. 11,

Dec.
Dec.

Nov.
Nov.

Nov. 14,
1693-4.

Feb. 24,
Feb. 24,

Feb. 28,
Mar. 2,

Expired or had Iti
effect.

1696.

Nov. 5,

Nov. 5, I June 17, 1696.

1695.
Dec. 26,

1696.
Dec. 10,

Dec. 10,

1695.

Dec. 26,

1696.
Dec. 10,

June 29, 1694.

Dec. 10, 1697.

Dec. 12, 1693.
Dec. 21, 1693.

770

158
158

165
170

170

171

172

173
174
174

175

176

177

181
182

182

183

184

Public Acts.
List of the Public Acts — Continued.

TITLES.

Date of
of passage.

Disallowed
by Privy
Council.

Expired or had its
effect.

1693-4.— Second Session— Cow.

Chapter 21. An act for adjourning the superiour court of
judicature, &c., at Plimouth,

Chapter 22. An act for repairing and maintaining of the
bridge over Charles River, near Cambridge,

163 Chapter 1.

Chapter 2.
Chapter 3.

Chapter 4.

Chapter 5.
Chapter 6.

Chapter 7.

Chapter 8.

Chapter 9.

Chapter 10.

Chapter 11.

Chapter 12.

Chapter 13.
Chapter 14.

Chapter 15.

Chapter 10.
Chapter 17.

Chapter 18.

185 Chapter 19.
188 Chapter 20.

1694-5.— First Session.

An act for the reviving and continuing of the
duties upon goods, impost, excise and tun-
nage of shipping, and the acts for granting
of the same [1G92-3, chaps. 5, 21; 1G93,
chap. 5], •

An act for granting unto their majesties a tax
of twelve pence a poll, and one penny on
the pound for estates, ....

An addition to the act entituled "An act for
the setting forth of general priviledges"
[1692-3, chap. 11]

An act for ascertaining the fees of the messen-
ger attending the house of representatives.

An act against adultery and polygamy, .

An act for regulating' of trade with the In-
dians,

An act for better enabling the treasurer to
answer present demands, . . . .

An act for granting [of] [a] township in the
county of Bristol, to be called Tiverton, .

An act for payment of five hundred pounds
to his excellency,

Second Session.

An act for encouraging the prosecution of the
Indian enemy and rebels, and preserving
such as are friends, . . . . .

An act for [the] giving succours and assistance
to the neighl)ouring provinces and colonies,
against their majesties enemies,

An act for regulation of the late tax, and for
granting an additional supply of money
[1694-5, chap. 2],

An act for granting a township in the county
of Barnstable, to be called Harwich, .

An act to restrain the exportation of pitch,
tar, rozin, plank and ship timber,

Third Session.

An act to enable towns, villages and propri-
etors in common and imdivided lands, k.c.,
to sue and be sued [1692-3, chap. 28, § 3],

An act for regulating ferries, ....

An act for granting a township within the
county of Bristol, to be called Attleborough,

An act in further addition to the act for estab-
lishing of judicatories and courts of justice
within this province [1692-3, chap. 33], .

An act for pavment of the province debts
[1693-4, chap. 13, and 1694-5, chap. 2], .

An act for payment of five hundred pounds to
his excellency,

1693-4.

Feb. 15,
Jlar. 3,

1694.

June 8,

June 18,

June 7,

June
June

Sept.
Sept.
Sept.

Oct.
Oct.

Oct.

June 13,

June 22,

June 14,

June 8,

Sept. 12,

Sept. 13,

14,

22,

25,
19,

Oct. 22,
Oct. 27,
Oct. 27,

1696.

Mar. 13, 1693-4.
Mar. 3, 1713-14.

Dec.

10,

Jan. 29, 1695.
Nov. 1, 1694.

1 Aug. 14, 1695.
Sept. 22, 1694.

Dec. 10,

June 28, 1695.
June 28, 1695.
Jan. 31, 1694-5.

June 28, 1695.

June 30, 1695.

Public Acts.
List of the Public Acts — Continued.

771

Date
of passage.

Disallowed
by Privy
Council.

Expired or had its
effect.

1694-5,— FouETH Session.

Chapter 21. An act for reviving of actions and process
lately depending in the superiour court of
judicature, court of assize and general
goal delivery within the county of Essex,
and discontinued by the not holding of the
said court at Salem upon the second Tucs-
dav in November, 1G94 [1692-3, chap. 33,
§0],

Chapter 22. An act for the more effectual suppressing of
drunkenness, and putting in execution the
laws against such as shall presume to sell
strong drink without licence [1692-3,
chaps. 20, 22],

Chapter 23. An act for preventing of men's sons or ser-
vants absenting themselves from their pa-
rents' or masters' service without leave, .

Chapter 24. An act for grand jurors serving at the quar-
ter sessions of the peace, and punishing de-
faults of jurors' attendance [1692-3, chap.
33, §4],

Chapter 25. An act to prevent the deserting of the fron-
tiers

Chapter 2G. An act for supplying the defects in the act en-
tituled "An "act encouraging the killing of
wolves " [1G93, chap. 6], .

Chapter 27. An act for granting unto their majesties a tax
on polls and estates, and additional duties
of impost and tunnage of shiping [1694-5,
chap. 2],

Chapter 28. An act for altering the forme of the writt and
precept for the electing of representatives
to serve at the next general assembly
[1692-3, chap. 36; 1693-4, chap. 14, § 5],

1695-6.— FiKST Session.

Chapter 1. An act for continuing certain rates and duties
of impost, excise and tunnage of shipping,
and reviving of the acts for granting the
same [1G92-3, chaps. 5, 21; 1693, chap. 5;
1G94-5, chaps. ], 27]

Chapter 2. An act to prevent incestuous marriages
[1G92-3, chap. 25; 1694-5, chap. 5], .

Chapter 3. An act for the continuation of several acts
therein mentioned, that are near expiring
[1694-5, chaps. 10, 11], ....

Chapter 4. An act for discontinuing the superiour court
of judicature to be holden in the several
counties of Hampshire and York, during
the present war [1692-3, chap. 33, § 6], .

Chapter 5. An act for regulating the assize of shingles, .

Chapter 6. An act for granting a tax upon polls and es-
tates, ........

Chapter 7. An act for the better settlement of the islands
of Martha's Vineyard and islands adjacent,

Chapter 8. An act in further addition to the act entituled
"An act for the settlement and support of
ministers " [1692-3, chaps. 26, 46, § 8], .

Chapter 9. An act of supplement and addition to several
acts therein mentioned [1692-3, chaps. 28,
30; 1693-4, chap. 3]

Second Session.

Chapter 10. An act to prevent the supplying of his majes-
tie's enemies

1694-5.

JIar.

Mar.
Mar.

14,

12,

Mar. 15,

Mar. 16,

1695.

June 11,

June 19,

June 17,

June 18,

June 27,

June 22,

June 13,

June 28,

AU£

17,

1698.

Nov. 24,

May 21, 1695.

June 17, 1696.

June 29, 1695.

June 29, 1696.

Aug. 17, 1695.

Dec. 10, 1697.
May 29, 1696.

Dec. 10, 1697.

772

Public Acts.
List of the Public Acts — Continued.

Disallowed

TITLES.

Date

by Privy

Expired or had its

of passage.

Council.

effect.

1695-6. — Second Session— Con.

1695.

1698.

220

Chapter 11.

An act for the further continuance of an act
passed at the first session of this present
general court or assembly, entituled "An
act for the continuation of several acts
therein mentioned, that are near expiring"

[1G94-5, chaps. 10, 11; 1695-6, chap. 3], .

Aug.

16,

Dec. 14, 1695.

Third Session.

222

Chapter 12.

An act that all persons not being freeholders
or settled inhabitants, commencing suit,
shall give security before process be

granted,

Nov.

27,

Nov. 24,

223

Chapter 13.

An act for the better discovery and more ef-

fectual suppressing of unlicensed houses, .

Dec.

12,

- -

224

Chapter 14.

An act for the further continuance of several
acts relating to the prosecution of the war

[1694-5, chaps. 10, 11; 1695-6, chap. 11],

Dec.

11,

June 17. 1696.

225

Chapter 15.

An act for taking of affidavits out of court, .

Dec.

12,

226

Chapter 16.

An act to prohibit the exportation of grain,

&c.,

Dec.

14,

—

June 17, 1696.

Fourth Session.

1695-6.

228

Chapter 17.

An act for granting unto his majesty an addi-
tional tax of two thousand three hundred
thirty-three pounds nine shillings and three
penc'e unto the tax upon polls and estates
granted by an act of this court at their ses-
sions begun the twentv-ninth day of May

last past [1694 5, chap'. 12],

Mar.

May 29, 1696.

230

Chapter 18.

An act for the encouragement of making salt

within this province,

Mar. 7,
1696.

Mar. 7, 1709-10.

1696. — First Session.

235

Chapter 1.

An act for continuing of several acts therein-
after mentioned, that are near expiring
[1693, chaps. 3, 5; 1694 5, chaps. 1, 25,

27;' 1695-6, chaps. ], 6, 14, 16],

June

Nov. 24,

June 17, 1699.

237

Chapter 2.

An act for the settlement and well ordering of
a publick market and fairs, within the

town of Boston,

June

15,

Aug. 11, 1697.*

239

Chapter 3.

An act for granting unto his majesty a tax

upon polls and estates [1693-4, chap. 13],

June

17,

Jan. 1, 1696-7.

245

Chapter 4.

An act against piracy and robbing upon the

sea,

June

17,

— ^

Second Session.

248

Chapter §.

An act for the reviving and establishing of
judicatories and courts of justice, and the
forms of writts and processes [1692-3,

chaps. 33, 36]

Oct.

Nov. 24,

June 19, 1697.

249

Chapter 6.

An act for the further continuing of an act en-
tituled "An act to prohibit the exportation
of grain, &c.," and to prohibit the malting

of barley and rye [1695-6, chap. 16]

Oct.

Dec. 19, 1696.

250

Chapter 7.

An act for the more speedy supply of the
treasury, until a tax can be raised [1696,

chap. 3],

Oct.

■"

— ~

Third Session.

251

Chapter 8.

An act for the equal distribution of insolvent

estates,

Nov.

26,

- -

* One year from the opening of the market. The market was opened Aug. 11, \Q9Q.— Boston town-records, vol. 2, p. 215-

Public Acts.

List of the Public Acts — Continued.

773

292
293
294
295

1696.— Thikd Session — Con.

Chapter 9. An act for the due assize of bread, .

Chapter 10. An act for making of lands and tenements
liable to tlie pa^-ment of debts, .

Chapter 11. An act to prevent the destroying and mur-
thering of Ijast.ird children,

Chapter ] 2. An act against high treason, . . . .

Chapter 13. An act in addition to the act for preventing of
common nusances, arising by slaughter-
houses, still-houses, &c. [1692 3, chap 23],

Chapter 14. An act .in addition to the act for regulating
ferries [1694-5, chap. 16], ....

Chapter 15. An act to supply the defect in the law referring
to the choice and power of tythingmcn,
enacted at the session of the general court
in Februarv, anno, 1093 [1693-4, chap. 20,

§11],. "

Chapter 16. An act for granting unto his majesty a tax
upon polls and estates [1693-4, chap. 13],

1697. — First Session,

Chapter 1. An act for putting the militia of this province
into a readiness for defence of the same
[1693-4, chap. 3],

Chapter 2. An act for giving succours and assistance to
the relief of .his majestie's subjects in the
neighbouring provinces or colonies, .

Chapter 3. An act for granting unto his majesty several
duties of impost, excise and tunnage of
shipping,

Chapter 4. An act relating to town rates or assessments.

Chapter 5. An act to restrain the exportation of provis-
ions,

Chapter 6. An act for granting unto his majesty a tax
upon polls and estates, ....

Chapter 7. An act for the further continuing of the act for
writts and processes [1692-3, chap. 36], .

Chapter 8. An act impowring justices of the peace to de-
cide difierences not exceeding forty shil-
lings,

Chapter 9. An act for establishing of courts [1692-3,
chap. 33],

Chapter 10. An a,ct for incorporating Harv'ard Colledge, at
Cambridge, in New England [1692-3,
chap. 10],

Second Session.

Chapter 11. An act for reviving of the act for giving suc-
cours and assistance to the relief of his
majesties subjects in the neighbouring
provinces or colonies [1697, chap. 2],

Third Session.

Chapter 12. An act for encouragement of the prosecution
of the Indian enemy and rebels.

Chapter 13. An act for reviving the act to prevent the de-
serting of the frontiers [1694-5, chap. 25],

Chapter 14. An act for easing the charge and the relief of
prisoners of war,

Chapter 15. An act for the revival and further continuing
of the act for establishing of precedents
and formes of writts and processes [1692-3,
chap. 30; 1097, chap. 7], .

Cliapter 16. An act for ascertaining the value of corns cur-
rant within this province, ....

Date
of passage.

Disallowed
by I'rivy
Council.

Expired or had its
eflect.

1696.

Dec

Dec.

16,

Dec.
Dec.

2,
8,

Dec.

10,

Dec.

17,

Dec. 19,
Dec. 18,

1697.

June 8,
June 3,

.Tune 18,

J une 19,

June 19,

June 16,

June 19,

June 18,

June 19,

June 4,

Sept. 10,

Oct.

20,

Oct.

21,

Oct.

29,

Oct.

27,

Oct.

21,

1698.

Nov.

24,
24,

Aug. 1, 1697.

Dec. 10, 1697.

Sept. 10, 1697.

June 29, 1698.

Sept. 20, 1697.
Oct. 31, 1697.
Dec. 10. 1697.

June 27. 1698.

Dec. 10, 1697.
Dec. 10, 1697.
Dec. 10, 1697.

June 27, 1698.

Public Acts.
Z/ist of the Public Acts — Continued.

Date
of passage.

Disallowed
by Privy-
Council.

Expired or had its
effect.

296
296

297

298

299
301

306

311

311
312
315

310

322

324
325
326
327

330

333

335

337
342

347

1697.— Third Session— Con.

Chapter 17. An act against murder [1692-3, chap. 19, § 5],

Chapter 18. An act against ravishment or rape [1692-3,
chap. 19, § 11]

Chapter 19. An act for the'piinisliment of buggerv [1092-3,
chap. 19, §§ 8, 9], . . ' ."

Chapter 20. An act against atheisme and blasphcniie
[1692-3, chap. 19, § 3], .

Chapter 21. An act Rjr registring of deeds and convey-
ances,

Chapter 22. An act of limitation for quieting of possessions,

Chapter 23. An act for granting unto his majesty a tax of
six tiiousand and forty pounds ten shillings
upon polls and estates [1697, chap. 0],

1697.

Chapter 24.

Fourth Session.

the exportation of money

An act prohibitin
and bullion,

1698.— First Session.

Chapter 1. An act for reviving and further continuation
of several acts that are expired and near
expiring [1693-4, chap. 4; 1697, chaps. 1,
2,13]

Chapter 2. An act to prevent incroachments upon high-
ways, streets, &c

Chapter 3. An act for regulating of tanners, curriers and
cordwaincrs, ......

Chapter 4. An act for establishing the fonne of the writt
and precept, for calling a great and general
court or assembly,

Chapter 5. An act for the establishing of precedents and
formes of writts and processes in civil
causes,

Chapter G. An act tor providing of pounds, and to pre-
vent rescous and pound breach, .

Chapter 7. An act for preventing of trespasses,

Chapter 8. An act against receiving of stol'n goods,

Chapter 9. An act relating to strays and lost goods, &c..

Chapter 10. An act for the inspecting and suppressing of
disorders in licensed houses, &c..

Chapter 11. An act for the relief and release of poor pris-
oners for debt,

Chapter 12. An act for explanation and addition to the act
for regulating of fences, cattle, &c. [1093-4,
chap. 7],

Chapter 13. An act to prevent default in the appearance of
jurors [1094 5, chap. 24]

Chapter 14. An act establishing of seaports within this
province, and for ascertaining the fees for
entring and clearing of vessels inward
and outward bound

Chapter 15. An act for granting unto his majesty a tax
upon polls and estates . . ' .

Cliapter 10. An act for granting unto his majesty several
duties of impost, excise and tannage of
shipping [1098, chap. 17], ....

Second Session.

Chapter 17. An act for discontinuing the duties of impost,
granted at the session of the general as-
sembly begun and held the twenty-fifth
day of May, 1098 [one thousand six liun-
dred nintitj-eujlit], and for granting of
other duties'of impost instead thereof [1698,
chap. 10],

Oct.

23,

Oct.

23,

Oct.

23,

Oct.

30.

Oct.
Oct.

30,
30,

Oct. 29,

Dec. 22,
1698,

June 7,

June 8,

Jane 10,

June 10,

June 13,

June 15,

June 21,

June 22,

June 27,

Dec.

1700.

Oct.

22.

Oct. 22,

Jan. 31, 1697-8w

July 13, 1700-

Oct. 31, 1698.

Oct. 31, 1698.
June 29, 1699.*

June 29, 1700.

Repealed Nov. 15, 1698.

Public Acts.
IList of the Public Acts — Continued.

775

Date
of passage.

Disallowed
by Privy
Council.

Expired or had iU
effect.

1698. — Second Session — Con.

352 Chapter 18. An act for regulating and inspecting the build-
ing of ships,

353 Chapter 19. An act in addition to and explanation of the
act against adulter}' and polygamy made
in the sixth year of the reign of King
William and Queen Mary [161)4-5, chap.
5]

354 Chapter 20. An act enabling sheriffs, constables, &c., to
require aid and assistance in the execution
of their respective offices referring to crim-
inals,

355 Chapter 21. An act for the better preservation and increase
of deer within this province,

356 Chapter 22. An act for hearing and determining of cases
in equity,

358 Chapter 23. An act for establishing the forme of an oath to
be administred unto the justices of the supe-
riour court of judicature and the justices
of the inferiour court of common pleas re-
spectively,

358 Chapter 24. An act for granting unto his majesty a tax
upon polls and estates, ....

169

367

369
370

372

375

Chapter 1.

Chapter 2.

Chapter 3.

Chapter 4.

Chapter 5.

376

Chapter 6

376

Chapter 7

378

Chapter 8

381

Chapter 9

381
383

Chapter 10
Chapter 11

384

Chapter 12

384

Chapter 13.

386

Chapter 14

1699-1700.— First Session.

An act for holding of courts of general ses-
sions of the peace, and ascertaining the
times and places for the same [1692-3,
chap. 33],

An act for the establishing of inferiour courts
of common pleas in the several counties of
this province [1692-3, chap. 33],

An act for the establishing a superiour court
of judicature, court ot assize and general
goal delivery within this province [1692-3,
chap. 33]

An act for the regulating and directing the
proceedings in the courts of justice estab-
lished within this province [1699-1700,
chaps. 2, 3],

An act for reviving of actions and process [fs],
&c., depending in the several courts of jus-
tice within this province, and discontinued
by the disallowance and repeal of the act
for establishment of the said courts [1696,
chap. 5],

An act in addition to the act for regulating
the militia [109:)-4, chap. 8], .

An act for the better preventing of the spread-
ing of infectious sicknesses,

An act for the suppressing and punishing of
rogues, vagabonds, common beggars and
other lewd, idle and disorderly persons;
and also for setting the poor to work.

An act appointing the sheriff to have the
keeping of the common goal, and the pris-
oners therein, ......

An act for keeping of watches in towns.

An act for rebuilding the great bridge over
Charles River, in the town of Cambridge,

An act in addition to the act for regulating of
townships, &c. [1692-3, chap. 28; 1U93-4,
chap. 20, § 18]

An act for giving necessary supplies to the
eastern Indians and for regulating of trade
with them, .......

An act for granting unto his majesty a tax
upon polls and estates, ....

1698.

Dec.

10,

Dec.

10,

Dec.

10,

Dec.

10,

Dec.

».

1699.

June

26,

June

26,

June

26,

July

18,

June

26,

July

]8,

July

18,

June

29,

Julv

June

26,

July

18,

June

26,

July

17,

July

I'i,

1700.

Oct.

22,

Jan. 31, 1698-9.

Oct.

22.

Oct.

22,

^lar.
Nov.

15, 1700-1.
30, 1099.

776

391
394

396
397

398
400
401

402
404

404

405

406

413

423

424

426

429
430

431

432

433
435

Public Acts.
List of the Public Acts — Continued.

TITLES.

Date
of passage.

Disallowed
by Privy
Council.

1699-1700.— First Session— Con.

Chapter 15. An act for granting unto his majesty an ex-
cise upon wines, liquors and strong drink
sold by retail,

Chapter 16. An act for applying the sum of one thousand
pounds, part of the tax upon polls and
estates granted to his majesty by tlws
court unto the use of his excellency Rich-
ard, Earle of Bellomont [1699-1700, chap.

Chapter 17.
Chapter 18.

Chapter 19.
Chapter 20.
Chapter 21.

Chapter 22.
Chapter 23.

Chapter 24.

Chapter 25.
Chapter 26.

Chapter 27.

Second Session.

An act for putting the militia of this province
into a readiness for defence of the same, .

An act for sending of succours and assistance
to the neighbouring provinces and colonies
against his majestie's enemies, .

An act for lev3'ing souldiers, . . . .

An act against deserters, . . . .

An act for punishing of officers or souldiers
who shall mutiny or desert his majestie's
service,

An act to prevent the deserting of the fron-
tiers of this province, . . . . .

An act to repeal one part of an act passed by
the great and general court or assembly,
begun and held at Boston the twent3'-flfth
day of May, 1698, entituled "An act for
the establishing of precedents and forms of
writts and processes in civil causes " and
for making other provision instead thereof
[1698, chap. 5, § 4J,

An act in addition to the act for building with
stone or brick in the town of Boston, and
preventing fire [1692-3, chap. 13J, .

An act relating to Billerica bridge in the
county of Middlesex,

An act directing how rates or taxes to be
granted by tlie general assembly shall be
assessed and collected, ....

An act for granting unto his majesty a tax
upon polls and estates, ....

1700-1.— FinsT Session.

Chapter 1. An act against Jesuits and popish priests.
Chapter 2. An act for the [better] regulating of prisons,
and to prevent escapes, . . . .
Chapter 3. An act relating unto the office and duty of a

coroner, .

Chapter 4. .\n act providing for posthumous children.
Chapter 5. An act in addition to the act for the equal dis-
tribution of insolvent estates [1696, chap.

Chapter 6. An act prohibiting the exportation of raw
hides, upper-leather and tann'd calve-
skiiis from out of this province, other than
for England,

Chapter 7. An act for tlie continueing and further grant-
ing unto his majesty several duties of im-
post and tunnage of shipping [1698, chap.

Chapter 8. An act for granting unto his majesty an excise
upon wines, liquors and strong" drink sold
by retail, .......

Chapter 9. An act for preventing abuses to the Indians, .

1699.

July 14.

July 14,

1699-1700.
Mar. 16,

Mar. 16,
Mar. 16,
Mar. 22,

Mar. 20,
Mar. 22,

Mar. 22,

Mar. 23,

Mar. 20,

Mar. 23,

1700.

June 17,

June 10,
June 28,

July 2,

July 1,

June 29,

June 29,
July 9,

Expired or bad it«
eifect.

June 29, 1700.

July 1, 1701.
July 1, 1701.

July 1, 1701.

Aug. 1, 1700.

July 1, 1703.
June 30, 1700.

June 29, 1701.
June 29, 1701.

Public Acts.

77T

List of the Public Acts — Continued.

1700-1. — First Session — Con.

Chapter 10. An act in addition to the act for due regula-
tion of weights and measures [1692-3,
chap. 30], July 11,

Chapter 11. An act for reviving and continuing of the act
intituled, "An act for giving necessary
supplies to the eastern Indians, and for
regulating of trade with them" [1699-1700,
chap. 13] July 12,

Chapter 12. An act granting the sum of one thousand
pounds unto his excellency, Richard, Earl |
of Bellomont, . . '. . . . July 5,

Chapter 13. An act for granting unto his majesty a tax

upon polls and estates, .... July 13,

Date
of passage.

Disallowed
by Privy
Council.

Expired or had its
eflfect.

1700.

Second Session.

Chapter 14. An act directing the proceedings against
forceable entry and detainer [1692-3, chap.
18, §6]

Chapter 15. An act directing how town officers shall be
sworn, in such towns where no justice of
the peace dwels,

Chapter 16. An act for tolling horses that are to be ex-
ported,

Chapter 17. An act against the making or passing of base
or counterfeit money,

Chapter 18. An act relating to the prosecution of appeals.

Chapter 19. An act for the better makeing and measuring
of malt,

Chapter 20. An act providing that in suits where goods or
other estate is attached, the defendant be
summoned,

Chapter 21. An act for rendring an accompt of tines, &c.
[1693-4, chap. 2], . . . . .

Chapter 22. An act for the convenient and speedy assign-
ment of dower, ......

Chapter 23. An act directing the admission of town inhab-
itants,

Third Session.

Chapter 24. An act to impower the treasurer to issue forth
bills of credit,

1701-2.— FinsT Session.

Chapter 1. An act for preventing of disputes relating to
actions and processes deiiending in the
several courts of justice within this prov-
ince by reason of the disallowance and re-
peal of the act intituled "An act for the
establishment of precedents and forms of
writs and processes in civil causes" and of
another act intituled " An act for regulat-
ing and directing the proceedings in the
courts of justice established within this
province " [1098, chap. 5; 1699-1700, chap.
4] .•

Chapter 2. An act prescribing formes of writts in civil
causes,

Chapter 3. An act prescribing the forme of writts for pos-
session, scire faciif, and replevin,

Chapter 4. An act prescribing the Ibrnies of writts in
cases tryablc before a justice of the peace.

Chapter 5. An act for retaliating of tryals in civil causes,

Chapter 0. An act for review in civil causes, .

Chapter 7. An act relating to attorneys, . . . .

1700-1.

Mar.

Feb.

20,

Feb.

2G,

Mar.
Mar.

14,
3,

Mar. 12,

1701.

Apr. 19,

June

June
June
June
June

11,

5,
12,
18,
20,

July 1, 1701.

Dec. 31, 1700.

778

Public Acts.
Ziist of the Public Acts — Continued.

TITLES.

Date
of passage.

Disallowed
by Privy-
Council.

Expired or had its
effect.

1701-2.— First Session— Con.

467

4G9
470

471
472

Chapter 8.

Chapter 9.
Chapter 10.

Chapter 11.

Chapter 12.
473 ! Chapter 13.
474

475

478
483

491

493
493

494
498

499
500

503

504

505

506
507

Chapter 14.
Chapter 15.
Chapter 16.
Chapter 17.

An act prescribing the forme of a Wairant for
collecting of town assessments, &c. .

An act providing in case of sickness,

An act in addition to an act for the settlement
and support of schools and school-masters
[1692-3, chap. 6],

An act to prevent and make void clandestine
and illegai purchases of lands from the In-
dians

An act for establishing of a naval-office, and
for ascertaining of the fees,

An act to encourage the sowing and well man-
ufacturing of hemp within this province, .

An act for further coutinueing of several acts
therein mentioned that are near expiring
[1699-1700, chaps. 13, 19, 21, 22], .

An act granting unto his majesty an excise
ixpon wines, Hquors and strong drink sold
by retail,

An act for granting unto his majesty several
rates aisd duties of impost and tunnage of
shipping,

An act for granting unto his majesty a tax
upon polls and estates, ....

1702.— First Session.

Chapter 1. An act for continuing of several acts near ex-
piring, and for granting unto her majesty
several duties of impost, tunnage of ship-
ping and excise [1699-1700, chaps. 13, 19,
21. 22; 1701-2, chaps. 14, 15, 16], .

Chapt-er 2. An act that the duty of tunnage of shipping
be paid in powder [1701-2, chap. 10],

Chapter 3. An act in addition to the act for regulating the
militia, and for explanation of a clause in
the said act [1093-4, chap. 3], .

Chajiter 4. An act for granting unto her majesty a tax
upon polls and estates, . . . .

Chapter 5. An act for applying the sum of five hundred
pounds of the moneys granted to her most
excellent majesty the Queen, unto the use
of his excellency, Joseph Dudley, Esqr., .

Second Session.

Chapter 6. An act in addition to the act for levying of
souldiers, and for the better raising of them
out of the militia, for her majestie's service
in time of war [1099-1700, chap. 19],

Chapter 7. An act in addition to the act intituled "An act
for continuing of several acts near expir-
ing, and for granting unto her majesty
several duties of impost, tunage of ship-
ping and excise" [1701-2, chap. 10; 1702,
chap. 1],

Chapter 8. An act for making and emitting of bills of
publick credit, ......

Chapter 9. An act to prevent charges arising upon the
county for prisoners committed for theft, .

Chapter 10. An act more ctfectuallv providing for the sup-
port of ministers [1692-3, chap. 20], .

Chapter 11. An act for appointing commissioners of sewers.

Chapter 12. An act for the reviving and reiinacting a
clause in the act intituled " An act for the
regulating and encouragement of fishery"
that hath been for some time repealed by
the general assembly [1692-3, chap. 32], .

1701.

June
June

30.
25,

June 28,

June

26,

June

28,

June

19,

June

16,

June

IS,

June

2i,

June

30,

1702.

June 8,
June 27,

June 27,
June 25,

June 27,

Nov.

Nov, 21

Nov. 21

Nov. 21,

June 27, 1702.

June 29, 1702.

June 29, 1702.
Dec. 31, 1701.

June 29, 1703.
June 29, 1703.

Dec. 31, 1702.

Oct. 27, 1712.

Nov. 21, 1703.
Nov. 30, 1703.

Public Acts.
List of the Public Acts — Continued.

779

1702. — SECo>rD Session— Co?i.

Chapter 13. An act for altering the time of holding the
court of general sessions of the peace, and
inferiour court of common pleas at Salem,
within the county of Essex,

1702-3.— First Session.

Chapter 1.

An act in further addition to the acts now in
force within this province for the granting
and continuing of several duties of impost,
tunnage of shipping and excise [1702,
chaps. 1, 2, 7],

An act against the diminishing and counter-
feiting of money,

An act tor continuing of the apportioning of
the tax granted at the last session of the
general assembly [1702, chap. 8, § 4],
Chapter 4. An act for better inquiry into the ratable es-
tate of the respective towns,

Chapter 2.
Chapter 3.

Chapter 1.
Chapter 2.

Chapter
Chapter
Chapter

Chapter 6.

Chapter 7.

Chapter 8.

Chapter 9.

Chapter 10.

Chapter 11.
Chapter 12.

Chapter 13.

Chapter 14.

Chapter 15.

1703-4.— riRST Session.

An act relating to molato and negro slaves, .
An act for further continuing of several acts

that are near expiring [1609-1700, chaps.

13, 19, 21, 22; 1701-2, chap. 14],
An act for granting unto her majesty a tax

upon polls and estates [1699-1700, chap.

26; 1701-2, chap. 8; 1702, chap. 8, § 4], .
An act for granting unto her majesty several

rates and dutvs of impost and tunnage of

shipping [1701-2, chap. 16; 1702, chap. 7],
An act granting unto her majesty an excise

upon wines, liquors and strong drinke sold

by retaile,

Second Session.

An act to encourage the prosecul.on of the
Indian enemy and rebels, ....

An act relating "to the forces that are or shall
be imployed on her majesty's service with-
in this province,

An act for discontinuing the superiour court of
judicature, to be holden within the respec-
tive counties of Hampshire and York, dur-
ing the present troubles with the Indians, .

An act for granting unto her majesty a tax
upon polls and estates [1703-4, chap. 3], .

TnERD Session.

An act in addition to the act for providing of
pounds, &c. [1698, chap. C], . .

An act to prevent disorders in the night,

An act relating to executors and administra-
tors, ........

An act relating to appeals from judgements in
bar or abatement, .....

An act of supplement to the acts referring to
to the poor, &c. [1092-3, chap. 28 § 7], .

An act in addition to the act for punishing of
officers or souldiers who shall mutiny or
desert the service [1699-1700, chap. 2"l, §
3],

Disallowticl

Date

by Privy

of passage.

Council.

Expired or had its
effect.

1702.

Nov. 21,

1703.

Mar. 27,

July

28,

July

17,

July

27,

July

29,

July

31,

Sept.

Nov.
Dec.

Nov.

Dec.

Nov.

30,
1,

27,

Nov. 30,

July 27, 1703.
July 31, 1703.

June 30, 1704.
June 29, 1706.
June 29, 1704.
June 29, 1704.

June 30, 1704.
Oct. 1, 1704.

Oct. 27, 1712.
May 31, 1704.

Dec. 7, 1706.

780

Public Acts.
List of the Public Acts — Continued.

Disallowed

TITLES.

Date

by Privy

Expired or had its

of passage.

Council.

effect.

1703-4.— Fourth Session.

1703-4.

S40

Chapter

16.

An act for makeing and emitting of a further
sum of bills of credit upon a fund granted

for the same,

Mar. 24,
1704.

May 31, 1705.

1704-5.— First Session.

545

Chapter

An act for removing the court of general ses-
sions of tlie peace and inferiour court of

pleas from Wells to York, ....

June

21,

Oct. 27, 1712.

545

Chapter

An act of priviledge to the members of the

general assembly and judges of assize, .

Juno

23,

- -

546

Chapter

An act in further addition to the act for levy-

ing souldicrs, &c. [1702, chap. 6, § 2],

June

15,

Oct. 27, 1712.

547

Chapter

An act directing that the militia of the fron-

tiers be provided with snow-shoes, &c.

June

14,

Oct. 27, 1712.

548

Chapter

An act for granting unto her majesty a tax
upon polls and estates [1703-4, chap. IG, §

June

24,

—

May 31, 1705.

552

Chapter

An act of continuation of several acts therein
mentioned that are near expiring [1699-
1700, chap. 22; 1701-2, chap. 14, § 2;

1703-4, chaps. 4, 5],

Jime

24,

June 29, 1705.

553

Chapter

An act for punishing of officers and souldiers
retained in her majesty's service and under

pay.

June

29,

July 1, 1705.

Second Session.

556

Chapter

An act against counterfeiting the bills of credit

on this province,

Aug.

19,

Third Session.

558

Chapter

An act for reviving and further continuing of
two several acts herein named, referring to

the war [1703-4, chap. 6, and chap. 7, § 3],

Nov.

18,

Nov. 30, 1705.

Fourth Session.

1704-5.

560

Chapter

10.

An act against souldiers and seamen in her

majesty's service being arrested for debt, .

Jan. 3,
1705.

July 13, 1706.

1705-6.— First Session.

565

Chapter

An act for the ease of prisoners for debt.

June

30,

June 30, 1708.

56G

Chapter

An act for the further and longer continuing
in force several acts therein mentioned
that are near expiring [1699-1700, chap.
22; 1701-2, chap. 14; 1703-4, chaps. 4, 5;

1704-5, chaps. 6, 7],

June

14,

June 29, 1706.

566

Chapter

An actfor apiwrtioning and assessing of two
several taxes on polls and estate, pursuant
to the grants made to her majesty by the

general assembly in the year 1704, .

June

30,

May 31, 1706.

Third Session.

571

Chapter

An act directing the method of payment of

souldiers [1703-4, chap. 7],

Nov.

30,

Oct. 27, 1712.

573

Chapter

An act for regulating the assize of cask for
tar, pitch, turpentine and rozin, and for
preventing frauds and deceit[s] in the said

commodities

Nov.

20,

_ _

575

Chapter

An act in addition to the act for due regula-
tion of weights and measures [1692-3,

chap. 30],

Nov.

30,

- -

Public Acts.

Xist of the Public Acts — Continued.

781

Date
of passage.

Disallowed
by Privy
Council.

Expired or bad its
efl'ect.

1705-6.— Third Session— Con.

Chapter 7. An act in addition to and explanation of the
act relating to sureties upon mean process
in civil actions [lG'J3-4, chap. 1],

Chapter 8. An act to prevent Iraud in cord-wood exposed
to sale,

Chapter 9. An act against burning of houses, .

Chapter 10. An act for the better preventing of a spurious
and mixt issue [#c.],

1706-7.— First Session.

Chapter 1. An act for reviving and further continuing of
several acts therein mentioned that are
near expiring [1099-1700, chap. 22; 1701-2,
chap. 14; 1703-4, chaps. 4, 5; 1704-5,
chaps. 6, 7]

Chapter 2. An act for better securmg the payment of
prison charges,

Chapter 3. An act for reviving and further continuing of
the act directing how rates or taxes to be
granted b}' the general as^sembly shall be
assessed and collected [1090 1700, chap.
20 ; 1701-2, chap. 8. § 3 ; 1703-4, chap. 3,
§G, 14],

Chapter 4. An act for erecting of a powder-house within
the town of Boston,

Chapter 5. An act for the better preventing of criminals
avoiding of justice,

Chapter 6. An act for apportioning and assessing of four
several taxes on polls and estate, pursuant
to the funds and grants made to her
majesty by the general assembly, in the
years 1704, 1705 and 170G,

Second Session.

Chapter 7. An act to encourage the prosecution of the
Indian enemy and rebels, ....

Chapter 8. An act to prevent all traiterous correspondence
with her majesty's enemys,

Third Session.

Chapter 9. An act for maintaining and propagating of re-
ligion,

Chapter 10. An act for reviving and further continuing of
the act against souldiers and seamen in her
majest3''s service being arrested for debt
[1704 5, chap. 10],

Chapter 11. An act for tlie raising and increase of dogs,
for the better security of the trontiers,

Fourth Session.

Chapter 12. An act for the further continuing of and in
addition to the "Act to encourage the pros-
ecution of the Indian enemy and rebels "
[1700-7, chap. 7],

1707.— FiR.ST Se-ssion.

Chapter 1. An act for reviving and further continuing of
several acts herein mentioned that are near
expiring [1099-1700, chap. 22; 1701-2,
chap. 14; 1703-4, chaps. 4, 5; 1706-7,
chap. 1],

1705.

Dec. 1,

Nov. 29,

Nov. 23,

Dec. 5,

1706.

June 28,
July 12,

July 5,

July 9,

July 13,

Aug. 14,
Aug. 31,

Nov. 14,

Nov. 15,
Nor. 29,

1706-7.

Mar. 13,
1707.

June 10,

June 29, 1707.

July 5, 1709.

May 31, 1707.

June 13, 1707.
Oct. 27, 1712.

Nov. 14, 1709.

Nov. 15, 1707.
Not. 29, 1709.

Oct. 31, 1707.

June 29, 1708.

782

Public Acts.
Xiist of the Public Acts — Continued.

Date
of passagQ.

Disallowed
by Privy
Council.

Expired or bad its

effect.

606

606
607

612

613

614
616

621

622
622
623

623
624

629

631
632

Chapter

Chapter
Chapter

1707.— FiEST Session— Con.

An act in addition to the act directing how
rates or taxes to be granted by tlie general
assembly shall be assessed and collected
[1099-1700, chap. 2G, § 1], . . .
An act for the regulating of free negro's,
An act for apportioning and assessing of three
several taxes on polls and estates, pursuant
to the funds and grants made to her majes-
ty by the general assembly in the j'ears
1705 and 1706

Second Session.

Chapter 5. An act for the raising and government of soul-
diers [1699-1700, chaps. 17, 22; 1704-5,
chaps. 7, 10; 170G-7, chap. 7], .

Chapter 6. An act for the continuance of process and ju-
dicial proceedings depending in the infe-
riour court of common picas appointed by
law to have been holden and kept at Bos-
ton, for the county of Sufiblk, on the first
Tuesday of July last past, anno, 1707,

Third Session.

Chapter 7. An act for better inquiry into the ratable es-
tate of the respective towns of this prov-
ince,

Chapter 8. An act for restoring Boston to the general
rules for other the towns throughout the
province, as to town rates [1699-1700, chap.
26; 1701-2, chap. 8; 1706-7, chap. 3], .

1708-9.— First Session.

Chapter 1. An act for reviving and further continuing of
several acts near expiring [1703-4, chaps.
4, 5; 170G-7, chap. 7J, . . . .

Chapter 2. An act declaring the regal style, .

Chapter 3. An act to prevent causeless a"rrests, &c..

Chapter 4. An act in addition to and explanation of the
act for prevention of common nusances
[1092-3, chap. 23],

Chapter 5. An act in addition to the act for the relief of
ideots and distracted persons [1693-4,
chap. 18]

Chapter 6. An act for apportioning and assessing of two
several taxes on polls and estates, pursuant
to the funds and grants made to her majes-
ty by the general assembly in the year 1706,

Second Session.

Chapter 7. An act to enable creditors to receive their just
debts out of the eflects of their absent or
absconding debtors,

Chapter 8. An act for subsisting of eighty souMiers at her
majesty's Castle William, . . . .

Chapter 9. An act for restoring the court of general ses-
sions of the peace, and inferiour court,
within the county of Essex, to the former
time for [the] holding the same,

1707.

June 11,
June 12,

June 13.

Aug.

16,

Aug.

16,

Nov.

29,

Dec.

1708.

June
June
June

26,

16,

June

29,

July

Nov.

May 31, 1708.

June 18, 1709.

July 6, 1768.

June 29, 1709.
June 16, 1711.

May 31, 1709.

Nov. 30, 1715.
Oct. 27, 1712.

Public Acts.

783

Ziist of the Public Acts — Continued.

Date
of passage.

Disallowed
by Privy
Council.

Expired or had Its
effect.

1708-9.— Third Session,

Chapter 10. An act in addition to the act for regulating the
assize of cask for tar, pitch, turpentine, &c.,
and for preventing frauds and deceit in the
said connnodities,

Chapter 11. An act to encourage the importation of white
servants,

1709-10.— First Session.

Chapter 1.

Chapter
Chapter

An act for reviving and further continuing of
several temporary acts, which, by their
respective limitations, arc near determining
and expiring [1G99-1700, chaps. 17, 22, 26;
1701-2, chap. 14, § 2; 1703-4, chaps. 4, 5;
1704-5, chaps. 7, 10; 1700-7, chaps. 7. 12],

An act against Indians being sued for debt, .

An act for the upholding and regulating of

mills,

Chapter 4. An act for makeing Pawmet, a district of
Eastham, within the county of Barnstable,
a township, to be called Truroe,

Fifth Session.

Chapter 5. An act for regulating of drains and common
shores,

Sixth Session.

Chapter G. An act to prevent deceit in hay exposed to
sale,

Chapter 7. An act to prevent nusances by hedges, wears
and other incumbrances, obstructing the
passage of fish in rivers, . . . .

651 Chapter 1.

652 Chapter 2.

652 Chapter 3.

Chapter 4.

Chapter 5.

Chapter 6.

Chapter 7.

Chapter 8.

Chapter 9.

1710-11. — First Session.

An act for the better regulating of the ferrj'
over Charles River, betwixt Boston and
Charlestown,

An act in addition to and for explanation of
the act for the settling and distribution of
the estates of intestates [1G92-3, chap. 14],

An act relating to searchers and sealers of
leather and clerks of the market.

An act in addition to an act to prevent fraud
in cord-wood, &c. [1705-G, chap. 8], .

An act directing the levying and collecting of
county and town assessments [1692-3,
chap. 28],

An act for explanation of and supplement to
the act referring to the poor, &c. [1G92-3,
chap. 28, § 7; 1703-4, chap. 14],

An act for the admeasurement of boards,
plank and timber, and regulating the tale
of shingles,

An act for explaining and enlarging of the act
for prevention of common nusances arising
by slaughter-houses, still-houses, &c., tal-
low-chandlers and curriers [1692-3, chap.
23],

An act for reviving and further continuing of
several temporary acts, which by their re-
spective limitations, are near determining
and expiring [1G99-1700, chaps. 17, 22;
1701-2, chap. 14; 1703-4, chap. 4; 1704-5,
chaps. 7, 10; 1706-7, chaps. 7, 12], .

1708

-9.

Feb.

26,

Feb.

26,

1709.

June

14,

June

17,

July

16,

Nov.

17,

1709-10.

Feb.

18,

Feb.

16,

1710.
June 10,

June

10,

June

21,

June

28,

June

20,

June

28,

June

19,

June

21,

June

20,

June

23,

Apr. 1, 1712.

June 29, 1710.
June 14, 1712.

May 1, 1713.

June 22, 1717.

June 29, 1711.

784

Public Acts.
List of the Public Acts — Continued.

TITLES.

Date
of passage.

Disallowed
by Privy
Council.

Expired or bad its
effect.

1710-11. — First Session — Con.

658 Chapter 10. An act for apportioning and assessing of two
several taxes on polls and estates, pursuant
to the funds and grants made to her
majesty by the general assembly in the
years 1707 and 1708

662 Chapter 11. An act for granting unto her majesty an ex-
cise upon winci, liquors and other strong
drinke sold by retaile [1701-2, chap. 15J, .

FouKTH Session.

GC6 Chapter 12. An act for exchanging the twenty-shilling bill
of credit, &c. [1702, chap. 8], .
Chapter 13. An act for the better regulation of fowling, .

667

673
G73
674

676

677

679

682
683

684
684

685

691

1711-12.— First Session.

Chapter 1.
Chapter 2.

An act for securing the bills of credit on the
neighbouring governments,

An act for suppressing of robberies and as-
saults,

Chapter 3. An act for reviving and further continuing of
several temporary acts, which by their re-
spective limitations are near determining
and expiring \ 1C99-1700, chaps. 2, 3. § 2,
17, 22; 1701-2, chap. 14; 1703 4, chaps. 4,
8; 1704-5, chaps. 7, 10; 1706-7, chaps. 7,
12; 1708-9, chap. 3; 1710-11, chap. 11], .

An act for raysing a new town, by the name
Norton, within the county of Bristol,

Chapter 4.

Fifth Session.

Chapter 5. An act providing in case of fire, for the more
speedy extinguishment thereof, and for
the preserving of goods endangered there-
by,

Sixth Session.

Chapter 6. An act against intemperance, immorality and
prophaneness, and for reformation of 'man-
ners [1692 3, chaps. 18, 20, 22; 1693, chap.
9; 1694-5, chap. 22; 1695-6, chap. 13;
3698, chap. 10], ......

Chapter 7. An act for regulating the size of bricks, .

Chapter 8. An act for further regulation of the ferry be-
twixt Boston and Winisimmit, within the
county of Suffolk [1694-5, chap. 16; 1696,
chap. 14],

Chapter 9. An act for further regulating of the militia
[1693-4, chap 3],

Chapter 10. An act for erecting a new town within the
county of Plymouth, named Pembrooke, .

Chapter 11. An act for reviveing and further continuing an
act for subsisting of eighty souldiers at her
majesty's Castle William [1708-9, chap.

1712-13.— First Session.

Chapter 1. An act for apportioning and assessing part of
two several taxes on polls and estates, pur-
suant to the funds and grants made to her
majesty by the general assembK'- in the
3'earl709,

1710.

June 20,
June 30,

Nov.

1711.

June 8,
June 8,

June 12,
June 12,

Oct. 31,

1711-12.

Mar. 19,
Mar. 20,

Mar. 21,
Mar. 21,
Mar. 21,

Mar. 20,
1712.

Juno 7,

May 31, 1711.
June 29, 1711.

Mar. 1, 1710-11.
Dec. 10, 1713.

June 29, 1714.

Oct. 27, 1712.

May 31, 1713.

Public Acts.

785

List of the Public Acts — Continued.

Date
of passage.

Disallowed
by Privy
Council.

Expired or had its
effect.

1712-13.— First Session— Coji.

695

Chapter 2.

698

C99

700

700
701

703
704

711

71G
717

717
719

Chapter 3.

Chapter 4.

Chapter 5.

Chapter 6.
Chapter 7.

An act for revivhig and further continuing of
several temporary acts which by their re-
spective limitations are near determining
and expiring [1099-1700, chaps. 17, 22;
1701-2, chap. 14, § 2; 1703-4, chap. 4;
1704-5, chaps. 7, 10; 1706-7, chaps. 7, 12;
1710-11, chap. 11],

Second Session.

An act prohibiting the importation or bring-
ing into this province any Indian servants
or slaves,

An act for explanation, and in addition to the
act for keeping of watches in towns, passed
in the eleventh vear of the reign of King
AVilliam the Third [1609-1700, chap. 10], .

Tuird Session.

An act for altering the time for holding the
court of general sessions of the peace and
inferiour court of common pleas, appointed
to be held at Concord and Cambridge, re-
spectively, for and within the county of
Middlesex [1G99-1700, chaps. 1, 2], .

An act to prevent the oppression of debtors
[1702, chap. 8], . •..-.■

An act for erecting a special inferiour court of
common pleas within the island of Nan-
tuckett,

Fifth Session.

Chapter 8. An act in addition to the act fur making
lands and tenements liable to the pavment
of debts [169G, chap. 10; 1G98, chap. 22],

Chapter 9. An act directing how meetings of proprietors
of lands, Iving in common mav be called
[1G92-3, chap. 28, §3; 1G98, chap. 12, §
5],

1713-14.— First Session.

Chapter 1. An act for apportioning and assessing part of
one tax, and the whole of another tax, on
polls and estates, pursuant to the funds and
grants made to her majesty bj^ the general
assembly in the j'car 1709, and part of
another tax made as aforesaid in the year
1710,

Chapter 2. An act granting unto her majesty an excise
upon wines, liquors and other strong drink
sold by retail [1711-12, chap. G],

Chapter 3. An act for reviving and further continueing the
act granting unto her majesty several rates
and duties of impost and tunnage of ship-
ping [1703-4, chap. 4], .

Chapter 4. An act in addition to the act for regulating
fees, made and passed in the fourth year of
the reign of King William and Queen
Mary [1692-3, chap. 37], ....

Second Session.

Chapter 5. An act for holding special courts of assize,
and general goal delivery, ....

1712.

June 12,

Auc

AUE

23,

Nov. 6,
Xov. 8,

Oct. 30,
1713.

Mar. 25,
Mar. 25,

June 17,

June 19,

Aug. 8,

June 29, 1713.

Aug. 31, 1713.

May 31, 1714.
June 29, 1714.

June 29, 1714.

786

720
7-20
721

722
723
723

724
725

72G

729
730

Public Acts.
List of the Public Acts — Continued.

Date

of passage.

Uisallowed
by Privy
Council.

Expire(i or had its
effect.

Chapter 6.
Chapter 7.
Chapter 8.

Chapter 9.
Chapter 10.
Chapter 11.

Chapter 12.
Chapter 13.

Chapter 14.

Chapter 15.
Chapter 16.

738

r40
740
741

741

743

1713-14.— Third Session.

An act to prohibit shooting or firing oflf guns
near the road or highway on Boston neck,

An act against hawkers, pedlars and petty
chapmen,

An act in addition to the law of this province,
entituled "An act for highways," made in
the fifth year of the reign of the late King
William and Qneen Mary [1603-4, chap.
6, § 4],

An act for dividing of the township of Mcd-
field, and erecting a new town there, by
the name of Medway, . . • _ •

An act to prevent the annoying or stopping
up of harbours, and the "unjust taking otf
ballast from the shoar[e], ....

An act for the better securing of the bills of
credit on this province from forgery and
corruption, and for drawing in the ten-shil-
ling and three-and-six-penny bills, .

An act to prohibit the exportation of corn and
grain, etc., and the distilling of niolosses,

An act for regulating the trade with the east-
ern Indians .

FouKTU Session.

An act concerning bankrupts, and for relief of
the creditors against such persons as shall
become bankrupt, . .

An act in addition to the act for upholding and
regulating of mills [1709-10, chap. 3],

An act for the better regulation of swine going
at large; in addition to the act for the reg-
ulating of fences, cattle, &c., and for the
explanation thereof [1693-4, chap. 7],

1714.— FiKST Session.

1713.

Oct.
Nov.

23,
5,

737 Chapter 1. An act for reviving and further continuing
several rates and duties of impost and tun-
nage of shipping, granted unto her majesty
by an act of this court, made and passed
in the second year of her present majesty's
reign [1703-4^ chap. 4], . . • •
Chapter 2. An act granting unto her majesty an excise
upon wines, liquors and other strong drink
sold by retail [1703-4, chap. 5; 1711-12,

chap. G],

739 Chapter 3. An act to prevent causeless arrests, &c.,
■ Chapter 4. An act eniarginc; the pay of the representa-
tives [1G92-3, chap. 38, § 4], .
Chapter 5. An act for a new impression of the bills of,
credit on this province, ....
Chapter G. An act for the more cflectual preventing the
corruption and counterfeiting the bills of
credit on this province, ....
Chapter 7. An act for preserving the harbour at Cape
Cod, and regulating the inhabitants and
sojourners there> . . . ■ •
Chapter 8. An act for apportioning and assessing two sev-
eral taxes on polls and estates, pursuant
to the funds and grants made to her majes-
ty by the general assembly, at their sev-
eral 'sessions in May and October, in the
year one thousand seven hundred and ten,

Nov. 6,

Oct. 24,

Nov.

Nov. 5,
Oct. 31,
Nov. 10,

1713-14.

Feb. 22,
Feb. 22,

Feb. 24,
1714.

June 22,

June
June

June

37,
19,

25,

June 24,

June 17,

June 25,

Nov. 5, 1716.

June 24, 1714.
June 25, 1714.

Feb. 27, 1716-17.

June 27, 1716.

June 29, 1715.
June 29, 1715.

May 31, 1715.

Public Acts.
List of the Public Acts — Concluded.

787

Disallowed

Date

Expired or liad its

TITLES.

by I'rivy

&1>

of passage.

Council.

effect.

1714.— Second Session.

1714.

749

Chapter 9.

An act for preventing and removing of all
doubts and disputes about writts, processes
and precepts issued in the name and style
of her late majesty Queen Anne, and suits

depending thereon,

Oct. 30,

—

_ _

750

Chapter 10.

An act for the making and emitting the sum
of fifty thousand pounds in bills of credit
on this province, in such manner as in the

said act is hereafter expressed, .

Nov. 4,

List op Public Acts the titles of which only are given in this Volume.*

109
109

645

686

An act for ordering the sum of five hundred pounds unto
his excellency the governor for his service and
expence since his amval,

An act for allowing of four shillings per diem unto the
county commissioners ordered to pass into the
several towns of the countys for regulation of the
tax or assessments, amounting, in the whole, to
forty-four pounds eight shillings [1692-3, chaps.
41, 49],

An act for apportioning and assessing of two several taxes,
on polls and estates, pursuant to the funds and
grants made to her majesty by the general as-
sembly in the year 1707,

An act for apportioning and assessing a tax on polls and
estates,

An act for further enforcing and enlarging the act or order
of this court, passed at the session in May last,
against enticing, harbouring, concealing or con-
veying away of deserters, and for a more speedy
prosecution of offenders, . . . . .

An act for the better security and defence of the frontiers, .

An act for the more effectual levying of souldiers for her
majesties service,

1692-3.
Mar. 7,

Mar. 17,

1709.
June 15,

1711.

June 12,

July 20,
Nov. 9,

Nov. 9,

Oct. 27, 1712.
Oct, 27, 1712.

* See postcript at the end of this volume.

788

Private Acts.

LIST OF THE TITLES OF PMYATE ACTS.

Date

Disallowed

ff,

TITLES.

by Privy

of passage.

Council.

1692-3.— Fourth Session.

1692-3.

109

An act for granting unto Jane Hind, widow, a void piece of ground belonging

unto the estate of her son, deceased,

Mar. 7,

■

1694-5.— Third Session,

1694,

203

An act to enable Mrs Sarah Price of Salem, in the county of Essex, widow,
administratrix of the peculiar & proper estate of Cap* John Price,
late of Salem aforesaid, deceased, surviving executor of the last
will and testament of Cap' Walter Price, late of Salem afores'l, dec'd,
to review an action of the case tryed at Salem for the s'l county of
Essex, on the last Tuesday of June in the year of our Lord one
thousand six hundred ninety & one, between John Croad of Salem
aforesii, merchant, executor of the last will and testament of JM^^
Elizabeth Price, late of Salem afores<i, dec<i, plaintiff, and the s<i John

Price, defendant,

Oct. 23,

—

1695-6.— First Session.

1695.

231

An act to enable Abigail Hanniford of Boston, widow, to make sale of an

house & land in Boston,

June 13,

Third Session.

231

An act to enable Samuel Lewis, William Weeks and Thomas Boweman to
review an action at the next superiour court of judicature to be
holden at Plymouth of a case there tryed the fifteenth dav of March,

231

1693, \ . .

An Act to Enable John Carey, merchant, to review a cause tryed at the lii 1

Dec. 6,

superiour court of judicature held at Boston, between EicLu;a

Chauncy and the said John Carey,

Dec. 12,
1696.

1696.— Third Session.

262

An act to enable Lydia Moore, relict and sole administratrix of the estate of
John Moore, late of Boston, tailer, deced. intestate, to sell the right
and priviledge of the said John Moore, in a passage wav Iving at the

north end of the said town of Boston,

Dec. 10,

1697.— Third Session.

1697.

307

An act to enable Benjamin Allin of Relioboth and Hopestil, his wife, to
have a rehearing, at the next court of assize and general goale de-
livery to be held at Bristol, of a judgement or sentence given against
the said Hopestil by the court of quarter sessions held at liristol

aforesaid the 13th day of April, 1097,

Oct. 30,
1698.

1698.— First Session.

362

An act to enable William Peabody jun"", of Little Compton, in the county of
Bristol, to have a new tryal of a cause between him and Major
Benjamin Church of Bristol in the s"! county of Bristol, at his ma''<'s
superiour court of judicature, to be holden at Bristol on the second

Tuesday of September, 1698,

June 13,

Private Acts.

789

List of the Private Acts — Continued.

362

417

454

508
508

541

561

579

600

1698.— Second Session.

An act to enable Ann Jones, widow, relict, and administratrix of the estate
of David Jones late of Dorchester, within the county of Suffolk,
cordwainer, deceased, to make sale of a house and laud belonging
to the said estate, for the benefit of herselfe and son, ....

1699-1700.— rn?sT Session.

An act to enable Samuel Searle, son of Daniel Searle, formerly of the island
of Barbados, Esq"", dec'd, and Jonathan Tyng, Esqf, son and heir of
Edward Tyng, Esqr, deced, to sell a house and land in Boston,

Second Session.

An act to empower Joan Papillio to sell two ten-acre lotts belonging to the
estate of Peter Papillio, late of Bristol, dec'd,

1700-1.— Second Session.

An act to enable Thomas Coram of Boston, sh'.pwright, to prosecute the ap-
peals by him made from several judgements given against him in
the inferiour court of common pleas holden at Bristol Dn the second
Tuesday of Januarj', 1700, at the nes'. superiour court to be held for
the county of Bristol,

An act enabling John Burnaby of Boston, merchant, to have a tr>-al of his
appeal from the judgement of Penn Townsend, Esci', one of his
matys justices of the peace, at the next court of general sessions of
the peace, to be holden at Boston for the county of Suft'olke,

Date

of passage.

1702. — Second Session.

An Act to enable Samuel Sewall, Esqr and Hannah his wife to settle certain
lands at Muddy River, in the county of Sufiblke, upon Samuel Sewall
their eldest son, •

An act impowring persons to make sale of a messuage and lands in Cajn-
bridge, belonging to the heirs of Nathaniel Gookin, clerk, deced,
being minors,

1703-4.— First Session.
An act for reversing the attainder of Abigail Faulkner & others,

1704-5.— Third Session.

An act to enable Susanna Codner (late Young) sole executrix of the last
will and testani* of William Parsons, late of Boston, slej'-maker,
deced, to sell the house & land of the s<i Wilham Parsons, to
pay his just debts,

1705-6.— Third Session.

An act to dissolve a judgem' of the inferiour court of common pleas within
the county of Essex, in the case of Erasmus James vs. Robert Bart-
lett & others,

1706-7.— First Session.

An act for imprisoning William Rouse, Samuel Vetch, John Borland, Roger
Lawson, Ebenezar Coffin & John Phillips, jun', . . . .

Second Session.
An act for the punishing of John Borland, merchant, for high misdemeanour,

1698.

Dec. 2,
1699.

July 14,

1699-1700.

Mar. 23,

1700-1.

Mar. 12,

Mar. 12,
1702.

Nov. 21,
Nov. 21,

Disallowed
by Privy
Council.

1703.

July 27,

1704.

Nov. 17,

1705.

Nov. 16,

1706.

July 13,

Sept. 3,

1707.

Sept. 24,

790

Private Acts.

List of the Private Acts — Concluded.

Date
of passage.

Disallowed
by Privy
Council.

600
600
600

600
600

636
686

704

704
704

1706-7.— Second Session — Con.

An act for the punishment of Samuel Vetch Esqf, for high misdemeanour.
An act for the punishm' of John PhilHps, jun"^ for high misdemeanour,
An act for the punishment of Ebenezer Coffin, man-iner, for high misdemean-
our,

An act for the punishment of William Rouse, mariner, late commander of the
sloop Anne, a flagg of truce, in the immediate service of her
ma'ys governm' of this province, for high misdemeanour, .
An act for the punishm' of Roger Lawson, merch', for high misdemeanour.

1711-12.— Fifth Session.

An act for vesting a certain strip of land in Boston in Ezekiel Lewis, gent, &
his heirs, . . .

Sixth Session.

An act impowring Simon Willard, administrator de bonis non administratis
cum testamento annexo, of Thomas Downing, late of Salem with-
in the county of Essex, merchant, deced, to recover and receive the
goods, chattels, rights and credits of the said dec'd, ....

1712-13.— First Session.

An act impowring Theodosia Sherman (late Clarke) Thomas Mawdsley and
Ebenezar Mawdsley, guardians of the four children of John Mawds-
ley and Hannah his wife (late Clark) both deceased, being minors,
to make sale of land,

Second Session.

An act for taking off the entaile and vesting the fee simple of a piece of
land in Boston, in John Clarke, Esq"", and his heirs, the present ten-
ant in taile, for an equivalent propos'd,

Thied Session.
An act for settleing the lanos of Justinian Holden, late of Cambridge dec<i.

1706.

Sept.
Sept.

Sept.

1711.

Nov.

1711-12.

Mar. 20,

1712.

June 12,

Aug. 22,

Oct. 30,

1707.

Sept. 24.
Sept. 24.

Sept. 24.

Sept. 24.
Sept. 24.

Resolves.

791

RESOLYES.

Acts relating to the
general subject-mattek.

Year.

Chapter.

103 1 1092-3,
360 169S,

1099-1700,

418 i 1099-1700,
418 1099-1700,

1699-1700,
1C99-1700,
1099-1700,

4 J I) 1099-1700,
4-20

1700-1,

1701-2,
1701-2,

1703-4,

1703-4.

28, § C,
4, .

1,2,

1,2, ,
1, 2,

11, .
18, .
18, .

1099-1700, I 18,

26, ._ .

24, . .

2, §2,
2,3,4,

4, . .

7, . .

12, . .

SUBJECT OF THE RESOLVE.

Resolve confirming a grant of XI, 000 by the town of Bos-
ton for repair of fortifications, &c.,

Resolve approving and ratifying the governor's proclama-
tion calling a session of the general court at Cam-
bridge instead of Boston,

Resolve or order removing tlie December term of the court
of sessions and the court of common pleas, in
Middlesex, from Charlestown to Concord, .

Resolve or order removing the March term of the same
courts from Charlestown to Concortl, .

Resolve or order for adjourning the term of the sessions and
common pleas to be held on the last Tuesdaj' of
December at Salem, in the county of Essex, to
the third Tuesday in January following,

Resolve detennining how the expense of repairs on the
great bridge in Cambridge over Charles River
shall be defrayed,

Resolve authorizing the transporting part of the militia out
of the province in the vacancy of the general as-
sembly,

the same,

the «ame, .......-•

Resolve ratifying the doings of assessors irregularly chosen,

Resolve or order regulating the deliverj' of letters bj' ship-
masters,

Resolve appointing a committee to consider methods for the
revival and support of trade, &c., and the dis-
covery of some medium of trade to supply the
scarcit}^ of money,

Resolve legalizing writs and processes not properly tested, .

Resolve or declaration changing the style of writs and pro-
cesses upon the accession of Queen Anne, .

Resolve continuing the rates and duties of impost, excise
and. tonnage of shipping,

Resolve providing for the payment of debentures for sol-
diers' wages,

Resolve declaring void all bills or blanks taken for the re-
lease or exchange of soldiers, . . . .

Resolve requiring executors to file bond, return inventory,
&c., and exempting them from personal liability
for debts, •

Resolve or order continuing the cruise of the province gal-
ley, and tor the purchase of a sloop for the pro-
tection of the trade of the province, _.

Resolve or order for punishing such as shall entice away or
conceal enlisted soldiers or seamen,

Resolve or order regulating the making and assize of bricks,

Resolve forbidding Joseph Marion, of Boston, to act as a
public notary,

Resolve for emitting .£10,000, in bills of public credit; and
for granting a tax of £10,000, ....

Resolve for printing and emitting £5,000, in bills of public
credit; and tor granting a tax of £10,000, .

Resolve for emitting £7,000, in bills of public credit, .

Resolve for emitting £12,000, in bills of public credit; and
for granting a tax of £12,000, ....

Resolve for emitting £8,000 in bills of public credit; and
for granting a tax of £8,000, ....

Resolve for printing £5,000 and emitting £10,000 in bills of
public credit ; and for granting a tax of £10,000,

Resolve for emitting £8,000 in bills of public credit; and
for granting a tax of £10,000, . . . .

June 13, 1706.

Nov. 7, 1721.

Nov. 14, 1721.
Mar. 0, 1721-2.

Dec 15, 1727.
June 13, 1700.

June 30, 1701.
June 9, 1702.
Nov. 19. 1702.
Aug. 20, 1709.

Sept. 9, 1703.

June 25, 1700.
Feb. 17, 1702.

Jlay 30, 1702.

June 8, 1703.

Dec. 3, 1705.

Mar. 23, 1701.

July 31, 1703.

Nov. 4, 1709.

June 12, 1711.
Nov. 10, 1711.

Dec. 17, 1720.

Dec. 2, 1703.

June 30, 1704.
Aug. 17, 1704.

Nov. 18, 1704.

Feb. 27, 1704-5.

June 30, 1705.

Dec. 3, 1705.

792

Resolves.

List of the Mesolves — Continued,

Acts kelating to tee
general subject-matter

Chapter.

SUBJECT OF THE RESOLVE.

581

601
601

601

617
617

634
635

635
645

646

668

668
668

686

687
687
707

707
707

733

Resolve for emitting £4,000 in bills of public credit; and a
tax granted to be estimated by general court at
next session,

Resolve for emitting £10,000 in bills of public credit; and
for granting a tax of £10,000, ....

Resolve for printing £10,000, and emitting .£20,000 in bills
of public credit; and for granting a tax of
£18,000, ' .

Resolve for printing £6,000 and emitting £10,000, in bills
of public credit; and for granting a tax of
£10,000,

Resolve for printing £0,000 and emitting £10,000 in bills
of public credit ; and for granting a tax of £10,000,

Resolve for printing £10,000, and emitting £20,000 in bills
of public credit; and for granting a tax of
£20,000,

Resolve for emitting £14,000 in bills of public credit; and
for granting a tax of £14,000, ....

Resolve for printing £10,000 and for emitting £15,000 in
bills of public credit; and for granting a tax of
£15,000,

Resolve for emitting £3,000 in bills of public credit; and
for granting a tax of £3,000, ....

Resolve for printing £30,000 in bills of public credit; and
emitting £15,000 thereof together witii £10,000
in bills formerly issued, .....

Resolve for emitting £15,000 in the bills of public credit
last printed, and £3,000 more in bills formerly
issued; and for granting a tax of £18,000, .

Resolve for emitting £3.000 in bills of public credit; and
for granting a tax of £3,000, . . . .

Resolve or order for printing £25,000 of bills of public
credit,

Resolve for emitting £13,000 in bills of public credit; and
for granting a tax of £13,000. ....

Resolve for printing and emitting £15,000 (no tax granted,)

Resolve for exchanging £15,000 of the twenty-shillings
bills, and emitting £10,000 of new bills and
£6,000 of bills of public credit formerly issued ;
and for granting a tax of £16,000,

Resolve for printing £15,000, and emitting £10,000 in new
bills, and £15,000 more in bills of public credit
formerly issued; and for granting a tax of
£25,000,

Resolve for emitting £5,000 in new bills of public credit, to-
gether with, £3,000 more in bills formerly issued;
and for granting a tax of £8,000,

Resolve for printing and emitting £7,000, in bills of public
credit, and for emitting £5,000 more in bills for-
merly issued; and for granting a tax of £12,000,

Resolve for printing £5,000, in bills of public credit, and
for emitting £3,000 thereof together with £6,000
more in bills formerly issued; and for granting a
tax for £9,000,

Resolve for printing and emitting £7,000 in bills of public
credit, and for emitting £3.000 more in bills for-
merly issued; and for granting a tax of £10,000,

Resolve for printing and emitting £2,623, IQs. %d. in bills of
public credit, and for emitting £1,376, 3s. 6rf. in
bills remaining unissued of the bills made to be
lent in aid of the expedition against Canada*;
and for emitting a further sum of £2,000 in bills
formerlv issued ; and for granting a tax of £6,000,

Resolve for emitting £808 of the £15,000 printed for ex-
changing the twenty-shillings bills ; and the fur-
ther sum of £0,132, in bills of public credit
formerly issued; and for granting a tax of £7,000
[See Resolve of Nov. 11, 1710,] ....

Apr. 12, 1706.
July 9, 1700.

Dec. 7, 1700.

Mar. 22, 1700-7.
June 12, 1707.

Nov. 28, 1707.
July 3, 1708.

Oct. 29, 1708.
Feb. 26, 1708-9.

June 18, 1709.

Nov. 8, 1709.

Feb. 10. 1709-10

June 29, 1710.

June 23, 1710.
July 28, 1710.

Nov. 11, 1710.

June 13, 1711.
Nov. 3, 1711.
Mar. 19, 1711-12.

June 13, 1712.
Oct. 29, 1712.

Mar. 21, 1712-13.

June 16, 1713.

* See postcript at the end of this volume.

Declaratory Resolves.

793

List of the Mesolves — Continued.

Acts Relating to the
general subject-matter.

Chapter.

SUBJECT OF THE RESOLVE.

733
752

Resolve for emitting X7,000 in bills of public credit; and
for granting a tax of ^7,000, ....

Resolve for emitting i?4,000 in bills of public credit; and
for granting a tax of ^£4,000, ....

Resolve for emitting .£10,000 of the bills of public credit
printed to carry out provisions of 1713-14, chap.
11,* but never issued; and for granting a tax of
£10,000,

Nov. 6, 1713.
June 22, 1714.

Nov. 5, 1714.

Declaratory Resolves.

107

108
108

108

363

364

418

1692-3,

1692-3,
1692-3,

1692-3,

1698,
1698,

1698,

1699-1700,

22, §§1,6,

28, §4, .

28, §6, .
28, §6, .

38, §6, .
46, §9, .

11, §2,

12,

Resolves declaring that the penalty in the first section of
the act for the- better observation and keeping the
Lord's day extends to such as neglect religious ex-
ercises as well as to such as engage in labor or rec-
reation, and that the power of restraint given to
justices, &c., by the 6th section, includes the
power to imprison or set in the cage or stocks.

Resolve declaring that the words "rateable at twenty
pounds estate," &c., in the fourth section of the
act for regulating of townships, choice of town of-
ficers and setting forth their power, extend to
freeholders as well as otlier inhabitants.

Resolve declaring that towns have, by law, authority to
raise money for their fortification and defence,
with the approbation of the governor, .

Resolve that the sixth section of the act for regulating of
townships, &c., refers to town and county assess-
ments, both for persons and estates; and that
real estate is to be assessed to the tenants or oc-
cupants thereof, only, under the same provisions
respecting landlords and tenants, as the law di-
rects for province taxes, .....

Resolve declaring the doorkeeper of the general court and
the messenger of the house of representatives
to be exempt from arrest, &c., during the sessions
of the assembly, under the sixth section of the act
for ascertaining the number ami regulating the
house of representatives, .....

Resolve declaring that non-resident church members have
no right to vote in the calling or settlement of a
minister or in continuing or separating from such
minister under the act for the settlement and sup-
2X)rt of ministers and schoolmasters or the acts in
addition thereto,

Resolve declaring that the erection of a court house or
school house in any street, so that a passage way
twenty-five feet wide be left on each side thereof
is not a violation of the act to prevent incroach-
ments upon highways, streets, &c., ....

Resolve declaring that a poor prisoner for debt, who has re-
ceived from the court of sessions a warrant for his
discharge, is exempt from imprisonment for any
other debt contracted previous to his taking the
oath prescribed by the act for the relief ana re-
lease of poor prisoners for debt, ....

Resolve declaring that the duty of fence viewers extends
to setting np and repairing defective fences
around private enclosures upon the request of
any interested party, under the act for regulating
of fences, cattle, &c., and the act in addition
thereto,

Resolve declaring that the bond for good behavior re-
quired by the third section of the act for holding
of courts of general sessions of the jyeace, &c., is
to be given by none but a person convicted and
sentenced for crime, and his sureties, .

June 22, 1704.

Dec. 1, 1720.
June 13, 1706.

Aug. 15, 1707.

June 20, 1727.

Apr. 16, 1735.
Nov. 9, 1702.

Dec. 1, 1720.

Dec. 12, 1724.
July 2, 1708.

100

See postscript at the end of this volume.

794

Resolves by the Council.

List of the Declaratory Hesolves — Concluded.

Acts relating to the
general subject-matter.

SUBJECT OF THE RESOLVE.

Date.

|1^

Year.

Chapter.

420

454

487

601
732
732

733

1699-1700,

1700-1,
1701-2,

170G-7,

1713-14,
1693-4,

1713-14,

1713-14,
1693-4,

26, . . .

4, . . .
9, . . .

4, . . .

8, . . .

6, . . .

15, . . .

16, . . .

7, . . .

Resolve declaring that the clause in the ninth section of the
act directing Ima rates or taxes to be granted by the
general assembly shall be assessed and collected, re-
quiring an oath of assessors, &c., extends to the
assessors of precinct, district and parish rates, _ .

Resolve declaring that the act providing for posthumous chil-
dren, extends to gi-andchildren of the testator, .

*Resolve declaring that justices of the peace are authorized,
liy the act providing in case of sickness, to remove
infected persons to separate 'houses, with the ad-
vice and direction of the selectmen,

Resolve declaring that the saving clause in the first section
of (he act for erecting of a jymvder-house within
the toicn of Boston, relates to all the gunpowder
belonging to the province,

*Resolve declaring that by the act for highways and the act
in addition thereto, the verdict of a jury regularly
impaneled, assessing damage, is final, and that
the justices must enter judgment accordingl}', .

Resolve declaring that the act in addition to the act for tip-
holding and regulating of mills provides a sufficient
remedy for flowage by mill dams, &c. ; provided
the quantity of land or meadow ilowed be small,
and that it be not flowed by the stopping of pub-
lic rivers belonging to the province,

Resolve declaring that a hogreeve is a competent witness
under the act for the better regulation of swine
going at large, &c., notwithstanding his interest
in the fine or forfeiture,

Mar. 18, 1720.
June 13, 1718.

June 29, 1722.

Mar. 27, 1722.

June 22, 1727.

Dec. 31, 1722.
Dec. 20, 1722.

Votes and Orders.

508
602

617

667
732

1702,

1710-11,
1713-14,

752 1714,

12,
4,
4,

Vote electing committee to sign bills of public credit, .

Order for furnishing soldiers with firearms for her majesties
service,

Order for exchange of £2,000 in bills of credit (See Resolves
for printing and emitting bills of public credit,
ante),

Order respecting the printing of bills of public credit, .

Vote electing public notaries,

Vote establishing the pay of representatives.

Nov. 21, 1702.
Dec. 3, 1700.

Aug. 16. 1707.
June 29, 1710.
Nov. 11, 1720.
June 3, 1714.

BE SOLVES BY THE COUNCIL.

Resolve for fitting out a vessel to cruise in Martha's Vine-
yard Sound for the security of coasting vessels, .

Resolve or vote dismissingthe petition of certain Boston min-
isters for exemption from the provisionsof section
four of the act to prevent incestuous marriages.

Resolve or vote against providing by law for the trial of pi-
rates and privateers before a court of admiraltv.

Resolve or vote refusing to strike out a clause in the billfoi-
incorporating Harvard College, excluding all per-
sons but Presbyterians and Congregationalists
from the office of president, vice-president or
fellow,

Mar. 7, 1692-3.

July 8, 1700.
June 29, 1699.

July 18, 1699.

Declaratory 'Resolves.

Resolve declaring that estates tail general do not descend to
all the heirs at law as do estates in fee simple,

Dec. 10, 1723.

* This resolve originated in the House of Representatives, and was "read " in the Council, and there is
no record of non-concurrence ; it is therefore included with the joint resolves.

Kesolves by the House of Representatives.

795

Declaratory Resolves — Concluded.

Acts relating to the
geneeal sdbject-matteb.

SUBJECT OF THE EESOLVE.

Date.

Year.

Chapter.

418
455

487

509
541

1G99-1700,
1700-1,

1701-2,

1702,
1703-4,

1, . . .

23, §4, .

6, . . .

11, . . .
4, . . .

Resolve declaring that the court of assize and general gaol
delivery, and the courts of sessions are not re-
stricted to the penalty prescribed in chap. 18,
sect. 7, of the acts of 1692 3, . . . .

Resolve declaring that the words " and have not removed,"
&c., in the fourth section of the act directinq the
admission of town inhabitants, apply to freeholders
as well as other inhabitants, ....

Resolve that trials by review are equally for the benefit of
plaintiff and defendant; and that two trials al-
lowed to either are all that the act permits, .

Resolve that the commissioners of sewers are authorized to
demolish mill dams,

Resolve that the iidiabitants of Bristol are not exempt from
the duties of impost, &c, laid by the general as-
semblj'; that their former exemption ceased with
the colonial government of Plymouth by which it
was granted; and that their alleged exemption
from the duty of entering and clearing vessels is
contrary to several acts of Parliament,

June 3, 1718.

Dec. 2, 1720.

Nov. 6, 1705.
Dec. 31, 1722.

July 24, 1703.

BE SOLVE 8 BY THE HOUSE OF BEPBE8ENTATIVES.

108

418
487
487

509

1692-3,

1699-1700,

1701-2,

1702,

28,

§4, •

§1, •

11.

11,

Resolve declaring that a majoritjr of the voters present at a
town meeting is sufficient for the election of town
officers,

Resolve declaring that the superior court of judicature has
no authority to issue writs of mandamus,

Eesolve declaring that both parties, plaintiff and defendant,
are entitled to bring one review in each court,

Resolve declaring that the law provides that all contracts
with Indians, concerning lands, timber, fences,
&c., are void, unless licensed by the general as-
sembly,

Resolve that commissioners of sewers have no authority to
demolish mill dams,

June 5, 1725.
Sept. 18, 1729.
Nov. 6, 1705.

June 5, 1703.
Dec. 31, 1722.

GENERAL INDEX.

[797]

INDEX.

ABATEMENT. ( See Nuisances, Pleadings, Taxes.)
ABSENT DEFENDANT. (See Debtors. J

actions against to be continued two terms if

defendant has not been served, . 448

execution or writ of seizin upon default not to
issue until plaintiff shall have giv-
en bond, &c 448

sureties on bond not liable after twelve months, 448

real estate taken on execution against not to

be alienated within twelvemonths, 448
ACCOUNT. ( See Administrators, Executors.)

action of, allowed (see Legacy), .... 530
ACTIONS. (See Absent Defendant, Appeals,
Courts, Default, Dower, Fees, In-
dians, Limitations, Konsuit, Plead-
ings, Revieiv, Sureties, Writs), and
see Resolves, pp. 794-5.

jury, all questions of fact in, to be tried by, 74, 2S6

Not tobe brought (1) to charge any executor
or administrator upon any special
promise to answer damages out of
his own estate ; —

(2) to charge the defendant upon any spec-

ial promise to answer for the debt,
default or miscarriage of another ; —

(3) to charge any person upon any agree-

ment made upon consideration of
marriage ; —

(4) or upon any contract for sale of real

estate or any interest therein; —

(5) or upon any agreement not to be per-

formed within one year from the
making thereof: —
unless the agreement upon which
such action is brought or some
memorandum or note thereof is in
writing and signed by the party to
be charged, or by some person au-
thorized by him, . . . .40

qui tarn authorized, 32, 33, 50, 51, 71, 88, 97, 98, 114,
116, 117, 119, 120, 134, 139, 141, 142, 147,
150, 153, 154, 157, 158, 108, 191, 192, 211,
220, 224, 226, 231, 2.39, 250, 253, 256, 268,
276, 277, 294, 306, 314, 327, 329, 333, 351,
385, 397, 399, 423, 424, 427, 431, 435, 473,
474, 477, 481, 508, 514, 516, 529, 531, 575,
578, 579, 595, 610, 633, 664, 681, 720, 721,
723, 724, 725, 742.

In colonial courts, how reviewed, . . 143

Before a justice of the peace, what and

how brought, . ... .75, 282

In superior court of judicature and courts of
common pleas, how brought and
conducted, . . .75, 280, 373, 464

ACTIONS— con«7i«ec?.

Judgment upon default in, when to be en-
tered, 464

Appearance in may be made by parties or by
such assistants, not oflensive to the
court, as they may choose,

75, 287, 374, 467
not more than two sworn attorneys allowed

in any case, . . . 022, 7.39

Against soldiers in service not to be brought
during term of enlistment for debts
contracted while in the service, . 560
how barred in such case, .... 560
By foreign plaintiff, plaintiff to give bond

for costs before action brought, . 222

condition of bond, 222

clerks of courts to take such bond before

issuing writs, and fee therefor, . 222
want of such bond may be pleaded in abate-
ment, 223

attorneys in such case liable, . . . 223
Not to abate by reason of circumstantial er-
rors in writ or pleadings, 75, 287, 374, 464
Amendments in, to be allowed on motion, . 404
Costs in, before justices of the peace, how as-
sessed and collected, . . . 283
to be assessed against plaintiff discontinu-
ing or nonsuited, .... 464
no costs for first trial allowed in review
wherein judgment is reversed upon
new pleadings or evidence, . . 285
fee for one attorney only to be taxed in

any case 287,374,467

and for sworn attorneys only, . . 467
double costs allowed to poor debtors, &c.,

331,373
New trials, when and upon what terms grant-
ed, 286, 372, 373

For flowage of lands barred by verdict of sher-
iff's jury duly returned, allowed

and recorded, 729

and action of debt to lie on verdict, . . 729
Discontinued by disallowance of acts of as-
sembly, revived, . . . 375, 459
ACTS. (See Parliament, Privy Council), and
see List of Piuvate Acts, pp.
788-790.
publication of 1710-11, chap. 12, ordered, . . 067
(Sec Preface, p. XXV., note.)
ADDINGTON, ISAAC.

appointed first Secretary of the province, . 11
ADJOURNMENT.

Of general court, power of vested in the

governor, 12

800

Index.

AT> J OXmNM^NT— continued.

Eepresentatives empowered to adjourn

themselves not exceeding two daj^s

without leave of the governor, . 23

Of superior court of judicature and courts of

common pleas, when and how to

be made, 190

ADMINISTRATION. (See Administrators,
Estates of Persons Deceased, Ex-
ecutors.)
on the estates of intestates, how and to whom

granted, 44

judge of probate, &c., to take bond of ad-
ministrator, 44

to distribute real and personal estate

of intestates, 44

rules of distribution, . . . .44
with the will annexed, when and to wliom

granted, 45

ADMINISTEATOES.

appointed under the colonial governments, to
account to the judges of probate,

&c., 45

bonds of to be put in suit by judges of pro-
bate, &c., 45

Widow or next of kin, or both, to be ap-
pointed as judge of probate, &c.,

shall think fit, 44

To give bond according to provisions of 22

and 23 Car. II., chap. 10, . . . 44
Not chargeable in their own estate upon
any special promise to answer dam-
ages, &c., unless in writing signed,

&c., 40

nor in their own person or estate for the
debts of intestate, except after sug-
gestion of waste, &c., and upon

scire facias, 630

"Writs against to run only against goods and

estate of intestate in their hands, 536
To pay debts, &c., in specie, if possible, . 537
otherwise in goods, &c., as appraised, as

the creditor may choose, . . . 637
Of insolvent intestates, to represent condi-
tion of estate to judge of probate,
&c., before payment of any debts, 48
except debts due to the crown, expenses of
the last sickness and funeral charg-
es, 251

not to be sued pending proceedings by

commissioners, . . . .48, 252
Sales of real estate by, for payment of
debts, authorized under license
from superior court of judicature,

69, 254
where personal assets are not sufficient, 09, 254
of so much as is necessary for payment of

debts, 09, 254

Deed of administrator, so licensed, to

pass title, 09, 264

debts due to the crown being first paid or

secured, 254

Of deceased constables and collectors to
make up and settle intestate's ac-
counts of taxes collected, . . 411
within two months after decease of con-
stable, &c., 4U

to be chargeable with amount collected, . 411
failing to settle accounts within the time
limited, to bo chargeable with the

ADMlNISrCB. AT OnS— continued.

whole tax committed to their in-
testate for collection, , . , 412
ADMIKAL,

High, commissions of admiralty to issue

under seal of, &c., .... 19
Vice, governor and, to issue warrants for
searching ships for tar, &c., iUe-

gally shipped, 574

ADMIRALTY. (See Fees, Sea. J

jurisdiction in, reserved to the crown, . . 19
commissions of, to issue under the great seal
of England or the seal of the
high admiral, or commissioners
for executing the office of high ad-
miral, 19

ADULTERY.

how punished, 171

parties cohabiting after divorce, or declaration
of nullity of marriage, to be
deemed guilty of, ... . 209
ADVANCEMENTS.

to chDdren of intestates to be deducted in dis-
tribution of estates, . . . .44
(See Distribution.)
ADVENTURES. (See under Impost, allowance on

bills of stores.)
AGE.

Of consent. (See Marriage.)

Of discretion, declared to be fourteen j-ears

and upwards 53

AGENTS. (See Colony.)
AID. (See Privileges.)

not to be laid or levied but by act of the gen-
eral court, 40

ALARM. (See Militia, Service.)

military, how given, 132

penalty for giving false alarm, . . 1.33, 208, -397
ALE. (See Excise, License.)

excise on 32, 57, 103, 272, 344, 391, 392, 433, 4.34, 470,
528, 002, 710, 7.38

to be paid by brewers, 502

ALIMONY. (See Divorce.)
ALLEGIANCE, (See Oaths of Allegiance and

Supremacy.)
ALLEN, SAMUEL.

his claim excepted in province charter, . . 10
ALLOWANCE.

to widow and family of deceased, . . . 65U
not to be assets in hands of administrator

or executor, 052

AMENDMENTS.

of writs, indictments and pleadings, to be
allowed on motion made in court.
(See Pleaclings.) .... 4(14
AMERCIAMENTS.

estreats of, when and how to be delivered to

the sheriff, 127

AMESBURY, (See Frontiers.)
AMMUNITION. (See Militia, Poivder.)

stock of in towns, how to be provided and re-
newed, 1-31

for the province, taxes granted for procur-
ing, .... 258,278,301,413
(See Service, Taxes.)
ANDROS, SIR EDMUND.

tax granted for payment of soldiers employed

under, 483

ANNE, QUEEN. r-S'ee Style, Writs.)
ANIMALS, BRUTE. (See Cruelty.)

Index.

801

APPAREL. (See Vessels.)

Wearing, of one sex not to be worn by per-
sons of the opposite sex, and pen-
alty

necessary, exempt from seizure on execu-
tion,

from distress for taxes, ....
of bankrupts, from sale or distribution
by commissioners, ....
Defacing or attempting to deface women's,
in the streets, &c., how punished,
punishment on second conviction,
testimony of party assaulted, to be re-
ceived, &c.,

APPEALS. (See Dukes .County , Execution.)
To the king in council, . 15, 76, 145, 285, 373,
to be taken within fourteen days after

judgment

appellant to give security, amount and

conditions thereof, ....

execution to be stayed after security given,

&c.,

From the colonial courts, to be prosecuted
in supenor court of judicature, CO,
proceedings in such cases, ....
From judges of probate of wills and for
granting administrations, to lie to
governor and council, 45, 101, 252,
security to be given by appellant to pro-
secute appeal, . . .45, 252,
From justices of the peace to inferior
courts of common pleas in civil

cases, 72,

appellant to recognize to prosecute appeal,

&c., 72,

and bring up copies of the whole case,

72,
each party allowed to plead and prove new

matter 72,

appellant to have no costs for first trial Lf
judgment on appeal is reversed
upon new pleadings or evidence, 72,
reasons of appeal to be given by appellant
in writing to the justice appealed
from, seven days before the sitting
of the court appealed to, .
complaint for affirmation of judgment
against appellant failing to prose-
cute, to be entered in the court to
which the appeal was taken, .
attested copies of judgment, appeal and
recognizance to be produced by

complainant,

judgment to be affirmed with costs, &c., .
and execution awarded, ....
taxable costs on complaint, to be the same
as in any other action, .
Upon pleas in bau or abatement, pro-
ceedings upon an appellate court,
537,
such pleas to be made originally, before
the justice, .... 537,
court may reverse the judgment of a jus-
tice abating the writ and award
full costs to appellant, . . 537,
and remand the case to the justice for trial,

537,
attachment and recognizance in such case
to hold good notwithstanding ap-
peal, &c., 537,

101

332
412

727

674
.674

674

466

101
CO

431
431

283
2S3
283
283

283
283

44C
446
446

446

5.38
538

538
538

538

APPE A LS —continued.

To COURTS OF GENERAL SESSIONS Of the

peace in criminal cases, . . 217, 368
allowed after sentence by a justice of the

peace, 217,368

except to mariners prosecuted for de-
serting or absenting themselves, . 217
if claimed at the time of declaring sen-
tence, 217

appellant to recognize in a sum not ex-
ceeding £5, to prosecute, &c., 217, 368
within two hours after appeal, . . 217
and in the meantime to be of good be-
havior, 217,368

to remain in custody of officer until

after security given, . . . 217
officer's pay for time and attendance, . 217
appellant to observe the same rules as in
appeals from court of sessions to
court of assize, &c., . . . 369
to file reasons of appeal in the clerk's

office seven days before the session, 217
and attested copies of sentence and evi-
dence, 217

and pay same fee for entry of appeal as
for entry of civil action in common

pleas, 217, 369

and tlie like fee to the jurors, . 217,369
sentence of appellate court to be final, . 368
From inferior court of common pleas to
superior court of judicature,

73, 216, 284, 372, 446, 465
to be entered at the next session of the
superior court in the same county,

73, 284, 372, 4C5
Appellant to recognize to prosecute, &c.,

73, 284, 373, 446
before one or more justices of the court

appealed from, . . 73, 284, 373

before the court, if in session, or before
one of the justices and the clerk out

' of court, 446

within seven days after judgment, . 446
recognizance to cover intervening dam-
ages and costs : remedy against

sureties, &c., 446

scire facias to be brought within twelve
months after judgment upon the

recognizance, 446

to give security to prosecute, and pay all

intervening damages and costs, . 465
failing to recognize within the time, &c.,

to avoid the appeal, .... 446

clerk of inferior court, in such case, to
issue execution, upon demand of
the party for whom judgment was
given, . . . . . . 446

recognizing but failing to prosecute, the

former judgment to be affirmed on .
complaint of party who obtained

it, 446.

complaint to be entered in the court to

which appeal was made, . . . 446
attested copies of the judgment, appeal

and recognizance to be filed, . . 446
taxable costs on, to be the same as in

other actions, 446

for which, and damages, judgment to

be entered, 440

and execution awarded, . . .446

802

Index.

AFFEATiS— continued.

to file declaration of reasons of appeal
with the clerk of the court appeal-
ed from, fourteen days before the
sitting of the court appealed to,

73, 285, 373, 466
clerk of inferior court to note there-
upon, the date of receipt thereof,

373, 466
and file an attested copy thereof, at the

expense of appellant, . . 373,466
and deliver the original declaration,
made up underthe seal of the court,
to the appellant to be entered by
him in the court appealed to, 373, 406
to bring attested copies of all proceedings
in the court appealed from,

73, 285, 373, 465
each party allowed to plead and give in

evidence now matter, 73, 285, 373, 466
appellant to have no costs for first trial if
judgment on appeal is reversed
upon new pleadings or evidence,

73, 285
appeal not to be taken after term time nor

after execution granted, 73, 285, 373
Upon pleas in bar or abatement, proceed-
ings upon in superior court, . . 537
such pleas to be made originally in court

appealed from, 537

superior court may reverse judgment of
inferior court abating writ, &c.,
and award costs of both courts to

appellant, 537

and remand the case to the inferior court

for trial at the next session thereof

in the same county, .... 537

except in suits affecting the crown, which

are to be tried in the appellate

court, 538

attachments and recognizances in such
cases to hold good notwithstand-
ing appeal, &c., .... 537
From courts of general sessions of the
peace, allowed in criminal cases
originally tried in said courts, to
the court of assize and general
gaol delivery, .... 217, 368
appeal to be taken to the term in the same
county held next after sentence,

217, 368
to be claimed at the time of declaring

sentence, 368

appellant to recognize to appear and pros-
ecute appeal, &c., . . . 217, 368
and to be of good behavior in the

meantime 217, 368

(See Eesoi.ves. p. 793.)
to remain in custody of officer until secu-

• rity given, 368

officer's pay for time and attendance, . 368
to file reasons of appeal in the clerk's of-
fice of the court appealed to, . . 368
seven days before the sitting of the

court, 368

to present to the court attested copies of
the sentence, and of all evidence,

&c., -.368

to pay like fees for entry, and to jurors, as

in civil cases, . . . . 368

A.FFEALS— continued.

In York and Hampshire counties, to be

heard at Boston, . . . 211, 533
From conviction by selectmen, of breach of
town by-law, allowed to court of

sessions 218

appellant to give security to prosecute as

in civil cases, 218

town clerks to keep records of proceed-
ings, 218

and to grant copies thereof, &c., . . 218
From commissioners of sewers, . . 507
APPOINTMENT.

Of judges, commissioners of oyer and ter-
miner, sheriffs, provost marshals,
justices of the peace, and other
officers belonging to the council
and courts of justice, to be by the
governor, with the advice and con-
sent of the council, . . . .12
not to be made without seven days' previ-
ous notice to the members of the
council residing within the prov-
ince at the time, . . . .12
APPRAISERS.

Of strays and lost goods, how appointed,

and duties of, . . . . . 326
Of ttie estates of insolvent intestates,
two or more to be appointed by
the judge of probate, . . . 251

to be sworn, .251

Of the estates of deceased persons, when
taken by creditors or legatees, to

be appointed, 537

and sworn, 537

seized upon execution by sheriff, how ap-
pointed, 637

and sworn, 537

(See Estates of Persons Deceased, Executors.)
of the estates of bankrupts, .... 726
APPRENTICES. (See Indians, Innholders,
Poor, Vessels.)
Indians, not to be bound out as, without ap-
probation of two or more justices

of the peace, 436

other provisions concerning, . , . 436
not to be entertained at public houses
with'out order or permission of
master. (See Innholders.)
Poor children to be bound out by select-
men or overseers of the poor, with
the assent of two justices of the
peace, — males until the age of
twenty-one, and females until
eighteen, or marriage, . 67, 508, 654
to include the children of parents who, by
a majority of the selectmen or
overseers, are deemed unable to
maintain them, whether actually
chargeable to the town or not, 538, 654
but not to children of parents who are
assessed for province or town

charges, 538, 654

action of selectmen, &c., to be as effectual
as any indenture, or covenant of
the parties, if of fuU age, &c.,

67, 538, 654
provision to be made for instruction in

reading and writing, . . 538, 654

Index.

803

APPRENTICES— confiwMCfi.

selectmen or overseers to inquire into the
treatment of cliildrcn so bound
by themselves or predecessors, and
endeavor to defend them from
wrongs or injuries, . . . 538, C54
Masters of vessels and. commanders of
privateers forbidden to entertain
or conceal any apprentice without
consent of his master, &c., . . 192
penalty, how recovered and disposed of, . 192
penalty on. apprentice shipping with intent

to leave his master's service, . . 192
APPURTENANCES. (See Massachusetts

Bay.)
ARABLE LAND.

how assessed for taxes. (See Taxes.)
ARMOR, ARMS. (Sez Frontiers, Militia,
Service, Taxes, Towns, Weapons.)
exempt from distress for taxes, .... 412
ARMY. (See Militia, Service.)
ARREARS OF TAXES. (See Taxes.)
ARREST.. (See Prisoner, Representatives.)
act to prevent causeless, C22; continued, 075;

new uct, 739

ARSON. 'How ^wmshed, (See Burning,) . 50,577
ASSAULT. (See Robbery.)

upon women, in fields, streets or lanes, how

punished, 674

defacing their attire or ornaments, or at-
tempting so to do, how punished, . 074
punishment upon second conviction, . 074
testimony of pnrty assaulted to be
received as " one sufficient evi-
dence," 074

ASSEMBLY. (Sec General Court.)
ASSESSMENT AND ASSESSORS. (See

Taxes.)
ASSIGNMENT, (See Trusts.)
ASSISTANTS. (See Council and Councillors.)
ASSIZE. (See Bread, Bricks, Casks.)

Court of, and general gaol delivery.
(Sec Jurors, Superior Court of Judicature.)
habeas corpus, when to be returned before

justices of, ..... 99
to be held by justices of superior court,
whenever in session, for the county
in which they sit, . . . .74
justices of, to have cognizance of all pleas
of the crown and of all matters re-
lating to tlie conservation of the
peace and the punishment of of-
lenders, . . . ' . 74,285, 370
times and places of holding, 74, 285, 2S0, 371
indictments, pleas, &c., in, to be in the

English tongue, . . .287, 374
questions of fact to be tried by jury, 74, 2SG
jurors for, how chosen, 74, 193, 2S6, .371, 372
parties in, may defend in person or by at-
torney, . . . . 7o, 287, 374
appeals to, from the court of general
sessions of the peace in Nan-
tucket to be tried in Suffolk or

Middlesex 371

Special Courts of, to be ordered by the
governor, with the advice and con-

ASSIZE— comKnwcff.

sent of the council, for the trial of
capital offenders, .... 719
precept to be directed to the justices of the
court of assize and general gaol
delivery, . . ... 719

justices to issue venires for jurors as in

other cases, 719

to exercise the powers conferred by the act

establishing superior court, &c., . 719
ATHEISM.

how punished, 297

act to prevent growth of, 597

ATTACHMENT. ( See Debtors, Absent or Ab-
sconding, Writs.)
goods, &«., held on, not to be released before

thirty days after judgment, &c., . 400
ATTLEBOROUGH.

act incorporating, 184

ATTORNEY-GENERAL AND SOLICI-
TOR-GENERAL.
attorney-general exempt from training, &c., . 130
of England, opinions of, 123, 203, 232, 262, 307, 303,
304, 417, 418, 419, 454, 455
ATTORNEYS. (See Fees.)

Parties may appear in court by attorney, to

prosecute or defend, 75, 287, 374, 407
two sworn attorneys only allowed to one

party in any case, . . . 022, 7.39
one sworn attorney only, fee of, to be al-
lowed iu.taxation of costs, . .407
any person not scandalous or otherwise of-
fensive to the court may act as, 287, 374
oath to be taken by all attorneys common-
ly practising in the courts of tl;e

province, 467

form of oath, 467

fee of, in superior court of judicature to be
twelve shillings, and in common
pleas ten shillings, . 185, 287, 374, 407
To endorse writs with surname towards

the bottom, .... 622, 739
in such case to be liable for costs, 622, 739
To draw new writ gratuitously for client
nonsuited by fault or negligence

of, 622,739

Justices of superior court of judicature and

inferior courts of common pleas

not to appear as, in civil causes

previously tried before them, . 577

When liable for support of prisoners on

mesne process for debt, 586, 622, 739
Of absent or absconding debtors, when
they may appear and defend their

principals, 030

proceedings, 6-30

Of foreign plaintiff's, avoiding service of
writ of review, how to be notified

of process, 223

To give security for costs before process

granted, &c., 222

AUCTION.

goods, &c., distrained for taxes, to be sold at, . 410
assets in executor's or administrator's hands,,
seized on execution, to be sold at,
by the sheriff, 537

804

Index.

SADGK

of firewards, to be a red staff, five feet long,
with a bright, brass spire six inches

long, 677

of tithingmen, to be a black staff, two feet
long, tipped with brass three inch-
es, 155,329

of watchmen, to be a staff with a bill, . . 699
captain's to be a quarter-pike, with a spire, . 699
BAIL. (See Bond, Poor Prisoners, Sureties.)
allowed in all cases, except of treason and fel-
ony, debtors comniitted on execu-
tion or persons under sentence, 40
denied to persons convicted of forgery, . . 54

perjury, 54

witchcraft, 91

soldiers duly impressed falling to appear

according to summons, . . . 399
persons committed for non-payment of

taxes, . . . .94, 1C9, 410

persons convicted of breach of license

laws, 191

bankrupts refusing to take the oath, or to

disclose the truth after being sworn, 727
allowed to persons committed on the charge
of treason or felony, if not indicted
at the term next after commitment,

unless, &c., 97

on mesne process, (see Sureties,) . . 127, 576
scircfadas against. (See Sureties.)
on appeals. (See Appeals, Sureties.)
BAKEBS. (See Bread.)

to regulate the weight of loaves, under pen-
alty 253

BALLAST. (See Harbors.)
BANDOLEERS.

to be carried by militiamen, .... 129
BANISHMENT AND SALE.

penalty of, against Indians, .... 530

against negroes 678

BANKBUPTS.

act concerning bankrupts and for relief of their

creditors, 726

Wh-O to be deemed: any merchant, shop-
keeper or other trader absenting
himself from his dwelling ten days
or more, except upon business, . 726
or, (except in case of sickness,) who shall
keep his shop or storehouse closed;
or conceal him- or herself within his or her
dwelling-house or lodgings ; —
with intent to rbscond, and defeat his
creditors of their just debts, . .720
Complaint against to be made in writing
and oath to the governor and

council, 726

by two or more of the creditors, . . . 726
Declaration of bankruptcy may be there-

upon made, 726

Commission of bankruptcy issued under the

seal of the province, . . . 726
to be directed to three or more freehold-
ers, 726

BANKBXJPTS—contmtied.

Coinm.issioners or a majority of them to
cause all bankrupt's estate, real
and personal, in his own or anoth-
er's hands, to be searched and ap-
praised, 726

appraisement to be recorded in one of the
courts of record in the county
where the estate principally lies, . 726
to secure and take possession of the estate, 727
and to sell or divide the same among

the creditors, 727

except necessary wearing apparel

and bedding, 727

orders and sales of a majority of, binding

against the debtor and his heirs, , 727
to account to the bankrupt or his heirs,
&c., for disposition of the property
seized, and pay over the surplus,
deducting charges, .... 727

their allowance, 727

empowered to summon the bankrupt and
other persons for examination up-
on oath touching debtor's estate, . 727
to administer the oaths, .... 727
and to proceed notwithstanding de-
fault of appearance by the bank-
rupt, 727

to commit by warrant under their hands
and seals, persons refusing to
swear or answer, .... 727
conditions of commitment, . . 727
to break open houses, &c., of bankrupt

by themselves or by their deputies, 727
and seize and secure the body and
goods of the debtor, . . .728
Conveyances of real or personal estate,
made with intent to defraud cred-
itors, and without effectual provis-
ion for payment of creditors, &c.,
to be deemed fraudulent, and de-
clared void as against creditors, . 728
not to extend to estate bona fide conveyed
by any merchant, trader, &c., be-
fore bankruptcy, .... 728
Attachments, &c., made by any creditor be-
fore declaration of bankruptcy, to
enure to the benefit of all the cred-
itors, and the property or security
to be distributed accordingly,. . 728
and to be vacated, except for debts to the

crown, 728

Foreign creditors to be allowed reasonable
time, not exceeding twelve months,
in which to present their claims, . 728
unless such creditors have agents or attor-
neys in the province, . . . 728
and if their claims be for debts contracted

within the province, . . . 728
Discharge of bankrupt to be the distribution
of his estate, and a certificate from
the commissioners, or the majority
of them, that he has made a full

Index.

805

BANXBJJFTS— continued.

and fair disclosure and surrender

thereof, 728

may be pleaded in bar of all debts contracted

before the taking of his oath, . 728
Allowance to debtor, in addition to his
wearing apparel and bedding, to
be made by the commissioners, or
a majority of them, with the con-
sent of two-thirds of the cred-
itors, 729

not to exceed five per cent of the net pro-
ceeds of the estate, nor fifty pounds

in the whole, 729

False testimony by bankrupt at his exam-
ination to be deemed and punished

as peijury, 729

BANNERS. (See Militia.)

BANNS. (See Marriage.)

BARGAIN AND SALE. (See Conveyance.)

BARLEY. (See Grain, Malt.)

BARBELS. { See Casks, Tar.)

Half, for liquors and provisions, to be made

in proportion to regular assize, . 49

for tar, 50

BASTARDS.

concealment of the death of, how pun-
ished, 55, 255

children of incestuous marriages, to be

deemed, 209

support of, 52

putative father, proceedings against, . . 52
justice of the peace may bind over to the

court of sessions, . . . .52
BATTERIES. (See Castle.)
BAY, Massachusetts.

a boiindary of the "Colonial territory, . . 2
BAYONETS.

militia to be provided with, .... 684
BEACON. (See Alarm, Militia.)
BEASTS OF THE PLOUGH.

exempt from distraint for taxes, . . . 412
BEDDING.

necessary, exempt from distraint for taxes, . 412
of bankrupt, not to be distributed by com-
missioners 727, 729

of debtor, not to be taken on execution, . . 332
BEEF. (See Casks.)

exportation of prohibited, 277

BEER. (See Excise.)

excise on, 32, 57, 103, 272, 344, 391, 392, 433, 434,476,
528, 062, 716, 738
small, all beer not duly entered for excise, to

be deemed, ..... 513
and to be seized for the province, and paid
for at the rate of six shillings per

barrel, 513

strong, or ale, all beer or ale usually sold at
more than six shillings per barrel,

to be deemed, 513

BEGGARS. (See Idle and Disorderly Persons,

Poor.)
BELLOMONT,

Earl of, governor, grants to, . . 394, 437
BELT.

troopers to be provided with, . . . .129
BENEVOLENCE. (See Privileges.)
BESTIALITY. (See Sodomy.)

how punished, 55, 297

BILBOES. (See Militia, Service.)

BILL. (See Equity.)

suits by, authorized, 30, 33, 76, 97, 98, 99, 116, 133,
134, 148, 150, 210, 229, 243, 250, 276, 287,
300, 314, 323, 324, 327, 351, 374, 399, 427,
431, 474, 578, 579, 698, 723, 731
general issue may be pleaded by prison-keep-
er, defendant in, when, . . . 505
BILLBRICA. (See Bridges.)
BILLETING OF SOLDIERS AND SEA-
MEN,
upon private citizens forbidden, . , . 133
any inhabitant may refuse to quarter sol-
dier or seaman notwithstanding
any order whatsoever, . . . 133
BILLIARDS. (See Gaming.)
BILLS OF PUBLIC CREDIT. (SeeExSise,
Impost, Taxes.) Hesolves pp.
791-3. Votes and Okders, p. 794.
Of the colony of Massachusetts Bay, to be
taken within the province in all
payments equivalent to money, for
the sum expressed therein, . , 36
except in contracts, &c., made before July

5, 1602, 36

to be taken in public payments at five per

cent, advance, 36

lenders of, to the government, to be secured

by the public taxes and revenues, . 36
to have their taxes and other public pay-
ments rebated, 36

and to be reimbursed within twelve

months, 36

to be received from th« lenders by Jeremiah
Dummer and Francis Burroughs,
and by them delivered to the treas-
urer, .36

lent bills endorsed by Dnmmer find Bur-
roughs to be taken in payment of

all rates, &c., 36

all other lent bijls to be taken only in pay-
ment of rates granted before May

14, 1092, 36

to be taken in payment of all taxes and
other public payments at five per

cent, advance, 95

and discount or rebate allowed to lenders
in settlement with the treasurer
for rates, impost or excise, . . 95
to be returned to the treasurer for indorse-
ment or exchange before Sept. 22,

1694, 173

not so returned to be valueless, . . . 173
issued for supply of the province treasury,

146, 173, 188, 201, 215, 230, 250, 232, 454 .
for payment for provisions and clothing,
for furnishing soldiers, for support
of garrisons, for payment of public

debts, 140

for building and equipping the province

galley, 146

to be paid out on the order of the governor

and council, .... 146, 173
to be signed by the treasurer of the prov-
ince, 146, 173

to be out at the value therein expressed, 146, 173
and returned to the treasury at the value

therein expressed, .... 173
at one shilling more per pound,

173, 188, 201, 215, 250, 262
treasurer to keep account of the number

806

Index.

BIIiIiS OF PUBLIC CB,IjI>lT—co7ifmued.
and amount of each bill signed

and delivered, H6

to be redeemed in current silver money of

the province, HG

to be taken by province treasurer and all
subordinate receivers in all public
payments, except excise and im-
post due before June 29, 1C94, . 173

not to be reissued, 504

Of the province, taxes granted for redeem-
ing, . 504, 520, 533, 541, 548, 56G, 589
607,024,658,680, 691, 711
excise granted for redeeming, 504, 540, 062, 710
to be issued for payment of public debts,
* 503, 540

defraying expenses of the war, . .540
supplj'ing province galley, . . . 503
subsisting forts and garrisons, . . 503

hire of vessels for province sert'ice, . 540
paying premiums to volunteers, . . 640
support of the government, . . 503, 540
payments ordered by general court out of

the public treasury, . . . 503, 540
and see Resolves, uf supra.
to be taken in payment of all public taxes,

504, 534, 540
in i^aymcnt of debts contracted between
Oct. 30, 1705 and Oct. 30, 1715, spe-
cialties excepted, . . . .701
and exeaition not to be levied upon

tender thereof, . - . . . . 701
Acts foe making and emitting,

503, 540, 740, 750
1o be printed in denominations of from two

shillings, to fiVe pounds, . 503, 540

to be indented, 503

and stamped with such stamps as the gov-
ernor and council shall devise and

order, 503

and signed by a committee (or any three
of them) chosen by the general as-
sembly, 503,540

form of the bill, 503

committee directed to print £10,000 and to
' sign and deliver £5,000 thereof to

the treasurer as soon as may be, . 503
to sign and deliver £12,000, . . .540
to take treasurer's receipt, . . . 503
to keep £5,000 unsigned in their hands

until further order of the court, . 503

to be sworn, 503, 540

. allowance to for services, . . . 503, 540
province treasurer to issue at the value

therein expressed, . . . 503, 540
according to warrant of the governor,

&c., 504

or committee impowered by the gen-
eral court, 504

and subordinate receivers to receive the

bills at five per cent, advance, 504, 540
To BE rniNTED ON NEW PLATES after

June 28, 1714, 740

number of plates and denominations of

bills, 740

committee named (or any four of them) to

cause to be printed, and to sign, . 740
to deliver them to the province treas-
urer, 740

to take treasurer's receipt, , . . 740

740
741

741

751

BILLS OF PUBLIC CKEBlT—eonfinued.
and deliver the same to the clerk of the
house of representatives for their

discharge, 740

clerk of the house required to give re-
ceipt, 740

and to enter treasurer's receipts in

his book of entries, by themselves,

arid file them for reference, .

allowance to committee for services,

to be issued by the province treasurer for

redeeming bills called in by the

general court, and others that arc

worn and defaced, ....

bills to be exchanged, ....

lined or pasted bills of new impression

declared uncurrent, .

£50,000 TO BE MADE and placed in the

hands of five trustees, to be lent to

the inhabitants of the province,

to be secured by mortgages of real

estate within the province, .

to- be lent in sums not less than £50

nor more than £500, at five per

cent interest, 751

for the term of five years, . . .751
terms of repayment ol principal, &c., . 751
trustees to attend at some stated place
in Boston two days in each week,
in lending the bills to have regard to
the taxes of the several towns,
to make reserve for equal distribu-
tion of the loan among all the
towns, ....
^lortgages to, to run to the first board,
and to such others as shall have
been appointed by the general
court from time to time, . . 751

to be sworn, 751

allowance to, for services, . . .751

namesof first board, 751

profits of loan to go towards defraying

public charges of the province, . 751
Act for exchanging the twenty-shil-
lings bills, 666

twenty-shillings bills of the date of 1702

not to be issued after Nov. 15, 1710, 666
to be exchanged by the treasurer for
other bills, if brought in before
March 1, 1710-11, . . . .666

act, how published, 667

Act for exCiIAngino the ten-shillings

and three-and-sixpci«iy bills, . 7231
after Nov. 14, 1713, tiicse bills declared

uncurrent, 724

to.bc exchanged by the treasurer for
bills of o;lier denomination and
value in the treasury, . . .724
Counterfeiting of, act against, . . 556
penalty on jierson convicted of counter-
feiting or uttcriii,"-, .... 556
penalty for altering bills, .... 557
reward oircred for discovery of person

forging or uttering, . . . .557
for first discovery of false bill or plate, 723
for detection and conviction of maker
of plate or press for forging, , . 723
person confessing and exposing accom-
plices to be pardoned, . . . 723
counterfeit bills to be brought in to com-

Index.

807

SUiLS OF PUBLIC CREDIT— continued.
missioners, &c , before Oct. 18,
1704, not exceeding £70 in the

whole,

person bringing to make oath, &c.,
to be endorsed with the name of the per-
son that brought tlicm in,
and delivered to the treasurer, who is
required to exchange them for good

bills,

commissioners, or either of them, author-
ized to issue warrants for bringing
before them all persons charged
upon oath with having uttered
counterfeit bills, ....
and to administer oath to the person so

charged,

to bind over persons refusing to swear,
justice of the peace to have the same

powers,

false and counterfeit bills to be brought
to the treasurer's office, or to a jus-
tice of the peace, ....
justice of the peace to make inquiry as
to person altering bills, and hold
him for trial if to be found, .
to transmit false bills to the treasurer,
with the name of the person of
whom and the time when received
endorsed thereon, ....
second conviction of making bill or plate,
or altering bUl, made felony and
punished by death, ....
Of the neighboring governments, act
against counterfeiting, .
counterfeiting, altering or uttering of, to
be punished in the same manner
as for bills of the province,
BIRTHS.

registration of, how made,

penalty for failure to give notice of, .
BISCUIT.

exportation of, (See Grain.)
sold by tale, to be marked, &c.,

how to be weighed,

to be dried for ships' use, ....
BIT.

troopers to be provided with

BLASPHEMY.

defined, and how punished, . . .55,
(See note on p. 56.)
BOARDS. (See Lumber.)
BOATS. CSee Ferries.)

not liable to tonnage duty, to be assessed for

taxes,

BOND. CSee Absent Defendant, Equity, Imposts
penal, may be chancered by the courts of com-
mon law, . . 75, U5, 285, 356,
but not the bond of a prisoner for debt, escap-
ing; form of bond, (see Prisoners,)

of sheriffs

BOOTS.

troopers to be provided with, ....
BOSTON. CSee Fires, Nuisances, Seaports.)
Naval ollice established at for port of Bos-
ton and Charlestown, . . 36,
Fires in, acts for preventing and extinguish-
ing, &c., . . . .42, 404,
Buildings in, to be of stone or brick, and
covered with slate or tiles, , 42,

557
557

557

557
557

741
073

073

104
104

253
253
253

129

297

213
)

373

5G5
381

330
077

405

BOSTON— conWnMet?.

except, buildings of eight feet in length and
breadth, and seven feet in height

or less, 42

slaughter-houses, distilleries, chandleries,

and curriers' shops, erected in

places assigned by the selectmen, 59

and other buildings licensed to be built of

wood by the governor and council,

42, 405
wooden buildings to be declared nuisances,

upon conviction of the builder, . 42
to be demolished by the owner, who shall
recognize so to do, or stand com-
mitted, 42

or by court of sessions; at expense of
^ owner, to be levied by distress

upon his goods, 42

penalty for erecting without license, . . 405

grand jury to present, 405

licenses for erection of to be granted by gov-
ernor and council on certificate of
approbation by the justices of the
peace and selectmen, or a majority

of them, 42, 405

to be pulled down or blown up to prevent
the spread of fire, and proceedings

. thereupon, 43, 677

if the fire is thereby stopped, owner to
be paid, and how, unless the fire

began there, 43

Partition wall of brick or stone build-
ings to be built one half on adjoin-
ing land, 43

toothing to be left in the corners, &c., . 43
owner of adjoining land to pay for one

half of the wall, if used by him, . 43
diiTerences arising to be settled by select-
men, 43

Firewards, not exceeding ten, to be appoint-
ed by justices of the peace and se-
lectmen in, 677

their badge of office to be carried at fires, . 077
to attend at fires, and to command assistance
in extinguishing, and removing

goods, &c., 677

to place guards to secure property, . . 077
to require assistance in pulling down and
blowing up houses, or any other
service relating thereto, and to
suppress tumults and disorder, . 677
obedience to each of them required, . . 678

penalty for disobeying, 078

plundering, concealing, or carrying away

goods at fires, how punished, . . 678
Streets in, to be laid out, widened and
straightened by the justices of the
peace and selectmen, after fires, . 42
damages for haying out to be assessed by a

jury, and how paid, . . . .42
jury to be appointed by two justices of the

peace, and sworn, . . . .42
Ministers in, custom and method of choos-
ing, confirmed, 103

Four representatives to be sent to the gen-
eral court from, .... 88
General post-office established at, . . 115
Town house in, act for repairing, . . .135
expense of to be paid one-half by the prov-
ince, one-fourth by the county of

808

Index.

BOSTON—continued.

Suffolk, and one-fourth by the

town, 135

selectmen to keep in repair and render ac-
count of expenses to the governor
and council and court of sessions, 135

Market established in, 237

to be held on Tuesday, Thursday and Satur-
day of each week, .... 237
places of holding, to be fixed by majority of

justices and selectmen, . . . 237
bell to be rung at opening and close, and no
sale allowed after or before bell-
ringing, 237

hours of, fixed, 237

no sale of commodities intended for market

allowed outside, . . . .237
retailers not to buy at, until afternoon, . . 238
country produce to be sold only in the mar-
ket, 238

except to exporters, &c., of grain and
dead provisions, and by butchers
selling in open shops; and grain
or provisions brought in vessels ;
fish, hay, wood, timber, lumber,
pigeons, milk, cider, pease or beans
in the shell, fruit and herbs, . . 238
clerks of, hoAv appointed, and duties, . . 239
to be sealers of weights and measures for

the town, 239

Market court, to be held by any two jus-
tices of the peace in Boston, , . 239

powers and jurisdiction, 239

to proceed summarily, and to give judgment

forthwith, 239

Forestalling, regrating and engrossing, pen-
alty for, 239

Fairs, established on the last Tuesday in May

and October, respectively, . . 238

to continue four days, 238

Warehouses and shops,' to be markets

overt, 2.38

Powder house in, act for erecting, (See

Resolves, p. 791), . . . .588

penalty for storing powder elsewhere, ex-
cept, &c., ...... 588

payment for storage by merchants, . . 588
governor and council to regulate keeping, . 588

keeper of, his duties, 588

charge of keeping, how paid, .... 588
"Weighers of hay, three or more to be an-
nually chosen in Boston by the in-
habitants, C44

to be sworn, and to be paid one penny per

bundle for weighing, . . . O-l-l
■ English and fresh hay to be sold in Boston

by weight, 044

penalty, 644

to be made up into trusses or bundles, and
sold at one hundred and twelve
pounds for a hundred weight, . 644
Taxes, county and town, how assessed,

4CS, 469, 587, 010
Ferry, the ways to the landing of Winnisim-

met ferry to be kept in repair by, . 684
"Wards, or military divisions in, two tith-
ingmen to be annually chosen in
each to inspect their part of the

town, 680

19'eck, penalty for firing off guns on, . . 720

BOTTOMRY.

contracts of, excepted from acts against ex-
cessive usury, 113

BOUND AEIES.

Of Plymouth patent, i

Of Massachusetts. (See Massachusetts Bay J
Of counties, continued as formerly, . . 63
Of towns, to be perambulated, and marks re-
newed, triennially, by two of the
selectmen, or any other two per-
sons whom the selectmen shall ap-
point 04

the selectmen of the most ancient town to
notify selectmen of adjoining towns
of time and place of meeting, . 04
six days' notice required, . . . .04

penalty for neglect, 64

Of common fields, and lands lying unfenced,
proprietors in to run once in two
years, and metc-stones erected, . 04
six days' notice to be given by adjoining

proprietor; penalty for neglect, . 64
BOUNTIES. (See Indians, Servants, Wolves. J
BOWLS. (See Gaming.)
BKADSTBEET, SIMON.

appointed one of the first council, . . . 10
BRANDINO.

offenders punished by, . . .52, 425, 556, 674
BRAND-MARKS.

to be assigned to towns, ... .50

BRANDS.

to be used by coopers n a ngers and packers, 4i9
BRANDY.

ext on, 32, 57, 103, 27?^ 344, 391, 393, 433, 434, 476,
528, 002, 710, 738
BRA"WIiERS, COMMON. (See Idle and Dis-
orderly Persons.)
BREAD.

Assize of, act regulating, .... 252

bakers of loaf-bread to have distinct marks
for their bread, whether made for
sale or for domestic use, . . 252

to be regulated according to medium price of
wheat, and not to vary except upon
the variation of the price of wheat
at least sixpence per bushel, . . 252
table of weights of penny Mhite, penny
wheaten and penny household
loaves graduated by prices of

wheat, 253

penalty for sellin.g loaves of different weight, 253
undersized and unmarked loaves to be
searched for and seized by clerks

of the market, 253

to be forfeited to the use of the poor, . . 253
price of wheat to be publicly posted by se-
lectmen every month or oftcner, . 253
biscuit sold by tale to be made (and marked)

of the size of penny loaves, . . 253
to be weighed by clerks of the market, and
if unmarked or under weight to
be seized, and disposed of as other
forfeited bread, .... 253
BREWERS. CSee Excise )

to use molasses in place of barley and

malt, 724

BRICKS. (See Boston.) Resolves, p. 791.

Assize of, act regulating, 082

not to be less than nine inches in length,
four and one-quarter inches in

Index.

809

BBICKS — continued.

width, and two and one-half inches

in thickness, 682

moulds to be not less than nine and one-
fourth inches in length, four and
three-eighths inches in width, and
two and one-half inches in depth

inside, C82

to be shod with iron, and sealed, . . 682
penalty for selling bricks made in other

moulds, 682

Sealer of, to be appointed by selectmen annu-
ally, 683

to be sworn, 683

to enter brickyards, search and seal
moulds, and break such as are
under size or not properly shod

with iron, 683

kilns to be viewed before setting, . . 683

fees of, 683

Clay for, not to be dug before the tenth day

December, 682

to be turned over in February or March
following; twenty days at least
before working the same, . . 682
BRIDGES. (See Charles- Biver Bridge.)

repaii-s of, to be defrayed by county rate, 63, 64
Billerica bridge, Groton's proportion of ex-

'BB.TDQiSlQ— continued.

pense of building, how assessed

and levied, 405

BKIDLE.

troopers to be provided with, .... 129
BBISTOL. (See Fairs.)

naval office established at, 35

BRITAIN, GREAT. (See Style.)

act declaring the union of, 622

BROOKFIEIiD. (See Frontiers.)
BROOKS. (See Fences, Sewers.)
BUGGERY. (See Sodomy.)
BUILDINGS. (See Boston.)
BULLETS. (See Towns.)

to be carried by railitiamen, .... 129
BULLION. (See Coin.)
BURGLARY (and Robbery.)

how punished, 52

BURNING. (See Arson.)

of ships, buildings and other property, how

punished 56,577,578

BUTCHERS. (See Boston, Nuisanzes.)

forbidden to tan leather, under penalty, . . 312

not to injure hides in flaying, .... 312
BUTTONS.

of gold and silver, impost on, . . . .501
BUTTS. (See Casks.) to contain 126 gallons, . 49
BY-LAWS. (See Towns.)

CABLES.

not to be made of dew-rotted hemp, . . . 474
CAGE.

imprisonment in, . . . . 58, 123, 191, 324
may be set up in the highway, . . . .312
CAMBRIDGE. (See abatement, under Taxes.)
CANARY WINE.

excise on, 32, 57, 103, 272, 344, 391, 392, 433, 434, 476,
528, 662, 716, 738
impost on, , 31, 200, 269, 343, 478, 492, 501, 526
CAPAWOCK. (See Martha's Vineyard.)
CAPIAS. (See Writs.)
CAPE COD. (See Harbors.)

trees on province lands at, penalty for boxing

or barking for turpentine, . . 742

precinct erected at, 742

put under constablewick of Truro, . .742
minister to be supported there, and his sal-
ary, 742

tax of fourpence per week for support of min-
ister to be paid by fishermen and
whalers sojourning there, . .742

collector of, appointed, 742

authorized to distrain for, .... 742
assessment, of so much in addition to above
tax as is needed to make up
amount of salary, to be made by
assessors of Truro, .... 742
warrants for collection to be made by said as-
sessors, 742

CAPITAL CASES. (See Courts, Execution,
Grand Jury, Service.)

how prosecuted and tried, 40

persons committed in, when to be indicted or

admitted to bail, . . . 97,98
when to be discharged, 98

102

CAPITAL CRIMES.

Altering bills of public credit, upon second

conviction, 741

Arson 56, 577

Bestiality, 55

Blasphemy, 65

Burglary, upon a third conviction, . . .52
Burning, wilful, of property, &c., . . 56,577
Carnal knowledge of female under ten years

of age, 56

Concealment of the death of a bastard

cluld, 52, 255

Conjuration, upon second conviction, . 90, 91
Correspondence with French and Indian

euemy, 595

Counterfeiting bills of credit, upon a second

conviction, 711

Desertion from military service, . . 134, 400
Devilish practices. ( See note on p. 5G,) . 55

Felonies upon the sea, 246

Incest, 56

Incbantments and charms, using of, second

offence, 91

Inciting sedition in the service, . . 401, 553

Idolatry, 55

Manslaughter, 55

Murder, 55,296

Mutiny in the service, and inciting mutiny,

401, 553

Piracy, 56

Poisoning, 55

Polygamy, 171

Privateersmen not bringing in prizes for

condemnation, 247

Rape, 52,296

Removing to or residing in enemies' territory, 596

810

Index.

CAPITAL CRIMES— continued.

Kobbery, upon a third conviction, . 52

on highway, upon a second conviction, 674
Komish clergy escaping from prison, . .423
Sending supplies to tlie enemy, , . . 595
Sleeping of sentinels at their posts, &c., . 554

Sodomy or buggery, 55,297

Sorcery, second offence, 91

Treason, high, 55, 255

"Witchcraft, . 55, 91

CAPITE.

tenure in, Plymouth Company and Massachu-
setts-Bay grantees, not to hold by,

2,3, 6
CAPTAIIsr-GBNERAL. (See Commander-in-
Chief, Governor.)
CAPTAINS.

of jiiiJitary companies. (See Militia.)
CARBINE.

troopers to be provided with, .... 129
CARTOUCH-BOX.

to be worn by militiamen, 129

CASKSj Tight. (See Gaugers and PoAJiers, Pro-
visions, Tar.)
measurement of, regulated, . . . ,49
gaugers of, to be appointed, . • . . ,49

to»mark casks, 49

fee for gauging, 49

excise-officers to gauge, . . ,33, 273, 392
defective, penalty for sale of, . . .49

to be made of sound, well-seasoned timber,

free from sap, 49

CAST IRON.

impost on, 501

military stores excepted, 501

CASTLE AT CASTLE ISLAND. (See Excise,
Garrison, Taxes.)
taxes granted for repairs of, 105, 213, 228, 239, 257,

301,438
for additional vaults and batteries, . 258, 301
vessels to perform ■quarantine below, . . 377
absconding soldiers to be sent to, . . . 546
garrison at, to consist of eighty soldiers, be-
sides captain, lieutenant, chaplain
and surgeon, .... €31,685
to be subsisted for three years, . , . 631
to be exercised in the use of arras, &c., . 631
volunteers enlisted there, not to be transferred

to other branches of the service, . 631
bounty to, what and how paid, . , 631,085
how discharged before expiration of term of

enlistment, 031

minors and servants, not to enlist there with-
out consent of parents, &c., . .031
captain of, to return roll of volunteers to the

general court, C30

CATTLE. (See Pounds, Taxes.)
CELLARS. (See Sewers.)
CHALLENGE OP JURORS.

right of, guarantied, 40

CHANCERY. (See Bonds, High Court of Chan-
cery, Equity.)
CHANDLERIES. (See TaUow-diandlers.)
CHAPMEN, PETTY. ( See Pedlers.)
CHARLESTO"WN. (See Boston, Ferries, Nui-
sances, Superior Court of Judica-
ture, and abatement, under Taxes.)
CHARLESTCWN FERRY.

Boats, one to be constantly kept on each side,

183, 257

CHARLESTOWN FEB.B.Y— continued.

not to be owned by or let to the same per-

■ son, 183, 651

to be constantly passing from side to side, . 651
hours during vvhicli the boats are to pass, . 051
three boats, &c., to be employed, . . . 051
Ferrymen to be diligent, &c., . . 051, 052

fees of, for transportation, .... 651
to be paid before landing, .... 652
not required to make change of more than

three shillings and sixpence, . . 652
CHARLES RIVER.

a boundary of the colony, 5

Bridge, appropriation for repairing, and how

to be kept in repair, . . . 158

rebuilding, act for, .383

costs of, how defrayed, .383

committee to take charge of, . . . 383

how to be maintained, 383

(See Kesolves, p. 791.)
CHARMS.

penalty for procuring or practising with, . . 91
CHARTER or LETTERS PATENT. (See
Massachusetts Bay.)

to the Plymouth Company, 1,2

Colonial, to Massachusetts-Bay Company,

3,4,5,6,7
1-20

Of the province of Massachusetts Bay

reasons for granting,
Explanatory, of the province, . . 21-23

omissions in not to vitiate 23

CHELMSFORD. (See Frontiers.)
CHELSEA. (See Winnisimmet.)
CHILDREN. (See Advancement, Daughters,
Eldest Son, Estates of Persons
Deceased, Masters, Minors, Pa-
rents, Wills.)
of intestates, to share estate of equally, except

■ double share to eldest son, &c., . 44
dying under age and unmarried, share of to

go to survivors, ... .44
of testators, omitted in the will, to sliare es-
tate of, 430

posthumous, to share in estate of, . . . 429
CHRISTIAN FAITH.

to be propagated among the Indians,

denying or reproaching of, punished,

CHRISTIANS. (See Roman Catholics.)

what, allowed liberty of conscience,
CHURCHES.

privileges and freedoms of, confirmed, .• . 62
members of, voice of in settling ministers, 102, 210
not to be precluded from voting as inhabi-
tants, by reason of having voted in

the church, 217

(and see Resolves, p. 793.)
CIDER. (See Boston, market in.)

excise on, 32, 57, 103, 272, 344, 391, .392, 433, 4.34, 470,
528, 602, 716, 738
CIVIL CASES. ( See Actions, Courts.)
CLAY. (See Brides.)
CLEARANCE OF VESSELS. (See Naval

Office, Tonnage of Shipping.)
CLERGY. (See Roman Catholics.)
CLERKS OF COURTS. (See Fees.)

to be appointed by justices, &c., . 217, 374, 465

exempt from military duties 130

duties of. (See under the respective courts.)

duties of in appeals, 466

Of superior court of judicature, to issue

. 10

55,297

Index.

811

CLERKS OF COURTS— continued.

summons in case of appeal from

the colonial courts 60

to issue venires for jurors, . , 74,280,371
to sign and seal all writs, &c., . 37, 75, 286, 371
to issue scire facias, for forfeiture of lands,
against persons deserting the fron-
tiers, &c., 194,403

Of assize and general gaol delivery, to deliv-
er to sheriffs estreats of fines, &c., 127

penalty for failure, 128

Of inferior courts of common pleas, to is-
sue scire facias for aflirming judg-
ments of colonial courts, . . 60
to issue venires for jurors, . . 74, 286, 309
to sign and seal all writs, &c., 37, 75, 286, 369

to record deeds, &c., 299

Of general sessions of the peace (or clerk
of the peace), to register all mar-
riages, 01

to sign warrants of distress against consta-
bles refusing to serve, . . .67
to issue venires for jurors, . . 74,280,368
to sign and seal all writs, &c., . 37, 75, 286, 368
to deliver to sheriffs estreats of fines, . .127

penalty for failure, 128

to issue writs annually for grand jurors to

serve at the quarter sessions, . . 193
warrant and summons issued by, in criminal

cases, to run through the province, 589
to transmit lists of persons licensed as inn-
keepers and retaUers, to select-
men, 082

CLEKKS OF DISTRICTS. (See Districts.)
CLERK OF HOUSE OF REPRESEN-
TATIVES. (See Representa-
tives.)
to issue warrant for fines against members

failing to appear, . . . .89
to record leaves of absence of members, . 89

CLERKS OP MARKETS. (See Markets.)
CLERKS OF MILITARY COMPANIES.

(See Militia.)
CLERKS OF PRECINCTS. (See Precincts.)
CLERKS OF PROPRIETORS IN COM-
MON LANDS.

how chosen and sworn, 704

to record all votes and orders passed at pro-
prietors' meetings, .... 704
CLERKS OF TOWNS. (See Town Clerk,

Towns.)
COCKLES. (See Malt.)
COFFEE-HOUSES.

keepers of, to pay excise, . . . . . 738

to be licensed, ' , 739

COIN.

Of Massachusetts Colony, to pass current

at its nominal value, . . .70

Spanish and Mexican, values of, fixed, 70, 71

Current, values of, established, . . . 296

Exportation of, and bullion, forbidden, . 306

shipped for, to be forfeited, .... 306

additional penalty, 306

proceedings for seizure of, &c., . . . 307
oath of master of vessel required, and form

of oath, 307

Counterfeit, penalty for making or uttering,

71, 445, 514
Diminishing and debasing, penalty for, 71, 290,

514

COTN— continued.

penalty for dealing in clippings, filings, &c., of, 514
Pennies, counterfeit, penalty for making or

uttering, 445

COLLAR,

to be worn by militiamen, 129

COLLECTORS. (See Taxes.)
COLLEGE. (See Harvard College, Students.)
COLONELS. (See Militia, Service.)
COLONIES. (See Charter, Massachusetts Bay,
Plymouth Company, Taxes.)
laws of, continued, .... 27, 99, 143
taxes of, acts for collecting, . . -27, 139
courts of, former judgments in and appeals

from, how enforced, &c., CO, 61, 101, 102
counties in, former boundaries and names of,

continued 63

COLONY OF MASSACHUSETTS BA-Y.
(See Bills of Public ^Credit, Char-
ter, Coin, Taxes.)
corporate name of—" the governor and com-
pany of the Massachusetts Bay in
New England," .... 7

population numerous, 7

counties, towns and places in, established, . 7

judgment against, in chancery 7, 8

agents of, and their application for • new

charter, 8

COLONY, SOUTHERN.

territory of, excepted from the grant to the

council at Plymouth, ... 1
COLORS. (See Militia.)

COMMANDER-IN-CHIEF. (See Governor,
Militia, Service )
OflS.ce of, to be exercised or deh gated by the

governor of the province, . . 18
To command the militia for the defence and

safety of the province, . . .18
To assemble and arm the inhabitants for

war, 18

To appoint military ofiicers, .... 18
To conduct expeditions by sea and land, . 18
To exercise martial law, in time of actual

war, invasion or rebellion, . . 18
To appoint courts-martial, . . . 401, 554
To erect forts and fortifications and store
thera with ammunition, &c., for
offence or defence, . . . .18

To demolish forts, &c., 18

Not to transport militia or oblige them to
march out of the province without
their consent, or the consent of the

general court, 18

acts authorizing transportation of part of

the militia,36,- 99, 170, 177, 211, 221, 224,
268,292,311,397,398
Nor grant commissions for exercising mar-
tial law, without the advice and
consent of the council, . . .18
To order detachment and impressment of

soldiers, .... 132, 133, .398
Alarms to be communicated to, . . . 397
To direct execution of capital sentence of

courts-martial, .... 402, 555
To license persons to remove from the fron-
tiers, . 402

To exempt persons unfit for military duty, . 494
To discharge volunteers from the castle be-
fore expiration of term, . . . 631
COMMISSARIES. (See Militia, Service.)

812

Index.

COMMISSIONED OPFICEHS.

civil and military, exempt from serving as

constables, 65

COMMISSIOiraJRS AND COLLEOTOKS
OF EXCISE. (See Excise.)
Three persona to have the general inspec-
tion, care and management of the
excise oflSce and matters relating

thereto 275

Two persons, 346,393

One person in each county, . .435

One or more persons specially appointed in
1702, to collect excise of brewers

and distillers, 502

Nomination and appointment of, to be by

the general court, 275, 346, 393, 435, 502
To be commissioned by the governor, 275, 346,

393, 435, 502
To appoint such and so many oflScers under
them as they, with the advice of the
treasurer,may think necessary, 275, 346,

394
such oflScers as the commissioner may think

necessary, 435

To grant warrants to underoflScers, 275, 346, 394
Oaths to be taken by all officers of excise, 275,
• 346, 394

£ooks of entries and duties to be kept by

commissioners, . 275, 346, 394, 435

to be open at all seasonable times to the in-
spection of the treasurer, 275, 346, 394,

435
Accounts of collections and payments to be

rendered to the treasurer, 275, 346, 394,

435
and all money collected, &c., to be paid to

the treasurer on demand, 275, 346, 394,

435
Allowance for services and expenses to be
such as the assembly shall think fit,

275, 346, 394

fixed at two shillings in the pound on all sums

collected (except in Suffolkcouuty)

' ' for their labor, care and expenses,

and payment of officers under

them," 435

in Suffolk county fixed at one shilling in the

pound, 435

and underofficers to be paid as the commis-
sioner and treasurer shall agree,

275, 346, 394
Farming the excise authorized, 236, 274, 346, 393
Farmers of excise, to have the same power

and authority as commissioners,

276, 346, 394
Compounding for the excise authorized,

274, 393, 477
commissioners empowered to sue for amount

agreed upon as a composition, 274, 393
Searches and seizvires by. (See Excise.)
To gauge casks, &c., .... 273, 392
COMMISSIONERS OF IMPOST AND EX-
CISE. (See Excise, Impost.)
Nomination and appointment of, to be by,
and commission from, the governor

and council, 33

Duties of, to receive all entries and to manage
all matters relating to the act of
1092 for impost, excise and tonnage
of shipping, 33

COMMISSIONERS OF IMPOST AND

EXCISE— conWwMed.
To appoint such and so many officers under
them as they shall find needful, &c,,

31,33
Oaths to be taken by all officers of impost and
excise before the governor, lieu-
tenant-governor, one or more mem-
bers of the council or two justices

of the peace, 34

Powers of :
search of houses in the day time, authorized,
on warrant from lieutenant-gov-
ernor or any two justices of the
peace, and with one constable or
more ; and seizure of goods con-
cealed, not entered for impost, &c., 32
of retailers' houses, &c., for wines or liquors

not entered for excise, &c., . . 33
of vessels authorized, . . . . 118, 119
to take bonds for duties, . . . . 31, 32
to allow for leakage of wines, &c., imported, 31
to allow drawback on goods exported,'&c., . 31
attendance at unlading of vessels author-
ized, 119

to compound for excise in quarterly pay-
ments, 33

to sue for excise, 119

to gauge casks, &c., 33

Allowance for services and expenses, one-
sixth of money collected and paid

over, 34

COMMISSIONER AND COLLECTOR
OF IMPOST, EXCISE AND
TONNAGE OF SHIPPINQ.
One person to have the general inspection,
care and management of the office
of Impost, excise and tonnage of
shipping and matters relating

thereto, 103

Nomination and appointment of, to be by

the general court, . . . .163
To be commissioned by the governor, . 104
To appoint such and so riiany underofficers '
as the commissioner, with the
treasurer shall think necessary,

&c., 164

to grant warrants to underofficers, . . 164
Oaths to be taken by commissioner and all

underofficers, 164

oaths instead of the oaths of supremacy and

allegiance, 164

to repeat and subscribe the declaration, . 104
before the governor, lieutenant-governor, or

two members of the council, . . 104
Books of entries and duties to be kept by

commissioner, 104

to be open at all seasonable times to the in-
spection of the treasurer, . . 101
Accounts of all collections and payments to
be rendered, quarterly, to the treas-
urer, 104

to be sworn to before the governor and

council, 104

and all money collected, &c., to be paid to

the treasurer on demand, . . 104
Allowance for services and expenses fixed at

one hundred and thirty pounds, . 104
and underofficers to be paid as the commis-
sioner and treasurer shall agree, . 104

Index.

813

COMMISSIONER AND COLIiECTOR
OP IMPOST, EXCISE AND
TONNAGE OF SHIPPING

—continued.
Powers and duties. (See Tonnage of Ship-
ping.J to collect duty of tonnage

of shipping, 164

and grant a certificate of payment, . . 164
when and how to procure measurement of

vessels, 165

when and how to sue for tonnage duties, , 165
to collect additional duties of impost, . .201
to prevent exportation of grain, &c., . 226, 227
to allow drawback on exported wines and

liquors, 208

to grant certificates of wines and liquors en-
tered for exportation, . . .208
to be endorsed by the waiter who witness-
ed the shipment, .... 208
fees of commissioner and waiters, 119, 208, 270

to administer oaths, 208, 236

to sue for composition for duties of impost,

excise and tonnage of shipping, . 208
to receive duty of tonnage of shipping, . . 164
Searches and seizures by. (See Impost.)
COMMISSIONER AND COLLECTOR OF
IMPOST AND TONNAGE
OF SHIPPING.
One person to have the general inspection,
care and management of the office
of impost and tonnage of shipping,

275, 345, 346
Nomination and appointment of, to be by the

general court, .... 275, 346
To be commissioned by the governor, 275, 340
To appoint such and so many officers under
them as they, with the advice of
the treasurer, may think necessary,

275, 346
to grant warrants to underofflcers, . 275, 346
Oaths to be taken by all officers of impost and

tonnage of shipping, . . 275,346
Books of entries and duties to be kept by

commissioners, . • . . 275, 346
to be open at all seasonable times, to the in-
spection of the treasurer, . 275, 346
Accounts of all collections and payments to

be rendered to the treasurer, . 275, 345
and all money collected to be paid to the

treasurer, on demand, . . 275, 346
Allowance for services and expenses to be
such as the assembly shall think fit,

275, 346
and underofflcers to be paid as the commis-
sioner and treasurer shall agree,

276, 346
General powers and duties: to receive

impost and tonnage duties,

270, 275, 343, 344, 345, 346
to take bonds for payment of duties, . 270, 343

fee for bond, 270, 343

to allow for leakage of wines, &c., imported, 272
to allow for decayed wines imported, . . 272
to administer oaths, . . . 270, 272, 307, 345
to allow rebate of duties on bills of stores for

adventures by master and seamen, 270
to allow drawback for exported liquors, 272, 346
to grant certificates for drawback, . . . 272
to be endorsed and returned by the waiter

that attended the shipment, . . 272

COMMISSIONER AND COLLECTOR OP
IMPOST AND TONNAGE
OP SHIPPINCJ— coM^mwed.
to receive entries of imported goods, . .270
to receive manifest from the master of the

vessel importing, &c., . . .270
to prevent exportation of coin and bullion,

306, 307
commissioner, or a waiter, to attend the un-
lading of cargoes, . . . .277
searches, seizures and forfeitures. (See Im-
post.J
to receive duties of tonnage of shipping, . 274

fees of, 270, 272, 343

COMMISSIONER AND RECEIVER OF
IMPOST AND TONNAGE
OP SHIPPING.
One person to have the inspection, care and
management of the office and all
matters relating thereto,

351, 4.32, 4.33, 482
Nomination and appointment of, to be by

the general court, . . .351, 482
To be commissioned by the governor, 351, 482
To substitute and appoint a deputy receiver
in each port besides that where the
commissioner resides, . . 351, 482
to grant warrants to deputies, . . 351, 482
Commissioners and receivers specially ap-
pointed in 1702 501

Oatho to be taken by commissioner and dep-
uties, 351, 482

Office hours to be from nine o'clock to
twelve in the forenoon, and from
two to five o.'clock in the after-
noon, 351, 482

Books of entries and duties to be kept by com-
missioner, .... 351, 482
to be open at all seasonable times to the in-
spection of the treasurer and re-
ceiver-general, .... 351, 482
Accounts of all collections and payments to

be rendered to the treasurer, . 351, 482
and all money collected to be paid to the

treasurer on demand, . . 351, 482
Salary fixed at sixty pounds per annum, . 351
seventy pounds per annum, . . . 433, 482
and deputies to be paid as the commissioner
with the treasurer shall agree,

351, 433, 482
General powers and duties : to receive im-
post and tonnage duties,

351, 432, 479, 482, 501
to take bonds for payment of duties, . . 501
to allow for leakage of imported wines, 349, 480
to, allow for decayed wines, . . . 349, 480
to administer oaths, . . . 349, 479, 480, 502
to transmit lists of passengers arriving, to

town clerks, 452

to allow rebate of duties on bills of stores for
adventures of masters and seamen,

350, 481
to allow drawback for exported liquors, &c.,

351,501
to grant certificates for drawback, . . .501
to be endorsed and returned by the waiter,

501, 502
to receive entries of imported goods, . .479
to receive manifest of cargo from master of

vessel importing goods, &c., . 236, 479

814

Index.

COMMISSIOlSrER AKTD RECEIVER OF-
IMPOST AND TONNAGE
OF SH.IPFING— continued.
commissioner or a waiter to attend unlading

of cargoes, 480

commissioner to sue for duties on goods
appearing upon tlie manifest, but
not entered, &c., .... 481

to receive tonnage duties, . . 351, 432, 482
to grant certificate of payment or security of

tonnage duties, . . . . 433

or that the vessel is exempt, . . . 482
to appoint measurers of vessels, . . 4.32,482
to examine shipmasters as to ownership of

vessel, . . . . . . C40

to pay bounty for white servants imported, . 634

fees of, 470, 501

COMMISSIONERS FOR INSPECTION
AND GOVERNMENT OF
INDIANS. (See Indians.)
COMMISSIONERS OF OYER AND TER-
MINER. (See Oyer and Termi-
ner.)
COMMISSIONERS TO ADMINISTER
OATHS,
to be taken instead of oaths of allegiance, &c.,

liow appointed, . . . .77
COMMISSIONERS OF SEWERS. (See

Sewers.)
COMMODITIES. (See Blassachusetts Bay and

Plymouth Company)
COMMON, TENANT IN. (See Partition:)
COMMONAGE.

of woods, timber and herbage, not allowed

unless granted by town, &c., . . 65
COMMON FIELDS AND LANDS UN-
FENCED. (See Boundaries,
Field-drivers, Fences, Pounds.)
Used by town inhabitants, of which the own-
ers have no particular benefit, not

taxable, 167

Boundaries to be run, &c., by each proprie-
tor once in two years, . . ..64

penalty for refusing, 64

Proprietors of, where the shares or interests
are stated, to improve and divide
the same by majority vote of shares

or rights, 65

where shares or interests are not stated, to
manage, improve, divide and dis-
pose of the same by major vote

of proprietors, 65

enabled to sue and be sued, .... 182
to choose agents or attorneys to prosecute or

defend in their behalf, . . .183
meetings of, to be called by a third part of

proprietors, &c., .... 334
on application of five or more proprie-
tors 704

fourteen days' notice to be given, . . . 704
warrant for, to be issued by justice of peace,

how directed and served, . . 704
clerk to be chosen by majority of proprietors

present, 704

to be sworn, and his duties, . . . 704

to establish rules for calling subsequent

meetings, 704

to be divided and improved by majority vote
upon six months' notice to all the
proprietors, 335

COMMON FIELDS AND LA.NDS TJ'N-
'P'ENCED— continued.
to pass orders for managing, improving or

dividing undivided lands, . . 704
votes to be counted according to shares or

interests, if known, .... 704
nothing to be done that is not expressed in

the warrant, 7C4

Cottage rights, &c.,to be confined to houses,
&c., erected before 1601, unless
granted before or granted since;
then by consent of a town or pe-
culiar, 65

Horses, except of freeholders or proprietors,

not to graze in, .... 138

owners of horses, grazing, &c., to enter them

with the town clerk, . . . 138
penalty for neglect; how disposed of, 138, 139
extra horses to be paid for ; rate, . . , 139
two persons to be annually chosen to enforce

the act concerning, .... 1.39
Sheep, not to go at large in without a shep-
herd between the first of May and
tlie last of October, . . . .139

pen.alty, 139

Swine, going at large in, to be yoked from the
first of April to the fifteenth of
October, and ringed all the year, . 139
penalty for being unyoked or uuriuged, . 139
unyoked or unringed, may be impounded, . 139
Trespass on, by cattle, &c., damages, how

assessed, 323

Fences around, how maintained, . . . 334

Number of cattle, &c., in, how regulated, . 334

COMMON PLEAS. (See Inferior Court of '

Common Pleas.)
COMMON SELLER OF LIQUORS. (See

License.)
COMMON VICTUALLERS. (See Innhold-

ers, License.)
COMPLAINT.

actions before justices of the peace to be

brought by, 72

CONCEALMENT. (See Bankrupt, Bastards,
Estates of Persons Deceased, Ex-
cise, Impost.)
CONDEMNATION. (See Excise, Forfeiture,

Impost.)
CONDUITS.

may be built in higliway, 312

CONFEDERACY. (See Sea.)
CONJURATION. (See Dead Bodies.)

how punished, . • . . . . 90, 91
CONSCIENCE, LIBERTY OF.

guarantied. (See Roman Catholics.) . . 14

intended by King Charles I., . . . .16

CONSENT, AGE OF, ( See Marriage.)

CONSTABLES. (See Excise, Fees, Impost.)

Exempt from military duties, .... 130

How chosen, notified and sworn, . . .05

penalty for refusing to serve or be sworn, . 67

Oath, form of, 79

Persons exempted froni serving :
commissioned officers, civil or military, . 65
members of th 2 house of representatives, . 65

church officers, 05

persons who have served as constables with-
in seven years, 65

Powers and duties of : (For duties of, as
Collectors of Taxes, see Taxes.)

Index.

815

CONST ABliES— continued.

to seal up votes for county treasurer, and

return them to court of sessions, . 63
to summon town officers to be sworn, . 65, 407
to warn town meetings, (see Jurors, J . . 68
penalty for neglect of duty, . . . 65, 68
to provide weights and measures and deliver
them to the custody of the select-
men, 69

to join with selectmen in choosing sealer of

weights and measures, . . .70

penalty for neglect, 70

to serve writs issued by town clerk, . 75, 283
warrants of the clerk of the house of repre-
sentatives, &c., 89

of coronef, 427

ventres for grand jurors, .... 193

for petit jurors, . . 74,286,368,370,371

penalty for neglect, .... 287, 368

to warn the watch and ward in towns, . . 382

to give receipts for wolves destroyed, . . 196

to enforce observance of the Lord's day, . 59

observance of laws against drunkenness,

profanity, &c., .... 679

to inform of breaches of license law, 477, 529,665
excise, to assist officers of, in searches, &c.,

119, 273, 393
impost, to assist officers of, in searches, &c.,

32, 271
Falsely pretending to be, penalty for, . . 355
CONSTRUCTION OP ACTS. (See Attor-
ney-General, cfc. Privy Council,
Trade, Board of.) See, also, Re-
SOLVE.S, pp. 793-5.
CONTAGIOUS DISEASES.

Vessels arriving with sick passengers, or
coming from ports where conta-
gious sickness prevails, masters of,
how to proceed, .... 377
examination of, by captain of the castle or

chief officers of forts, required, . 377
license for landing passengers, &c., when

and by whom to be granted, . .377

penalty for lauding, &c., without, . . 377

Act providing, in case of, ... . 409

Sick persons, selectmen to provide for, . 469

lodgings for, how secured, (Eesolves, p. 794,) 469

expenses of sickness of, how ascertained and

paid 469

on board vessels, how prevented from land-
ing 409, 470

CONTEMPT.

"Warrant for, to be issued by justice of the

peace against party defaulting, 72, 283

form of, 81, 316, 463

Pine for, and how recovered, .... 283
CONTINUANCE. ( See Pleadings.)
CONTRACT. (See Actions.)

for sale of goods, of the value of ten pounds
or more, to be in writing, unless
delivery be made, &c., or earnest

given, 47

CONVEYANCE OP REAL ESTATE.

( See Bankrupts, Clerks of Inferior
Courts of Common Pleas, Frauds,
Freehold Estates, Indians, Mort-
gages, Register of Deeds, Wills.)
By deed, duly executed, acknowledged and

recorded, to pass title, . . . 298
Bargain, sale, mortgage or other conveyance

CONVEYANCE OF REAL ESTATE—
continued.

not effectual except as against the
grantor and his heirs, unless ac-
knowledged and recorded, , . 298
Acknowledgment of, penalty on grantor

for refusing to make, . . . 298
proceedings against grantor refusing, . .298
in case of death or absence of grantor, deed,

how proved, 298

Executed according to former laws and

usage, valid, 299

Fraudulent, void as against creditors, . . 09
By executors and administrators, li-
censed to sell, &c., to pass the title,

00, 254
COOKE, ELISHA.

and others, granted a monopoly in salt-mak-
ing, 230

COOPERS. (See Casks.)

to brand their casks, .... 49, 50, 573
penalty for neglect, &c., . . . .49, 50
penalty on, for changing fish or flesh after

packing and scaling, . . .50
COPARCENERS. (See Daughters, Partition.)
CORDWAINERS. (See Shoemakers.)
CORD-'WOOD.

and corders of wood. (See Wood.)
CORN. (See Grain, Mills.)
CORONERS. (See Appointment, Fees.)

Duties of, 200, 368, 370, 372, 412, 426, 427, 428, 429
Oath of, how taken, and form of, . . . 426
Exem.pt from military duties, .... 130
Jury summoned by warrant of, how consti-
tuted, 427

. form of warrant for, and how served, . .427

penalty for juror's default, . . . .427

forms of verdict Of; fees, . . . .428,420

Inquest by, proceedings at, . . 427, 428, 429

witnesses at, how summoned, . . . 428

sworn, and form of oath by, . . .428

to recognize to appear, &c., . . . 428

how returned, 429

CORPORALS. (See Military Officers.)
CORRECTION. (See House of Correction.)
COSTS. (See Actions, Fees.)
COTTAGE RIGHTS. (See Common Fields,

<^c.)
COTTON.

to be imported free of duty,

31, 269, 343, 478, 492, 526
•from English plantations, an export duty
having been paid thereon, exempt
from entry or clearance, &c., . . 121
COUNCIL, AND COUNCILLORS OR AS-
SISTANTS. (See General Court,
Governor, Privy Council.)
At Plymouth, in Devonshire (England.)

(See Plymouth Company.)
Of the province :
to consist of twenty-eight councillors or

assistants, 10

to be chosen annually, 12

qualification of councillors, . . ,12
oaths of councillors, and before whom

taken 13

official, form of, 78

first board of, appointed by the crown;

their names, 10

term of office of, H

816

Index.

COlTNCIIi, AND COUNCIIjLOBS OB AS-
SISTS NTS— continued.

quorum of,

vacancies in, how filled, ....
liow apportioned throughout the prov-
ince,

members of, how removed, ....
exempt from poll tax, in 1692,
exempt from trainings and watchings, 130,
sou or servant of, exempt from watching,
exempt from suits or arrest, &c., during
sessions of general court, or in go-
ing to or returning from,
major part of, to act in case of the death
or removal of the governor and
lieutenant-governor,
to be notiiied of all nominations and ap-
pointments of officers,
any two m.embers of, to administer oaths
to public officers, ... 13
also oaths, and declaration required by act
of parliament to be taken inste.ad
of the oaths of allegiance and su-
premacy, . . . .12, 13, 14
one councillor to administer oaths about

Indian 'scalps,

advice and consent of, required to the
disposal of taxes, ....
to the appointment of civil officers belong-
ing to the council or the courts, .
to grants of commissions to military tribu-
nals,

allowance to members of, ... .
a constituent part of the great and gen-
eral court or assembly, .
governor and, to have probate jurisdic-
tion,

and jurisdiction of all controversies con-
cerning marriage and divorce,
CFor other functions of the Coun-
cil, legislative, executive or judicial,
see Appeals, Divorce, General
Court, Governor, Licenses.)
COUNCILS. (See Eccelsiastical Councils.)
COUNTERFEITING. (See Bills of Public
Credit, Coin, Tar.)
Of bills of public credit, acts against,

550, 723,
act for exchanging counterfeit, &c., . 666,
of the neighboring governments, .
Of coin, acts against, . . .70, 445,

Of pennies, act against,

counterfeiter or utterer of, to make restitu-
tion,

COUNTIES. (See Sessioiu, ^c, Taxes, Treas-
urer, List of Public Acts, p. 787.)
Former boundaries and names continued, .
To raise money for repairs of bridges, pris-
ons, the maintenance of poor pris-
oners, and other proper county
charges, (See Sheriff,) .
to be expended, &c., by written order of the
courts erf sessions, ....
Treasurers of, to be chosen annually by the
qualified freeholders and other in-
habitants of the respective towns

382

545

19
12
14

,77

530

IS
100

15
01

to be freeholders within their counties, .

Iiiable for damages occasioned by defective

highways in,

741
723
673
514
445

137

COJTNTTE3— continued.

Charges against, for prisoners for theft, act

to prevent, 504

Fines accruing to, . . 193, 210, 287, 314, 570
Commissioners of taxes for, how appoint-
ed and duties of, . . . 92, 100
WJien liable for escape of prisoners, . . 420
COUNTY COUBTS. (See Sessions, cf-c. In-
ferior Courts of Common Pleas.)
COUNTY TBEASUBER. (See Treasurer,

4c.)
COUBTS. (See Sessions, 4-c., High Court of
Chancery, Inferior Court of Com-
mon Pleas, Justices of the Peace,
Superior Court of Judicature.)
Of record, other courts and judicatories,

how established, . . .14, 15
Officers of, to be appointed by the governor,

&c., . 12

jurisdiction of, 15

power of justices of, to administer oaths, . 15
parties in, may appear personally or by at-
torney, . . . 75,287,374,407

Act for holding, 37

Acts establishing, . . 72, 283, 367, 309, 370

revived and continued, 248

Acts for regulating proceedings in, . 372, 464
for reviving actions in, .... 375, 459
Act to prevent disputes concerning ac-
tions and processes in, . . . 459
Of common law, justices of, to chancer the

penalties of bonds, 75, 145, 285, 356, 373
COUBTS-MABTIAL. (See Service.)
How constituted and convened,

131, 401, 475, 539, 554
President of, not to be under the degree of

field-officer, . . . • . 401,554
Members of, not to be fewer than eleven,

401, 554
to be commissioned officers in actual service

and under p.ay, 401, 640, 058, 675, 690
when to consist of commissioned officers of

the militia, 539

how sworn, 401, 554

form of oath of, 402, 555

Powers of, . . . . 131, 397, 401, 475, 554
Jurisdiction of, not to extend to officers
and soldiers dismissed and out of pay,

640, 658, 675, 697
Judgment of, not to exempt officer or soldier

from the ordinary process of law, . 555
Sentence of death by, to be executed upon
warrant from the president of the

court, 402, 555

not to be passed unless nine out of eleven

members present concur, . 402, 539, 555
nor until directed by the captain-general,
upon report of the president of the

court, 402, 555

Act concerning, how published, . . . 555
COWS.

how assessed for taxes. (See Taxes.)
CBANES.

how assessed for taxes. (See Taxes.)
CBEDIT.

bills of. (See Bills of Public Credit.)
CBEDITOBS.

when entitled to administration, . . .45
and to administration with the will an-
nexed 45

Index.

817

CREEKS. (See Fences.)
CRIER, PUBLIC. (See Fees.)

to give notice of sale of imported provisions, . 227
, to cry impounded cattle, &c., . . . 322, 323

stray cattle, . 326, 327

money or goods found, &o 326

Of coiirts. CSee Fees.)
CRIMES, (See Capital Crimea, and other of-
fences under their respective heads.)
CRIMINAL CASES. (See Clerks, and the

several Courts.)
CROWN, THE. (See Appeals.)

appointment of officers reserved by, . 10, 13, 14
CRUELTY TO BRUTE ANIMALS.

forbidden, 59

Calves, sheep and lambs, brought alive
to market, to be driven or carried
in carts, sleds, panniers or boats,
and not otherwise, ... .60
to be forfeited if brought in any other man-
ner 60

CRUPPER.

troopers to be provided with, .... 129
CRY. (See Hue and Cry.)
CULLERS OF PISH. (See Measurers of

Salt.)
CURRENCY. (See Bills of Public Credit, Coin.)
CURRIERS. (See Buildings, Nuisar.ces.)

leather, not to be tanned by, under penalty, . 312

unsealed, not to be curried by, . . . 313

injured by, in currying, penalty for, . . 313

if condemned, to be made good by, . . 314

tallow used by, to be hard, 313

leather-dressers, dressing with lime, alum and

oU, to be deemed, .... 623
CURSINQ AND SWEARING. (See Pro-
fanity.)
CUSTOMS. (See Impost, Taxes.)
CUTLASS.

to be worn by militiamen, 129

DAMAGE-PEASANT. (See Field-drivers,

■ Pounds.)
DAMAGES.

for laying out streets in Boston, how ascer-
tained, and by whom paid, . . 42
on default in writs of dower not allowed, . 451
DAMS. (See Mills, Nuisances, Sewers.)
DAUGHTERS.

where there are no sons, to inherit as copar-
ceners, 44

DEAD BODIES.

penalty for removing, &c., from graves for the

purpose of conjuration or sorcery, . 91
DEATH PENALTY. (See Capital Offences,

Courts- Martial.)
DEATHS,

how to be registered, 104

Notice of, penalty for failure to give, . 104, 105
Occasioned by defects in highways, penalty

on towns and counties for, . . 137
DEBENTURES.

Por soldiers' wages. (See Service.)
received in payment of province taxes, 532, 534

572, 593, 611
DEBTS.

lands, &c., made liable for payment of, . . 68
(See Bankrupt, Bills of Credit, Poor Prisoners.)
DEBTORS, ABSENT OR ABSCONDING.
Creditors of, act to enable them to receive

their debts out of the effects of, . 629
Goods and effects of, in the hands of other

parties, how attached, . . . 629
when none can be obtained, trustee or attor-
ney of, how summoned, . . . 629
in trustee's hands, to be held from date of
service of summons, upon judg-
ment against principal, . . . 630
Trustee, or attorney of, allowed to appear

for, 630

entitled to three imparlances, .... 630
not disclosing cfiects of, how liable, . . 630
teire facias against, proceedings upon, . • 630

103

DEBTORS, ABSENT OR ABSCONDING

— continued,
judgment upon, when to be entered de

bonis propriis, .... 630
discharge of, from liability to principal for

amount recovered, .... 630
general issue may be pleaded by, in suit

brought by principal, . . . 630
DECEASED PERSONS. (See Estates of

Persons Deceased.)
DECLARATION. ( See Pleadings, Writs.)

Of fidelity, to be made by certain officers, 13, 77

form of, 77

Of trusts. (See Trusts.)
DEDHA.M. (See abatement, under Taxes.)
DEED. (See Bankrupts, Clerks of Inferior Court
of Common Pleas, Conveyance,
Frauds, Indenture, Indians, Re-
gisters of Deeds, Taxes.)
DEER.

Killing of, forbidden between the first of Jan-
uary and first of July, , . . 153
between December and August, . . . 355
except, east of Piscataqua River, or tame

deer in parks or on islands, , 153, 356
Skins of, and venison, freshly killed to be

evidence .against possessor, . 153, 355
penalty for illegally killing, . . . 153, 355
DEERPZELD. (See Frontiers.)
DEFAULT.

In Superior Court of Judicature and
Inferior Courts of Common
Pleas,
judgment upon, to be entered against defend-
ant failing to appear after sum-
mons, and upon affidavit of service
filed, .... 75,286,373,464

how taken off, 286, 373, 464

in writs of dower, damages not allowed

upon, 451

In actions before justices of the peace, to
be entered against defendant fail-

818

Index.

464

D'EFAXTLT—confimied.

ing to appear, after service of capias
or attachment, and return made,
DEFENCE, PlTBIiIC. {See Government,

Taxes. J
DEFENDANT. {See Absent Defendant, Ac-
tions, Default, Pleadings, Writs.)
DEGREES, ACADEMIC.

to be conferred by Harvard College, as in the

universities of England, . . 39,290
DEMANDS OP THE CRO"WN.

compounded for by tribute of gold and silver

ore, 3,6

DEMISE OF THE CROWN.

act to euro effect of, 749

DEPOSITION. (See Witnesses. J
DEPUTIES. CSee Representatives.)
DEPUTY GOVERNOR. (See Governor, cfc.;

to be appointed by the crown, . . . .10
DESCENT. (See Daughters, Estates of Persons
Deceased, Marriage, Wills.)

Rules of, 44, 45

(See llESOLVES p. 7U4; and note to p. 91.)
DESERTION. (See Courts- Martial, Service.)
By soldier or seaman in public service,

how punished, 134

By officer or soldier in public service, how

punished, 400, 401

continued, 491

deserter how tried, 134

inciting, how tried and punished, . . . 400
of the frontiers. (See Frontiers.)
DETACHMENT. (See Militia, Service.)
DEVASTAVIT. (See Waste.)
DEVILISH PRACTICES. (See note on p. 60.)

a capital offence, 65

DEVISE. (See Will.)

not effectual to pass real estate unless in writ-
ing, signed by the devisor, or by
some party in his presence and by
his direction, and attested and sub-
scribed in his presence by three or
four credible witnesses, .
revocation of, by burning, cancelling, tearing
or obliterating, by the testator or
in his presence and by his direc-
tion,

ror, by subsequent will, codicil or other writ-
ing executed with the formalities

of a valid will, 46

DICE. (See Gaming.)
DIRECTIONS, &G.

general court to make, (see General Court.) .
DISABILITY". (See Militia, Office.)
DISALLOWANCE OP ACTS. (See Privy
Council.)
acts to be transmitted to privy council for ap

proval or disallowance, .
to be signified within three years after presen
tation to privy council, .
under the royal sign-manual and signet,
or, by the privy council, ....
to the governor, for the time being,
DISCOVERY.

oath for, (See Banlcrupt, Estates of Persons
Deceased.)
DISCRETION, AGE OF.

declared to be fourteen years and upwards,
DISEASE. (See Contagious Diseases.)
DISORDER. (See Disturbance, Xlght.)

103

105

128

DISORDERLY PERSONS. (See Idle and

Disorderly Persons.)
DISSOLUTION OF GENERAL COURT.

to be ordered by the governor at pleasure, . 12
DISTILLERIES. (See Buildings, Nuisances.)
DISTILLERS. (See Excise, Impost.)

not to distil molasses, 724

dregs of sugar refineries not included in pro-
hibition, 724

DISTRESS.

For taxes. (See Taxes.)

For fines : 61, 53

of innholderS; gamesters, &c., imposed by

justice of the peace, .
for profanation of the Lord's day,
of constables refusing to be sworn
neglecting to notify town officers of their

election, ....
neglecting to warn town meeting,
e selectmen and sealers of weights and meas

ures, for neglect of duty under act
for regulating weights and meas

ures,

of persons failing to contribute to the sup
port of minister, ...
neglecting to return births and deaths for

registry

of clerks of military companies, for ne,

lectofduty, ....
for military offences, warrant for, to be

granted by commanding officers, 131, 132
for non-appearance of jurors, . . .194
for breach of town by-laws, .... 218
for default before justices of the peace in

civil actions, 283

For assessments for drums, trumpets and

colors, 376

For packers' fees, 60

On goods, &c., of builders of wooden build-
ings in Boston, on warrant from
the court of sessions, . . .50

By gangers, &c., of tar, 574

By justices of the peace:
for plaintiffs' debt or damage and costs, 72, 283
constable to levy, &c., and return surplus
to defendant, or, for want of goods,
to commit defendant to gaol,
for defendant's costs, .
By clerk of the house of representa-
tives, against members not at-
tending,

Against sheriffs, to be served by coroner, .
Sale of, for taxes, to be by public auction,
DISTRIBUTION. (See Bankrupts.)
of intestate estates, rules of,
of insolvent estates of persons deceased, .
DISTRICTS. (See Precincts, Taxes.)

clerks of, districts empowered to choose, .
to appoint assessors of ministerial taxes,
to choose fence-viewers, (see Peculiars,)
DISTURBANCE. (See Innholders, License.)
in the night, persons forbidden to sing, make
music or dance in any street, lane
or alley, or make any rout, or dis-
turb the rest of others; penalty, . 681
servants and slaves not to be out at night, . 635
DIVISION OP LANDS. (See Partition.)
DIVORCE.

all controversies respecting, to be heard by

the governor and council, . , 61

,283
,283

. 89
. 200
. 409

44,45
. 48

. 606

. 506

138, 333

Index.

819

T>TVOIlCE— continued.

alimony, provision in the nature of, superior
court of judicature empowered to
assign to wife not more than one-
third of her husband's estate, after
■ sentence of nullity, .... 209
absence of three years at sea, with report of

death, to be ground for, . . . 354
cohabitation of parties after decree of, to be

punished as adultery, . . . 209
DOGS. CSee Frontiers.)
DOORKEEPER. (See General Court.)
DORCHESTER. (See abatement, under Taxes.)
DOWER,

One-third of real estate to be allowed to

widow for life, as, . . , . 44, 45
unless endowed before marriage, . . .44
"Widow of insolvent debtor allowed, and the
same not to be distributed among

creditors, 4S, 251

of person convicted of witchcraft, not re-
served to (note), . . . .91

how to sue for, 450

Writ of, how served, 448

forra of, 450

damages upon judgment in, how awarded, 451
of seizin, form of, and seizin, how given

under, 450, 451

Assignment of, within what time, to be made

by the heir, 450

under writ of seizin, how made, . . 451
in hereditaments that cannot be di-
vided, how made, .... 451

D O'WnB.— continued.

Tenant in, liable to action for waste, . . 451
Reversion of, to be divided after decease of

• tenant in, . . . . 45, 48, 251
DRAINAGE. (Sec Sewers.)
DRAWBACK. (See Impost.)
DRILL. (See Militia.)

DRUMS AND DRUMMERS. (See MiUtia.)
DRUNKENNESS.

how punished, 51, 122, 123

Drunkards :
common, names of to be posted up in public

houses, .... 102, 680, 681

how punished, ...... 378

to be prosecuted within six months after of-
fence committed, . . , .51
fines imposed on, to be levied within one

week after conviction, . . .51
Of Indians, how punished, . . . .151

DUDLEY, JOSEPH.

governor, allowance of £500 to, . .' . 498
DUKES COUNTY. (See Martha's Vineyard.)
Martha's Vineyard, Elizabeth Islands, No-
man's Land, &c., to constitute, . 216
appeals from, to superior court of judicature,

to be heard in Plymouth, . . 216
jurors from, to be chosen for superior court of

judicature at Plymouth, . . . 216
DUNSTABLE. (See Frontiers.)
DUTIES. (See Impost.)

compounded for, by tribute of gold and silver

ore, 3, 6

DYE-WOODS. (See Impost, Logwood.)

EARS.

cutting off, offenders punished by, . . 54, 71
nailing to the pillory, ofienders punished by, 54, 514
EASTERN INDIANS. (See Indians. )
ECCLESIASTICAL COUNCIL.

how constituted and convened, .... 216

powers of, 216

ECCLESIASTICS. (See Roman Catholics.)
EDUCATION. (See Schools.)
ELDERS OF CHURCHES.

exempt from taxes. (See Taxes.) .
ELDEST SON.

Double share in intestate estate, to him or

his issue, . . . . . .44

to go to next eldest son or his issue in case
of death of first-born son without
issue, .... . . 44

Whole estate, when not divisible, &e., to go
in the same order, upon payment,
&c., to the other children, . . 44
ELECTIONS. (See Representatives, Town
Meetings.)
by general court, the governor to have nega-
tive voice in, 17

ELECTORS. (See Votes.)

qualifications of, (See note to 1698, cftap. 4, p,

363,; 11,88

of electors of county treasurer, . . .63
in town-meetings, 65, 88

EMBEZZLEMENT. ( See Estates of Persona
Deceased.)
by officers of military companies, of fines, &c.,

how punished, .... 474, 475
ENEMIES. (See French, Indians, Militia,
Prisoners, Service.)
French, act to prevent supplies to, . . . 220
French and Indian, tax for prosecuting
war against. (See Taxes.)
militia to oppose. (See Military Officers.)
excise granted for prosecuting war against.

(See Excise.)
impost granted for prosecuting war against.

(See Impost.)
act for assisting the neighboring colonies and
provinces against, 36; continued,
99, 176, 211, 221, 224, 236, 268, 291, 311, 397
correspondence with, or sending supplies

to, to be treason, .... 595
penalty to be death and forfeiture, . . 595
removing to, or residing in, territory of,

without license, to be treason, . . 595
penalty to be death and forfeiture, . . 596
facts committed out of the province, where

to be tried, 595

what acts of necessity and charity towards,

permitted 5%

ENGLISH GOODS.

impost on, . 31, 200, 270, 343, 432, 479, 492, 526

820

Index.

EITGLISH QOOHS— continued.

in importers' hands, unsold, how assessed for

taxes, . 213

ENGLISH SUBJECTS.

rights of, extended to inhabitants of the pro-
vince, 14

ENGKOSSING.

in Boston, how punished, 239

ENLISTMENT. (See Castle, Militia, Service,

Volunteers. J
ENTRY. (See Excise, Impost, Mortgage.)

of vessels. ( See Naval Office, Vessels.)
EQUITY. (See High Court of Chancery, Mort-
gage.)
common-law courts authorized to administer,

in certain cases, 75, 145, 285, 356, 373
Mortgages or conditional conveyances of es-
tates, and deeds of bargain and
sale with defeasance, forfeitures
under, to be relieved against by su-
perior court of judicature or courts
of common pleas, .... 356
suits for redemption of, against mortgagee,
&c., in possession, limited to three
years after condition broken, . 357
Penalties and forfeitures, of bonds and
other contracts to be relieved
against in like manner, . . 356

against judgments rendered since April, 1686,

parties aggrieved how relieved, . 356
remedy open until the tenth of December,

1701, 357

proceedings in such cases to be brought by

bill, plaint or declaration, . .357
Indians, (natives,) to have relief in, against
contracts of service, on complaint
to the courts of sessions, . .436

EBBOB, (See Actions, Writs.)

"Writ of, form of, 83, 320

to be brought within ten days after judg-
ment 73

within twenty days after judgment, . . 185
within one year after judgment, . . . 284'
to lie from judgment on review in common
pleas, to superior court of judica-
ture, 73, 284, 371

party bringing, to recognize beforejustices
of superior court to prosecute and
abide judgment, . . 73, 284, 373
in double the value of the debt or damage, 73
in the value of the debt or damage, . 284,373
assignment of errors in the proceedings
and judgment of the inferior court
to be made in writing by party
bringing, and to be signed by him-
self or his attorney, .... 321
to be filed in the office of the clerk of the
inferior court fourteen days before
the sitting of the superior court, . 321
adverse party in, to have copy of assign-
ment of errors, if he desires the

same, 321

to be notified and served with summons
out of clerk's office of superior
court fourteen days before the sit-
ting of the court, . . . .321
plaintiff in error to cause record and pro-
ceedings, and errors assigned, to be
certified to the superior court, . 321
to pay costs of copies, &c., and to be repaid

EBBOB— continued.

by defendant upon reversal of judg-
ment, 321

judgment upon, to be final, . . .73, 284
ESCAPE. (See Prisoners for Debt, Roman
Catholics.)

act to prevent escapes, 424

of prisoner, how punished, .... 423, 425
to be evidence against him, .... 425
connivance or neglect of gaoler or prison-
keeper, how punished, . . 425, 420
for debt, through defect in prison, county

how answerable to creditor for, . 426
ESCHEAT.

lands, &c., not to be subject to, except in case

of high treason, . . . .41
ESSOIN.

when not allowed, 33, 54, 76, 88, 97, 116, 192, 276,
287, 351, 374, 377, 394, 481
ESTATES. (See Taxes.)

to be subject to taxation, ..... 16
may be disposed of by deed or will, . . .44
ESTATES AT "WILL.

all estates created by livery of seizin, or
parol, only, to have the efiiJct of,
after Dec. 31, 1692, .... 46
except existing leases, for not more than
three years, wherein the rent re-
served amounts to, at least, two-
thirds of the improved value, . . 46
ESTATES FOR YEABS.

to be created and surrendered only by written
instrument, or by operation of law,
after the last day of Dec, 1692, . 46
leases made previous to Dec. 31, 1692, for not
more than three years, wherein the
rent reserved equals two-thirds
of the improved value, excepted, . 46
ESTATES OP PEBSONS DECEASED.
(See Administrators, Executors,
Wills.)
Of intestates, act for settling, . . .4$
Administration upon, how granted, . . 44
Debts, funeral- and other expenses to be first

paid, 44

Descent of, rules of, (See Resolves, p. 794,) 44
Distribution of what remains, after pay-
ment of debts, &c., to be made by
judges of probate of wills and for
granting administrations, . . 44
real and personal estate, to be distrib-
uted, 44

widow to have one-third of the personal

estate, 44

and if there are no children or issue of de-
ceased child, one-half of the per-
sonal estate, . . - . . .44
and one-third of the real estate for life,

unless endowed before marriage, . 44
children, and their representatives to share
the remainder of the real and per-
sonal estate equally; and, if there
is no widow, to take the whole

estate, 44

except, such as have had advancements
equal to a full share, in the lifetime
of the intestate, .... 44
and children who have had advancements
less than a full share; who are to
receive enough to make the whole

Index.

821

ESTATES OF PERSONS DECEASED—
contimied.
amount received by them equal to

a full sbare,

portion of children dying under age and
unmarried, logo to the survivors,
to be shared equally by the mother,
brothers and sisters, and the repre-
sentatives of deceased brothers or
sisters, 652

eldest son, or liis issue, or oldest surviving
son, where there is no issue of any
older son, to take a double portion
or two shares

daughters, where there are no sons to take
as coparceners,

next of kin, in equal degree, and their rep-
resentatives, to take, where there
jre no lineal descendants, . 44, 45
Partition of houses and lands to be made
upon oath, by five freeholders, any
three of whom to act, . . .44

committee to be appointed and sworn by

the judge, 44

may be made by parties themselves, in
writing if legally capable,

in such, case, if the division be signed,
sealed and presented to the judge,
it shall be accepted and allowed ;
and if acknowledged before the
judge and recorded shall be valid
in law

when not divisible without injury to the
whole, the judge upon representa-
tion and proof thereof may order
the whole estate to the eldest son,

, if he refuses, then to any other of the sons

successively, 44

the son taking the whole, to pay to the other
children their proportionate parts
of the value, or give security to pay
within such time as the judge shall
order, with interest,
to be appraised on oath by three freeholders
appointed and sworn by the judge,
Heversion of the widow's dower, to be di-
vided after tlie expiration of her

term,

Sond, to be given by distributees to refund
shares, &c., to administrator, if
debts afterwards be made to ap-
pear, 45

Allowance, to widow and family of the

deceased, by judge of jirobate, . C52

to consist of necessary bcddiug; and uten-
sils and implements of household
necessary to the upholding of life, C52

articles so allowed not to be assets in the
hands of the executor or adminis-
trator, nor subject to paxments of

debts, 052

even if the estate prove insolvent, . . C52

to be made by the judge in making up and
passing accounts of administra-
tion, 652

Sales of real estate, for payment of debts
and legacies may be made upon
license from the superior court of
judicature, when personal assets
are insulBcient, . . .69, 254

ESTATES OF PERSONS DECEASED—
contintied.
deed in such case, duly executed to pass the

title, 69, 254

"Writs to run against, and not against exec-
utor or administrator personally, 536
Executions for debts or legacies, how levied

upon, 537

goods or estate seized upon, to be sold at

public sale, 537

or taken at appraised value ; appraisement

to be made for that purpose, . . 537
Concealment or embezzlement of, parties
charged with, how cited and exam-
ined by the judge of probate,

49, 252, 431
complaint against may be made by execu-
tor or administrator, or any heir,
creditor or legatee or other person

interested, 431

judge may commit suspected person refus-
ing to swear, to gaol, . . 252, 431

how to be released, 252

appeal allowed to governor and councd, 252, 431
Insolvent, acts for the distribution of, . 48, 251
to be equally distributed among all the

creditors, 48, 251

debts due to the crown, last sickness and

funeral expenses excepted, . . 251
representation of comlition of, to be made
by executor or administrator to
judge of probate before payment of

debts, 48, 251

commissioners, two or more, to be there-
upon appointed by the judge and
their duties, . . . .48, 251
appraisers, two or more, to be appointed
by the judge and sworn by him to
appraise tlie estate, , , . . 251
creditors allowed six or twelve months

time to prove their claims, . . 48
six, twelve or eighteen months to be

allowed them, 251

time and place of meeting for proof of
claims, how notified by commis-
sioners, . . . . . 48,251
report of commissioners to be made, and
list of claims presented by them, to
the judge,— their compensation, 48, 251
order of distribution to be made by judge,

48, 251
expenses of last sickness, and of funeral,

payment of, to be first ordered, . 48
these and debts to the crown to be paid

before order of distribution, . .251
widow's dower not to be distributed, . 48, 251
reversion of dower to be distributed at the

expiration of the term, . . 48, 25 1
executor or administrator allowed to con-
test proof of claim at common law, 251
actions for debts not proved before commis-
sioners, barred pending proceed-
ing and afterwards, unless fur-
ther assets be found, . . 49, 252
except for debts due the crown, sickness,

and funeral charges, .... 252
ESTATES TAIL.

general, descent of, opinion or declaration of
the council upon, (see Resolves,
p. 794.)

822

Index.

ESTRAYS. (See Strays.)
ESTEEATS.

of fines, forfeitures, amerciaments, moneys,
recognizances, &c., when to be de-
livered to tlie sheriff, . . . 127
schedule of, to be delivered to the province

treasurer, 127

EVIDENCE. (See Deer, Licenses, Oaths, Wit-
nesse?, and see Kesolves, p. 791.)
Bastaxdy, in cases of, the accusation of the
mother taken upon oath in time of
parturition, to be received as, . 52
Burden of proof to rest on claimant of
liquors seized for nonpa3'meut of
excise : provided, &c., 119, 273, 392, 502
and for nonpayment of impost, . . .315
on motlier concealing death of bastard, . 55
Of profanity, not to he received after thirty
days next after the offence com-
mitted, 51

Eigli treason, two witnesses of required, . 255
Slauehter-liouses, what to be proof of, . C57
Indians, accusation and affirmation of, con-
fronting the accused in open court,
to be received, with other concur-
ring circumstances, as evidence in
prosecutions for giving or selling
liquors to Indians; unless, &c , . 151
Purgation, allowed to the defendant, and

form of oath, . . , . . 151
Robbery on the highway, testimony of party

robbed to be received as, . . 671
"Women, assaulted in the streets, &c., testi-
mony of, to be received as, . . 674
Escape of prisoner, evidence against him, . 425
Guns taken from persons firing on Boston

neck, to be used as, (see Larceny,) 720
EXCHANGE.

what rates of, not to be deemed usurious, . 113
EXCISE ON LIQUORS SOLD BY RE-
TAIL. (See Commissioners and Col-
lectors of Excise, ^c, Resolves, p. 791.)
Acts granting, 30, 57, (continued, 103, 163, 207,
235,) 269, 342, 391, 433, 475, (continued,
491, and additional act, 500,) 527, (con-
tinued, 552, 560, 585, G05, 621, 639,) 662,
(continued, 074, 695,) 716, 738.
acts conferring powers on, and regulating
the duties of, officers of excise,

118, 163, 190, 223, 312, 391, 433, 513
To be paid by all retailers of liquors,

32, 58, 104, 119, 163, 207, 235, 272, 344,391

who are licensed, 433

brewers and distillers, . . .33, 273, 502
(Seep. 526, and Impost.)
including innholders and retailers brewing

their own beer, . . 33, 273, 502, 513
and retailers distilling their own liquors,

33, 273, 502

makers of cider, 33

licensed innholders, common victualers, tav-
erners and retailers,

476, 491, 528, 552, 663, 716, 738

coffee-house keepers, 738

To be laid for defraying the expenses of the
French and Indian war,

30, 103, 207, 235, 269, 662

the defence of the province, 30, 103, 207, 235,

269, 312, 391 433, 500, 662, 738

the province galley, . ]16, 165, 269, 500

EXCISE ON" LIQUORS SOLD BY RE-
TAIL— continued.

the fire-ship, 269

Other vessels employed in defence of the

province, 269

wages and subsistence of soldiers and sea-
men in the public service,

391, 433, 475, 500, 527
pay of soldiers at Castle Island and at Fort

Mary, at Saco, .... 391, 433
castle, forts and garrisons, . . . 550, 662
subduing Indian rebels, .... 342
payment of province debts, the support of
the government, and defraying in-
cidental charges, 235, 269, 342, 391, 433,
475, 492, 527, 716, 738
grants, salaries and allowances by the gen-
general assembly,

235, 269, 342, 391, 4.33, 475, 527
drawing in bills of public credit, 501, 510, 662, 716
Bates of excise granted on Passado, Mala-
ga, Canary, sherry and Madeira
wines ; rum, brandy and other dis-
tilled spirits; perry, beer, ale and
cider, 32, 57, 103, 272, .311, 391, 392, 433,
4.34, 476, 528, 662, 716, 738
Fayal wine, . . 32, 57, 103, 272, 602, 716, 738
common wines of the Western Islands,

272, 311, 391, 433, 476, 528, 002, 716, 738
metheglin, or mead, 32, 476, 528, 062, 716, 738
Malmsey 311, 391, 433, 476, 528, 662, 716, 738

port, . 311, 392, 4.34, 476, 528, 062, 716, 738

other wines, 57, 392, 434, 476, 528, 602, 716, 738
on strong beer and ale, to be paid by brew-
ers, . . , . . . .502
Rates of excise granted on spirits, to be paid

by distillers, 502

composition for, may be made by officers
and farmers of excise,

33, 119, 274, 393, 477
and paid quarterly, . . .33, 274, 393
to be computed by court of sessions, . 476, 527
and paid semiannually, . . . 476, 528
fixed, for the several counties, by the gen-
eral assembly, and apportioned by
the courts of sessions, . 663, 716, 738
and paid semi-annually, . . 663, 717, 739
How and to wbom paid : to commissioners

of impost and excise, . . .33

and their deputies, 33

to commissioner of impost, excise and ton-
nage of sliipping, .... 163
to commissioners and collectors of excise

and their deputies, 272, 316, .392, 4-34, 502
(and seep. 526, and Impost.)
within 24 hours after receiving the same, 33
before receiving the same into their

houses, warehouses, &c., . 119, 27.3
once a week by brewers and distillers, ^ 502"
quarterly by retailers, .... 4.34
to province treasurer, . 476, 528, 6i33, 717, 739
to whom the clerks of the sessions shall
send lists of all licensed persons
within one month after license
granted, . . 476, 528, 663, 717, 739
Recognizance for payment of, to be given by
licensed retailers, &c.,

329, 4.34, 527, 528, 663, 717, 739

forfeited, penalty, how recovered, . 431, 177

Payment of excise, how enforced by action,. 393

Index.

823

434

C63

EXCISE ON LIQ,UORS SOLD BY RE-
TAIL— continued.
Rebate or allowance of 25 per cent to be

made for waste and leakage, . . 434
of 10 per cent to be made for leakage, . . 513
of the whole amount on liquors unsold that

have paid excise, .... 478
to brewers and distillers on liquors ex-
ported, 502, 503

Entry to be made of all liquors, &c., on hand,
with the commissioners of impost,
excise and tonnage of shipping or

their deputies, 33

with the commissioners and collectors of
excise or their deputies,

272, 346, 392, 502
of liquors, &c., subsequently purchased,

brewed, distilled or made, 33, 273, 392
within 24 hours after receipt or purchase, . 33
before receiving them into their houses,

&c., 119,273

unless excise has been compounded for, 119
once a week by brewers and distillers, on

oath and in writing, . . . 502
Account of liquors made, on hand or pur-
chased, by retailers, to be rendered
by them, quarterly, to county
commissioners of excise, .
by them quarterly to the courts of ses-
sions,

Searches for and seizures of liquors not en-
tered, &c., to be made in the houses,
&c., of retailers, &c., in the day-
time, by officers of excise,

33, 119, 273, S9'Z
of liquors of retailers, &c., concealed in
the houses, &c., of other persons,

33, 274, 392
to be made ex officio in brewerieo and
distilleries by commissioners aided

by a constable, 502

seizure to be made of small beer, &c., for the
use of the province, the commis-
sioners paying therefor at the rate
of six shillings the barrel in bills of

. public credit, 513

searchers to gauge casks, &c., . 33, 273, 392
seaxcli-warrant, for breaking and entering
the houses, &c , of retailers, &c.,
how granted by justices of the
peace, . . . 119, 273, 274, 393
the houses, &c., of other persons conceal-
ing liquors, &c., belonging to any
licensed retailer, . . 273,274,393
to be served in the daytime, 119, 273, 274, 393
damages for unfounded entry under, to be
recovered of the informer in an
action of trespass, by party charged
with concealing liquors, &c., be-
longing to licensed retailer, . 274, 393
forfeiture to be made of all liquors found in
the possession of retailers, &c.,and
not entered, &c., and proceedings
therefor, . . 33, 119, 273, 274, 392
and in the possession of other persons, be-
longing to retailers 274

of liquors not entered, &c., found in the
possession of the person brewing,
distilling or making the same,

33, 273, 392

EXCISE ON LIQUORS SOLD BY RE-
TAIL— con tinned.
of licenses when to be made and not to be

renewed for three years, . 273, 392
other penalties on persons receiving or
concealing liquors, &c., belonging
to licensed retailers, not entered,
&c., .... 33,273,274,393
officers to be assisted in the service of
search-warrants, by a constable;
and all other persons required to

aid, 119,273,393

burden of proof to rest on claimant of seized
liquors (being a retailer, &c.,) and
not on prosecutor, as to payment
of excise, . . . 119,273,392,502
provided, the seizure be made, or action
brought within 10 days after ground

of forfeiture, 120

within 20 days, 273, 392

Paxming of the excise authorized,

104, 274, 340, 394
and farmer to have the same powers as com-
missioners, . . . 274, 340, 394
EXECUTION. CSee Absent Defendant, Es-
tates of Persons Deceased, Lands. J

Courts to award, 15

Of daath penalty. CSee Courts- Martial. J
In civil actions, forms of. (See Writs.)
not to be issued more than one year
after judgment, except upon scire

facias, 01

nor within twenty-four hours after judg-
ment, . . . . . . 373,406

To be stayed, on appeal to the king in coun-
cil, if security be given, . . .15
on appeal to the superior court of judica-
ture from the common pleas, . . 465
unless appellant fail to give surety to prose-
cute his appeal, in which case exe-
cution, to be issued by the clerk,

ex officio, 446

Goods, &c., exempt from seizure on: wear-
ing apparel, bedding for debtor and
his family, and tools necessary for
his trade and occupation, . . 332
Lands, &c., liable to seizure upon, where the
debtor shall not tender personal
estate suflScient to satisfy debt and

costs, 69, 254

sale of, upon execution, duly returned to
clerk's office, and recorded there to

pass the title, 254

Against executors and administrators to
run only against goods and estate
of the testator or intestate in their

hands, 537

Service of, on persons imprisoned on mesne
process, prisoner to be held thirty
days after adjournment of court,

373, 466

for debts contracted between Oct. 30, 1705,

and Oct. 30, 1715, not to be made

upon body or estate of debtor, if

he tender sufficient amount in bills

of credit, 701

Not satisfied by imprisonment of debtor (see

Resolves, p. 793), . . . .332
Alias to be issued by clerk, ex officio, within
one year after judgment, upon the

824

Index.

EXECUTION— conWwued.

return of execution in part satis-
fied, 321

to be issued in like manner, within one year
after the return of the former writ
in part satisfied, or with the return
that neither the goods, estate or
person of the defendant can be
found, . , 404

Fluri^s to be issued in lil5;e manner, and re-
newed until the judgment be satis-
fied, 404

EXECUTORS. (See Estates of Persons De-
ceased, Wills.)
(See Resolves, p. 791.)

To cause wills to be proved and recorded
within thirty days after the death
of testator, . » . . . 45
penalty for wilful delay, ..... 45

Inventory of all testator's estate that has
come to his possession or knowl-
edge to be returned by executor,
on oath, to the register's ofiice
within three mouths after probate
of the will, or such furtlier time as
the judge shall allow, .. . . 53(>
further assets to be added by executor^ . 53&

Or give bond to pay debts and legacies,. . 536
such bond not to be taken where the execu-
tor is not residuary legatee^ . ., 536.

Sale of real estate by, for payment of debts
and legacies may be made upon li-
cense from the superior court,
when personal assets are insuffi-
cient, . . c . ^ . 69, 254

EXECUTOBS— ConWnMCc?.

Not personally liable for testator's debts or

legacies, except, . . . 536, 537
nor chargeable in their own estate, upon
any promise to pay, &c., unless in
writing, and signed, &c., . . 46
"Writs against, to run only against goods and
estate of testator in their hands,
except upon suggestion of waste,
and after judgment, recovered
upon scire facias f . . . 536, 537
To pay debts and legacies in specie, if pos-
sible, 537

otherwise, in goods or estate of the testator,
according to appraisement, to the
satisfaction of the creditor or leg-
atee, 537

Accounts to be rendered by, .... §36
Residuary legatee, being an executor, may
bring action of account against co-
executor, 536

may sue for his proportion:, .... 536
any other residuary legatee m^y ta^e rem-
edy against executor, . . . 536
In their own ■wTong, liability of, . . . 45
Of deceased constables and collectors, to

make up accounts of taxes, &c., . 411
when to be chargeable, &c. (See Taxes.}
EXEMPTION. (SeeMUitia, Watchand Watchr
men.)
ftom military service, fine for, and haw paid, . 13€
EXPLAJSTATORY CHARTER. (See Charter.)
EXPORTATION. (See Grain, Hides, Horses,
Impost, Slaves, Surveyors, Tar, Timber.).
EXTORTION. (See Fees.)

FACULTY'.

assessment for. (See Taxes.)
FAIRS.

At Boston, times and places for holding', , 238
At Bristol, times for holding, .... 142
FALSE PRETENCES.

penalty for falsely pretending to be a sheriff",

deputy sheriff, constable, &c., 354, 355
FAMILY. ( See Masters and Heads of Families.)
all minors required to be under government

of, 53&

except single women, upon certain con-
ditions, 539

FARMERS.

Of the excise. (See Excise.)

Of the impost. (See Impost.)

Usage of, in certain contracts, not to be

deemed usurious, .... 113
FAYAL "WINE.

excise on, . . .32, 57, 103, 272, 662, 716, 738

impost on, (See Wines.) . . .31, 209
FEES.

Act for regulating, 84

Of assessors of taxes appointed by court of

sessions, 218

Of attorneys :
in superior court of judicature, and courts of

common pleas, . . 185, 287, 374, 467

FEE S — contimied.

of one attorney only to be taxed in bills of

costs, .... 185,287,374,467
and of sworn attorney only, . - . 467
not allowed in actions before a justice of the

peace, .>.... 185
In bankruptcy, of eommissloBers on the

bankrupt's estate, .... 72?

In chancery, I'lS

In the superior court of judicature and
court of asisize :
of the justices, in civil and criminal eases, . 86

of the jurors, 80, .30S

of the clerk, in civil and criminal cases, 86, 3(JS
for entering appeals in criminal cases, . ."OS
for bonds taken in actions by foreign plain-
tiffs, 22:i

In the inferior courts of common pleas :

of the justices, 87

of the jurors, 87

of the clerks, 87

for bonds taken in actions by foreign plain-
tiffs, ^223

for recording deeds, &c., .... 299
In the eoxu-ts of general sessions of the
peace :
of the justices, .... 85,155,328,329
of the jurors, 369

Index.

825

FEES— continued.

of the grand jurors * . 194

of the clerks, . ... . . .87

for registering marriages, . . . .61

for taking recognizances of innholders and

retailers, .... 155, 328, 329

for entering appeals in criminal cases, . 369
for warrant of distress against defaulting

jurors, &c., 194

Of justices Of the peace, . . 84,324,325
for solemnizing marriages, . . . .61
for appointing measurers of vessels, . . 165

for writs, 185, 282

in forcible entry and detainer, . . . 443

of jurors impanelled by, 443

Of clerks of military companies, . . 131

Of collectors, 468

Of constables, .... 87, 217, 282, 468

Of coroners, 85, 429

Of criers of courts, 87

Of public criers, for crying impounded

cattle, &c 323

for crying of strays, &c 327

Of cullers of fish, (see Measurers of Salt,) 51

Of fence viewers, 333, 334

Of ferrymen, .... 116, 183, 651, 683
Of field-drivers, for impounding, &c., . 139, 322

Of gaolers, 88, 699

Of gaugers and packers of beef, pork, fish,

&c., 50

Of gaugers, viewers and surveyors of

casks for tar, &c., . . . 573, 633

Of hogreeves 730

Of impost officers :
commissioners, &c., . . 208, 272, 343, 479, 502
inspectors and waiters, 208, 270, 272, 343, 501, 502
Of judges and registers of probate, . . 85
Of measurers of cordwood and corders of

wood, 577, 653

Of measurers of salt and cullers of fish, . 51
Of measurers of vessels, . . . 165, 274
Of messenger of the house of repre-
sentatives, .... 170, 171
Of ministers, for solemnizing marriages, . 01
Of naval officers, . .38, 121, 336, 472

Of notaries public, 718

Of officers, for custody of appellants in crim-
inal cases, 217

Of postmasters, -116

Of pound-keepers, 139

Of persons notifying owner of impounded

cattle, 323

Of sealers of weights and measures, 70, 575-6
Of sealers and viewers of bricks, . . 683
Of searchers and sealers of leather, . 314
Of the secretary of the province, . . 85
for entry and bond by importer of Indian

slaves ■ . , 698

Of sheriffs or marshals, and their deputies,

87, 171, 282, 443
Of surveyors. (See Sealers and Searchers,
ante.)

of lumber, 656

of shingles, 212, 656

of ships and vessels, . . 114, 165, 274, 353

Of town clerks : for tolling horses, , . 444

for registering marriages, .... 210

births and deaths 1C4

for issuing certificates of, . . . . 105
horses feeding upon common lands, . . 138

104

FEES— continued.

strays and lost goods, 326

searchers of tar, and giving certificate

thereof, 633

Of treasurer of the province, for proving

and sealing weights and measures, 69

Of weighers of hay, 644

Of witnesses, .... 76,287,374,466
Excessive, penalty for taking, . 88, 336, 473
FEE-SIMPLE.

tenure of lands by. (See Massackusetts Bay.)
PELLO WS . (See Harvard College.)
FELONY. (See Bail, Capital Cases, Capital

Offences, High Treason, Sea.)
FEME COVEKT. (See 3Iar>-ied Women.)
FENCES. (See Common Fields, Field- Drivers,
Trespass.)
What arc to be deemed sufficient, . . .138
Stone walls, brooks, rivers, ponds or creeks
to be deemed sufficient, if so ad-
judged by fence-viewers, . . 138
Insufficient, how and when to be repaired,

138, 334
expense of repair, how defrayed, . . .139
owner of lands to which defective fence be-
longs liable for damage caused by
trespass of cattle in common fields, 323
Divisional, how long to be kept in repair, ■ 334
to be maintained equally by adjoining own-
ers of improved laud, . . . 334
how repaired where improved lands adjoin

unimproved, 334-

parties may agree for repair of, , . . 335
owners of laud adjoining house-lots obliged

to maintain, 335

where improved lands adjoin unimproved, . 3.34
FENCE-VIEWERS. (See Fees, Rksolves, p. 793.)

to be chosen and sworn, 138

to judge of sufficiency of fences, . . . 138

how and when to repair defective fences, . 138
double costs of repair, when allowed to, . . 138

penalty for not serving, 333

for neglect of duty, 333

when to impress workmen and teams, . . 334
double pay allowed for such, .... 334
expenses of, how adjusted and recovered, . 334
PERBIES. (See Chctrlestown, Winnisimmet.)
postmen and their horses to be carried over

free, 116

assembly-men to be carried free, . . 183, 184
FERRYMEN. (See Charlestawn, Fees, Win-
nisimmet.)

exempt from military duties 130

to be licensed by court of sessions; to give bond, 183
penalty for non-attendauce and for not keeping

good boats, . . . . .183
to transport postmen without delay, . 117, 183
FETTERS. (See Idle and Disorderly Persons.)
FIDDLERS, COMMON. (See Idle and Dis-
orderly Persons.)
FIDELITY. (See Declaration of Fidelity.)
FIELD-DRIVERS OR HAYWARDS.
(See Fees, Pounds.)

how chosen, .133

to impound cattle, horses, sheep and swine, go-
ing at large, or damage feasant, 139, 322
FIELDS. (See Common Fields.)
FIERI FACIAS. (See Writs.)
FINES. (See Militia . )

act for rendering au account of, ... 127

826

Index.

FINE S— continued.

Sheriffs, estreats of, when to be delivered to, 127
Clerlts of Courts, how to return accounts of,

and penalty for neglect, . . . 449
Justices of the peace, how to return ac-
counts of, and penalty for neglect, 449
PIBES.

In Boston, act for preventing, . . .42

act providing in case of, 677

buildings to be demolished to prevent, . 43, 677
Firewards, how appointed, .... 077

their badge of office, 677

powers and duties of, 677

how to act in case of pulling down or blow-
ing up houses, 677

assistance and obedience to be given to, . 678
disobedience or neglect of orders of, how pun-
ished, 678

Hobbery or larceny at, how punished, . 678
"Watchmen to guard against, .... 382

fiiielock-mu"sk:et.

foot militia to be provided with, . . . 129
FIBE-SHIP. rSee Taxes. J

excise laid for, 269

tax granted for, 278, 301

FIBING GUNS. {See Guns.J
FIRKINS.

to be made in proportion to the regular assize, 49
FISH. (See Casks, Gangers and Packers.)

Curing of, wharves, &c., permitted on public

lands for, 20

trees to be cut and used for, &c., . . .20
materials for, to be taken from public lands,

&c., 20

Packing and culling ;

fish and mackerel, how packed, . . .50
green or pickied fish, how packed for ex-
portation, 50

cullers of, 51

form of oath of, 79

fish not to be saved or salted in casks or vats

under penalty, &c., . . . .71
Catching :
mackerel, when to be caught, . . 71, 102, 507

penalty, . 71, 102, 508

not to be taken .in nets or seines, under

penalty, 71

obstruction of rivers by wears, hedges, fish-
garths, stakes, kiddles, &c., forbid-
den without license, . . 644
to be deemed nuisances, and how abated, 645
license to be granted by court of sessions, 645
FISH-GARTHS. (See Fish.)
FISHINGS. (See Massachusetts-Bay, Plymouth

Company.)
FISHING TRADE.

not to be abridged, . . . . . 19, 20

act to regulate and encourage 71

FLASK.

to be carried by troopers, 129

FLESH.

how packed for exportation, . . . .50
FLINTS. (See Towns.)

to be carried by militiamen, .... 129
FLOUR. (See Grain.)

exportation of, prohibited, 226

FLO"WTNG OF LANDS. (See Actions, MiOs,

Sewers, Resolves, p. 794.)
FOOD.

punishment by reducing allowance of, . . 378

FORCES. (See Militia, Service.)
FOBCIBLE ENTRY AND DETAINER.
Proceedings in, ou complaint to one or more

justices of the peace, . . . 442
to be according to the laws of England, . 156
assistance to be given to justices, . • .442
may be made by one justice of the peace, . 53
inquisition, how made, by two justices of the

peace, (quorum unus,) . . .442
restitution and re-entry how made, . . 442
juries in, how constituted, impanelled and

sworn, 442, 443

penalty for default of sheriff or jurors, . .443
fees of justices, sheriffs and jurors, . .443

offender, how punished, 443

fines, how applied, 443

damages to party deforced, and how recov-
ered, 443

not to extend to persons in quiet possession

for three years, .... 443

FORECLOSURE.

(See Mortgage.)
FOREIGN ATTACHMENT. (See Debtors,

Absent or Absconding.)
FOREIGN PLAINTIFF. (See Actions.)
FORESTALLING.

In Boston, what to be deemed, . . . 237

how punished, . 239

FORFEITURES. (See Excise, High Treason,
Impost.)
Lands to be free from, except in cases of high

treason, 41

Treason, in cases of, . . . 41, 255, 595, 596
Estreats of, when to be delivered to sheriff, . 127
FORGERY.

how punished, 53

altering bills of credit to be punished as, . . 557
FORM.

want of, in grants or conveyances of lands, &c.,
to towns, colleges, schools, before
1092, not to prejudice the title, . 10
FORMS. (See Bills of Credit, Coroners, Oaths, Pris-
oners, Recognizances, Service, Wolves, Writs.)
FORNICATION. (See Negroes.)

how punished, . ... . . .52, 578

FORT MARY. (See Garrisons.)
FORTS AND FORTIFICATIONS. (Se&
Castle at Castle Island.)
governor to erect, demolish, &c., . . .18
to appoint commanders of, . . . .18

to supply with ammunition, &c., . . . 18
FORTD NE TELLERS. (See Idle and Disor-
derly Persons.)
FOSTER, JOHN, and others.

granted a monopoly of making salt, . . .230
FOWLING.

act for the better regulation of, . . . . 667

pendJty for fowling in boats, &c., . . . 067
offenders not to use a gun for three years after
commission of the offence, under

penalty, 607

FRAMINGHAM. (See abatement, under
Taxes.)
tax of, for 1097 to be assessed by assessors of

Marlborough, .... .S04, 305
inhabitants of, to choose one assessor to join

with assessors of Marlborough, . 305
to choose a collector of taxes, . . . .305
if not so chosen, the constable or collector of

Marlborough to act, .... 305

Index.

827

FKANCHISES, grant of. (See Massachusetts

Bay, Plymouth Company.)
FRAUDS. (See Ac.ions, Bankrupts, Convey-
ances. J
And perjuries, act to prevent, . . .46
Conveyances of lauds, &c., with intent to
defeat and defraud creditors, made
Ayitliout valuable consideration, to
be void as against creditors, . 09, 254
PRIjEHOLDERS. (See Frontiers, Bepresen-
tatives.)
freeholders, inhabitants and other subjects
resident within the province, to be
taxed, (see Taxes,) . . 10, 20, 100
FREEHOLD ESTATES.

by parol, to have the effect of estates at will,

only, 46

except existing leases for three years or less, 40
FREEMEN".

Of the Massachusetts Company to be cor-
porate members thereof, and to
have the powers, liberties and priv-
ileges granted to the corporation, 7
FRENCH. (See Enemies.)

Of Port Royal, &c., trade with, forbidden

without license, .... 220
not to reside in seaports or frontier towns, nor
to open shops or work at trades
without license from the governor

and council, 90

nor without written approbation of selectmen, 90
how punished for violation of the above regu-
lations, 90

FRTETyTDLY INDIANS. (See Indians.)
FRINGE.

Of gold, silver, silk, giinp, hair and thread,

impost on, 501

FRONTIERS.

Amesbury, Chelmsford, Deerfield, Dunsta-
ble, Groton, Haverhill, Kittery,
Lancaster, Marlborough, Wells and
York, accounted frontier towns, 194, 402
Brookfleld, Mendon and Woodstock, also, . 402
what towns, not frontiers, considered ex-
posed, and subject to the same pro-
visions 402

FRONTIERS— con<inMe<f.

Desertion of, act to prevent, 194; continued,

236, 293, 311

new act, 402; continued, 474, 491, 520, 552, 566,

585, 605, 612, 639, 657, 674, 696

towns not to be broken up, . . . 194, 402

freeholders who are inhabitants not to leave

without license, . . . 194, 402
lands of, to be forfeited, in case, . . 194, 402
absentees, penalty on, for not returning, . 195
forfeiture, proceeding for, in superior court
of judicature, how conducted,

194, 195, 402, 403
persons not freeholders removing, how pun-
ished, 195, 403

to answer fine by service, . . . 195, 403
Relief of, how claimed and sent, . . .133

(see Militia.)
Militia in, to be iirovided with snow-shoes, &c., 547
Garrisons in, all persons with their families

to reside in, 586

Arms, to be carried by all male persons in, at
public worship and at their daily

work, 586

Dogs, act for raising and increase of hounds

for service in, 598

bounty to such as shall take, keep and raise
hounds, and hold them in readi-
ness for service against Indians,

&c., 598

Hunt-sergeant, or others employed in that
service, to be attended by the

hounds, 599

FRUIT.

how measured, 219, 436

penalty for giving other measure, and how

disposed of, ... . 219, 436
FULLING MILLS.

how assessed for taxes. (See Taxes.)
FURNITURE. (See Bankrupt, Debtor, Execu-
tion, Vessels, Widow.)
FUSTIC.

imported from any English plantation, and
which has paid duty there, exempt
from impost, 121

GALLEY, PROVINCE. (See Fire-Sldp, Im-
post, Sloop.) _
appropriations for, . . . 146, 159, 164, 165

tax for, 278, 301

excise granted for,' . . . 146, 165, 269, 500

proceeds of sale of, 743

GALLOWS.

offenders punished by sitting upon, 52, 171, 209, 297
GAMES, UNLAWFUL. (See Gaming.)
GAMING. (See Witnesses.)

in "public houses, &c., by dice, cards, tables,
bowls, shovel-board, billiards,
quoits, kayles and loggats, forbid-
den, under penalty, . . 57,122,123
one justice authorized to hear and determine

offence, 57

GAOL-DELIVERY. (See Superior Court of

Judicature.)
GAOLER. (See Fees.)

penalty on, for escape of prisoners, . . 425, 420
when required to deliver to prisoner, &c., a
copy of the warrant of commit-
ment, and penalty for refusing, . 97
when to release poor prisoners for debt, . . 331

penalty for refusing, 332

how to return lists of prisoners, . . . 424
GAOLS. (See Poor Prisoners, Prisons.)

sheriffs to have custody of, 381

to keep personally, or by deputy, . . . 381
GARDENS. (See Trespass.)
GARRISONS. (See Castle, Forts, ^c. Fron-
tiers, Impost, Service, Taxes.)

828

Index.

OAB.IRISONS— continued.

At the Castle, on Castle Island :

excise for, 391,433,550,662

taxes for, .... 165,213,239,258,277
At Fort Mary» in Saco :

excise for, .391,433

Generally :

excise for 650, 662

GAUGERS AND PACKERS. (See Casks,
Fees, Provisions, Tar. J
how and by whom appointed : to be sworn, . 49
penalty for refusing to serve, . . . .49
to pack in casks of full size, under penalty, . 49
to mark half barrels and firkins, . . .49
to see beef, pork, fish and mackerel properly

packed, 50

to seal the cask, 50

oath by, form of, .79

fAUNTLET, KUNNnSTG THE. (See Ser-
vice.j
GENERAL COURT. CSee Bepresentatives,
Writs.)
Writs for calling, forms of, . . 80, 202, 315

"WTien to be held, 11

How constituted, 11

Grants of land by, valid without royal appro-
bation, except, &c., . . . .17
Consent of, necessary to transportation of

militia, &c., 18

Adjournment, prorogation and disso-
lution of, to be by the governor, 12
Member of, or his servant, during the ses-
sions, or going to or from the court,
exempt from suit, arrest, imprison-
ment, &c., 89

Doorkeeper, and messenger of the house, ex-
empt from arrest during the ses-
sions. (Sec Eesolves, p. 793.)
Powers of:
to remove councillors, ... . . .12

to establish courts of record and other courts, 14
to make laws not repugnant to the laws of

England, 15

to settle and name, annually, all civil officers
whose appointment is not reserved
to the crown or to the governor, . 16
governor to liave negative voice in all elec-
tions, 17

to prescribe their duties and the forms of
their official oaths, being not re-
pugnant to the laws of England, . 16
to impose fines, mulcts, imprisonments and

other punishments, . . . .16
to Impose and levy proportionable and rea-
sonable rates and taxes, . . .16
Laws of, to be made and published under seal, 16
not valid without written consent of the

governor, 17

to be sent to England by the first opportuni-
ty for approval or disallowance by
the privy council, . . . .17
and sent under seal, . ... 17

if disallowed within three years after pres-
entation to the privy council, to

be void, 17

if not disallowed, to be in force until repealed

by the assembly, . . . .17
Ministers, provision and support of, how to
be made by, in towns refusing or
neglecting, 597

GENERAL ISSUE.

(See Pleadings.)
GENERAL SESSIONS OF THE PEACE.

CSee Sessions.)
GIMP- (See Fringes, Impost.)
GINGER,

from English plantations, and which has paid

duty, exempt from impost, . . 121
GLOVES.

impost on, 501

GOLD LACE. (See Lace.)

GOLD MINES. CSee Massachusetts Bay,

Plymouth Company.)
GOLD ORE.

one-fifth part of, reserved to crown. (See
Massachusetts Bay, Plymouth Com-
pany.)
GOODS.

how assessed for taxes Csee Impost, Taxes),

30, 92, 167, 190, 213, 614
GOVERNOR. CSee Commander-in-Chief, Lieu-
tenant- Governor.)
Appointment of, to be by the crown, . 10, 13
Oath for faithful performance of duties, and
oath instead of oaths of allegiance
and supremacy, to be taken by, 13, 14
Declaration of fidelity to be made by, 13, 14
oaths and declaration to be made before the
lieutenant-governor or, in his ab-
sence, before any two or more
councillors, or other person or per-
sons appointed therefor by the
governor for the time being, . . 13
Powers of:

to convene the council, II

to adjourn, prorogue and dissolve the gen-
eral court, 12

to administer the oaths to be taken instead
of the oaths of allegiance and su-
premacy, . . . .12, 13, 14, 77
and oaths of office to the justices of the
superior court of judicature and
courts of common pleas, . , .358
and oaths concerning Indian scalps pre-
sented for bounty 595

and oaths by raisers of hemp, . . . 473
to command the militia, and appoint offi-
cers, 18

to join in enacting laws, . . . .15,16
to have the negative voice in all legislation
and elections of the general court,

&c., 17,22

to receive notice of the disallowance of acts

from the privy council, . . .17
to license the landing of French prisoners of

war, 294

or their coming hither from the neighbor-
ing governments, .... 295
and the landing of passengers from vessels
infected Avith contagious diseases,
or coming from places wliere such
diseases prevail, .... 377
Roman Catholic clergy coming to the pro-
vince, to report to, . . . . 424
to direct transportation of French prisoners

of war, 294

to dismiss from service persons unfit for mil-
itary duty, 491

to authorize the searching of ships for tar,

&C., . 574

Index.

829

GOVEUNOn— continued.

to approve or disapprove of election of speak-
er of house of representatives, by
written message, .... 22
Death or removal of, the lieutenant-gov-
ernor to succeed upon, . . .19
Exempt from taxes. (See Taxes. J
And lieutenant-governor :
to administer oath and declaration of fidel-
ity to the representatives, . . 12
"With the advice and consent of the
council :
to nominate and appoint judges, commis-
sioners of oyer and terminer, sher-
iffs, provost-marshals, justices of
the peace, and other officers of the
council and courts of justice, . . 12
to appoint special courts of assize and gen-
eral gaol delivery, .... 719
to dispose of taxes by warrant, 16, 170, 218, 504
to license the erection of wooden, &c., build-
ings in Boston, . . .42, 405
and trade with the eastern Indians, , . 725
to direct the giving of security by command-
ers' of ships, &c., for the mainte-
nance of prisoners of war, . .294
to appoint truckmasters for trade with the
eastern Indians, and to fix their

salaries, 385

to appoint commissioners for Inspecting and

governing friendly Indians, . . 211
to reward persons apprehending any Koman

Catholic clergyman, &c., . . 424
to give rewards for detection of counterfeit
bills of credit, and for the convic-
tion, &c., of the counterfeiter, 723, 724
to take measures for preventing the spread

of contagious diseases, . . . 470
to appoint surveyors of hemp, . . .473
And council :
to have jurisdiction of the probate of wills
and granting of administrations
• of intestate estates, . . . .15
appeals to lie to, from judges of probate, &c.,

45, 252, 431
and from commissioners of sewers, . . 507
to hear and determine all controversies con-
cerning marriage and divorce, . 61
and charges against high military officers for

embezzlement of fines, &c., . .475
to license Frenchmen to reside in seaports

and frontier towns, . ... 90
and persons to remove from the fVontiers,

194, 402

and the exportation of provisions, . .227

to release French prisoners, . . . .90

to award the bounty for hemp, . . .473

GOVHIiNOU—coiitimKd.

to approve of obligations of companies for

encouraging the raising of hemp, . 473
to appoint commissioners of sewers, . . 506
to regulate the powder-house in Boston, (see

Resolves, p. 794), . . . .588
And two members of the council :
to examine Roman Catholic clergymen, ap-
prehended, &c 424

Guard of, gentlemen of the troop exempt

from watch and ward, . , 130, 382
GOVERNMENT. {See Massachusetts Bay.)

Taxes to be laid for the support, &c , of, . 16

To be religious, 16

GEATN". (See Biscuit, Flour, Malt.)

Exportation of, prohibited, . . 226, 277, 724
act continued, ...... 236, 249

of wheat, flour, biscuit, rye, barley, pease,

and Indian corn forbidden, . . 724
to New Hampshire and Nova Scotia, for the
supply of the inhabitants there, al-
lowed, and to Newfoundland, 277, 724
GEAMMAE SCHOOLS. (See Schools and

Schoolmasters.)
GRAND JURY. (See Jurors.)

all capital cases to be first presented by, . . 40
GRANTS.

By the colonial governments, of lands,
&c., to bodies politic or corporate,
confirmed, . . . . . ,9

not to be invalidated or prejudiced for want

of form, 10

By the general court of the province,
valid without the royal approba-
tion, except, &c., . . .17
GREAT BRITAIN. (See Style.)
GREAT SEAIi. (See Seal.)
GRIST-MILLS.

how assessed for taxes. (See Taxes.)
one miller at, exempt from military duties, . 1-30
GROTON. (See Frontiers.)
GROUNDS. (See Massachusetts Bay, Plymouth

Company.)
GUARD, MILITARY. (See Governor.)
GUARDIANS.

of minors, to be chosen by the wards if over

fourteen years of age, . . . 101
to be appointed by the judges of probate, &c., 101
GUNPOVSTDER. (See Boston, Powder, Ton-
nage of Shipping,.)
GUNS, (See Larceny, Militia, Service.)

Firing, or shooting, near the road on Boston

neck, act against, and penalty, . 720
gun to be seized, &c., by any freeholder, &c.,
and carried to the next justice in
Boston, in order to be produced at
trial, 720

HABEAS CORPUS.

In vacation, to be granted in all cases of
commitment for crime, except for
felony or treason, plainly express-
ed in tlie warrant of commitment,
or to persons convicted, or held in
execution, 90

HABEAS COB.VUQ— continued.

Justice of the superior court of judica-
ture to issue, in term time or in

vacation, 96

on complaint of person restrained, &c., or

any one in his behalf, . . .96
Writ of, to be under the seal of the court, 96

830

Index.

HABEAS COIRPTJS— continued.

to be signed by the person awarding the

same, 90

to be directed to the officer, &c., having cus-
tody of tlie person committed, . 96
to be returnable immediately before the
justices or a justice of the superior

court, • 96

Complainant to produce copy of warrant of

commitment or detainer, . . 96
or show, by the oaths of two witnesses who
were present, that liis written re-
quest for such copy was refused, . 96
Service of, to be made upon the sheriff,
gaoler, &c., or by leaving the writ
at the gaol or prison with any un-
der officer or deputy, . . .95
Heturn of, to be made b^ officer having cus-
tody, &c., within three days after
service, upon tender of charges,
&c., to be ascertained by the court
or justice that awarded the writ,
not exceeding twelvepence per

mile, 95

and upon security given, to pay expense of
returning the prisoner, if he shall
be remanded upon a hearing, and
that he shall not escape, &c., . . 95
if the distance between the prison, &c., and
place of return is above twenty
miles and less than one hundred
miles, ten days allowed for return, 90
If over one hundred miles, twenty days, . 90
body of the prisoner to be brought before the
justice before whom the writ is
made returnable, . . . 90

or in case of his absence, before any other

justice of the superior court, . . 90
when before the justices of assize, . . 99
officer, &c., to certify the causes of detainer

or imprisonment, . . . .96
Prisoner, detained by legal process, order or
warrant regularly issued by any
court or justice of the peace having
jurisdiction, in matters not bail-
able, not entitled to, and to be re-
manded, 96

or who shall have wilfully neglected, to pray

for a writ of habeas corpus, for two

terms after commitment, not to

have such writ in vacation, . . 97

in other cases, to be admitted to bail, within

two days, 96

penalty of recognizance to be fixed by the
court or justice before whom the
writ is returned, . . . .96
condition of recognizance, to appear at

next term of the court, &c., . . 96
court or justice to certify the writ, with the
return and recognizance, unto the
court where appearance is to be

made, 96

when enlarged, not to be recommitted for the

same offence, . . ■ . . .97
penalty against party wilfully causing or
assisting in the recommitment
of such prisoner, and how recov-
ered, 97

committed for high treason or felony, plain-
ly expressed in the warrant of

HABEAS COUFUS— continued.

commitment, to be indicted the
next term or let to bail, . . .97
upon his petition for indictment in open

court the first week of the term, . 97
and upon motion made in open court by
him or by some one in his behalf,
the last day of the term, . . .98
unless, it appears, upon oath, that the wit-
nesses for the crown could not be
produced the same term, &c., . 98
if not tried at the second term, or if ac-
quitted to be discharged, . . 98
not to be removed, from prison or custody,
except upon habeas corpus or some""
other legal writ, unless where be
shall be delivered to the constable,
&c., to be carried to gaol, or to be
sent to the workhouse or house of
correction, after sentence, or where
he is removed for trial or discharge,
in due course of law, or in case of
fire, infection or other necessity, . 98
penalty for making or serving any war-
rants for removal, except as above, 98
removed from gaol upon habeas corpus, after
the proclamation of the assizes in
term time, to be brought before
the justices of assize, . . .99
Denial of writ, in term time or vacation,

how punished, 98

Disobedience of writ, or refusal of copy of
warrant of commitment, upon de-
mand made therefor, how pun-
ished, 97

penalty for the second offence, fine to the
prisoner, and disability to hold

office, 97

penalties, how recovered, . . . .97
Prosecution, for offences against habeas cor-
pus act not to be brought after two
years from the commission of the

offence, 98

unless, the party aggrieved be still in prison,
in which case the two years shall
begin to run next after his death

or discharge, 98

general issue to be pleaded in all actions,

and prosecutions, . . . .69
HABEBE FACIAS POSSESSIONEM. (See

Writs.;
HATE -WORK. CSee Fringes.)
HALBERDS.

militia provided with, out of fines, &c., . . 133
HALF-BARRBLS. (See Barrels.)
HAMPSHIRE COUNTY. (See Appeals, Su-
perior Court of Judicature.)
HAKTDICRAFTSIVDEN.

how assessed for taxes. (See Taxes.)
HARBORS.

act to prevent stopping of, &c., and removing

ballast from the shore, . , . 723
penalty for throwing ballast overboard, in any

road, port or harbor, . . . 723
precautions to be taken to prevent its falling

overboard, ..... 723

ballast not to be taken from any island, beach,
&c., by masters of vessels without
license from the selectmen or pro-
prietor; penalty, .... 723

Index.

831

HAKB Ona— continued.

when to be taken by vessels outward bound,
Cape Cod harbor, act for preserving, &c., .
HAEVARD COLLEGE.

Acts incorporating, . . . .38,
Exemption from taxes, of corporation,
president, fellows and students.
(See Taxes.)
President, fellows and students of, and
the servants and officers of the pres-
ident and corporation, not exceed-
ing three to the president and twelve
to the college, exempt from civil of-
fices, military exercises, watcMngs
and wardiugs, . . . .39,
same exemption, except that the number of
servants exempted is not to exceed
three for the president and seven
for the scholars, . . . 130,
officers and students of, exempt from watch,
Academic degrees to be conferred by, as in
the universities of England, . 39,
Visitation of, to be in the governor and

council,

Grants, &c., to, confirmed, . . .39,
Charlestown ferry, grant of the profits
thereof to, mentioned, .
HARWICH.

incorporated,

HASSAJSTAMISCO INDIANS. {See Friend-
ly Indians, under Indians.)
HAVENS. ( See Plymouth Company.)
HAVERHILL. (See Frontiers.)
HA'WE::ERS. (See Pedlers.)
HAY. (See Boston.)
HAYWARDS. (See Field-drivers.)
HEDGES. (See Nuisances, Fish.)
HEIRS. (See Descent, Distribution, Estates
Tail, Partition.)
if legally competent may divide the real estate
of the ancestor among themselves,

&c.,

of persons accused of witchcraft, right of inher-
itance not saved to, (note,)
not to be defeated by escheat or forfeiture of
ancestor, for crime, &c., except for
high treason, . . . .41,
HEMP.

Act to encourage the raising of, . . .
Company for purchasing native hemp, how

to be formed,

what bounty to be paid,

penalty for selUng, under false pretence that

it was raised in the province, .
what to be deemed merchantable, .
Surveyors of, how appointed,
oath of, how administered, .

form of oath,

how paid, . •

Dew-rotted, not to be used by rope-makers
for cables or rigging; penalty,
HERDSMEN.

constantly employed, exempt from military

duties,

HEREDITAMENTS. (See Massachusetts

Bay, Plymouth Company.)
HERITAGES. (See Lands.)
HIDES. (See Butchers.)

raw, acts to restrain the exportation of, . 152,
horsehidc, not to be used for inner soles, .

723
741

288

130

289

382

290

290
290

651

181

473

473
473

473
473
473
473
474
474

474

431
313

HIGH COURT OP CHANCERY.

Acts establishing, 75, 144

How constituted:
to be held by the governor, or a chancellor to

be appointed by him, . . .75
to be assisted by eight councillors, . . 75
to be held by three commissioners, being

freeholders within the province, . 144
to be appointed by the governor with the

advice and consent of the council, 144

to be sworn, 145

to be assisted by five masters in chancery, 144
to be appointed by the governor and

council, . . . . . . 144

to be sworn 145

their duties, 144

to appoint all necessary officers of the

court, 75

to appoint a register, and other officers, . 145
Sessions of:
to sit at such times and places as the gov-
ernor or chancellor may appoint, . 75

to be always open, 145

to sit for hearing and determining cases, on

the second Tuesday of January,

April, July and October, annually, 145

Jurisdiction and powers of, . . 75, 144

not to supersede the powers of other courts

to chancer the penalties of bonds,

&c., 75, 145

processes already made in, to be valid, . .' 145
cases depending in chancery to be carried to

final issue, 145

to make orders and decrees interlocutory
and definitive, to order subpoenas,
attachments and other processes,
and to award execution, . . 144
"Writs and processes of:
to be under the seal of the province, . . 145 '
to bear teste of the three commissioners, . 145
Appeals from:
allowed to the privy council in all personal
actions where the matter in differ-
ence exceeds three hundred pounds

sterling, 7G, 145

to be made seasonably, and security given
according to the requirements of
the charter, &c., . . .70, 145

Pees in, 145

HIGH SEAS. (See Sea.)
HIGH TREASON. (See Bail, Capital Cases,
Habeas Corpus, Zand, Sea,)
defined and how punished, (See note on p. 56, J

55, 255
compassing or imagining the death of the
king, queen or heir apparent, levy-
ing war against the king, or adher-
ing to his enemies, giving them aid
or comfort, counterfeiting the great
seal, privy seal, or seal of the prov-
ince, to be deemed, .... 255
persons committed upon charge of, when to be

indicted or admitted to bail, . . 97
to be tried under act of parliament, 7 W. ill.,

chap. 3, 255

to be proved by two lawful and credible wit-
nesses, brouglit face to face with
the accused in open court, . . 255
forfeiture, &c., to follow conviction, . 255, 593, 596
HIGHWAYS. (See Ways.)

832

Index.

HOGBEEVE. (See Swine, and Resolves, p. 794.)
HOGSHEADS. (See Casks.) to hold 63 gallons, 49
HOLSTERS.

to be carried by troopers, 129

HOBSES. (See Common Fields, Pounds.)
How assessed for taxes. (See Taxes.)
Of troopers to be enlisted, size of, &c., . . 129
Exportation and tolling of:
none to be shipped for exportation before

they are tolled, 444

penalty, 444

town clerks to view, and register all such
horses in a toll-book to be kept by

them, 444

HOBSE, ■WOODEN.

punishment by riding. (See Militia-)
HOUWDS. (See Frontiers.)
HOUSEHOLD UTENSILS.

necessary, exempt from distress for taxes, . 412
HOUSE OF BEPBESENTATIVES. (See

Representatives.)
HOUSES.

how assessed for taxes. (See Taxes.)
HOUSES OF COBBECTION. (See Idle and
Disorderly Persons.)
To be provided in every county, . . . 378
Masters of, how appointed, .... 378

how paid, 379

to punish idle and disorderly persons, com-
mitted, &c., by whipping, . . 67
. to account for earnings of prisoners, . 379, 380

HOUSES OP COBBECTION— con«nit€<?.

penalty for not accounting, .... 380
Prisoners in, how supported, . . . .379

to be kept to hard labor, 67

labor for, how provided, .... 378, 379
county not chargeable with expenses of, . 379
Slaves and servants, Indian, mulatto and
negro, out of doors after nine
o'clock in the evening to be punish-
ed in, 530

Free negroes, to be punished in, for non-
payment of fines 007

Idle and disorderly persons, to be com-
mitted to, . . - . . 538, 654
Persons convicted of assaults upon

women, &c., to be punished in, . 674
Courts of sessions to make rules for the
government of, and for the punish-
ment of prisoners, . . . 378, 379
to discharge certain prisoners, . 67, 539, 655
Two justices committing any person, au-
thorized to discharge him, . . 655

One justice to discharge, 67

HOUSES OP ILL-FAME.

watchmen to take particular observation of, . 382
HUE AND CBY.

justices of the peace to make out, . . .53
HUNT-SEBGEANT.

(See Bogs, Frontiers.)
HUTCHINSON, ELISHA, and others.

granted a monopoly of making salt, , . .231

IDIOTS. (See Insane Persons.)
IDLE AND DISOBDEBLY PEESONS.
(See Houses of Correction, Work-
houses.)

Selectmen to set to work, . . . .67

Justices of the peace, one or more, if they
refuse to obey, to sentence them to
house of correction, to be kept at
hard labor, .... 67

Or courts of sessions, to commit to house

of correction, 378

and there to be whipped, . . . . 67, 378

Bogues, vagabonds, stragglers, roving beg-
gars, persons using any subtle craft,
juggling, or unlawful games or
plays, pretending skill in physiog-
nomy, or palmistry; fortune-tel-
lers, pretended discoverers of lost
goods, &c.; common pipers and
fiddlers, runaways, stubborn ser-
vants and children, common drunk-
ards, common night-walkers, pil-
ferers, wanton and lascivious per-
sons, in speech or behavior, com-
mon railers or brawlers, idlers and
spendthrifts to be punished as, in
houses of correction, . . . 378
earnings of, how appropriated, . . .379
county not to be charged with expenses of

keeping, 379

IDLE AND DISOBDEBLY PEBSONS

— continued.
Persons warned out of town, and return-
ing, to be proceeded against as, . 453
Idle poor, to be set to work, &c., . . 538, 654
Minors, not to support themselves outside of

some famUy, .... 538, 654
except single women, in some instances, 539, 655

penalty, 538,654

"Women of ill-fame, not allowed to receive

lodgers, &c., .... 538, 654

penalty, 538, 655

Discharge of, from houses of correction, &c.,

to be by court of sessions, 67,539,655
IDOLATBY.

defined; and punishment of, . . . .55
ILL-FAME.

Houses of, &c., to be inspected and particu-
larly observed by watchmen, . . 382
Women of, not allowed to receive lodgers,

&c., 538,654

IMMIGBANTS.

regulations respecting importation of, . . 452
IMMOBALITY.

act to prevent, 679

IMPAELANCE. (See Pleadings.)
IMPOBTEBS. (See Impost, Slaves.)
IMPOSITION. (See Privileges.)
IMPOST. (See Commissioners of Impost, ^-c,
Slaves, and Resolves, pp. 791, 795.)

Index.

833

IM.FOBT— continued.

Acts granting, 30,57, 5S; (continued, 103, 103;)

200, (continued, 207, 235;) 209, 342, 347,
432, 478, 492, 500, 513, 525; (continued,
525, with additions,— 50(5, 585, witli ad-
ditions,—005, 034, 039, 057, 074, 696, 717,

737)
Acts conferring powers on officers of,

and regulating payment, 33, 118, 103,

201, 208, 236, 271, 275, 277, 306, 307, 346,

433, 482, 513, 634, 630
To be laid for the same purposes as the ex-
cise. ( See references under Excise,
also, 478, 525 J
To be paid by importers,

30, 57, 269, 270, 343, 478, 492, 500, 520
masters of vessels, . . . 480,492,513,552

distillers, 520

Kates of impost granted on imported wines :

Fayal 31, 200

Malaga, . . 31,200,209,343,478,492,526
sherry, . . 31, 209, 343, 478, 492, 501, 526
passado, Madeira, Canary, port,

31, 200, 209, 343, 478, 492, 501, 526
other wines, ... 57, 269, 343, 492, 526
common wine of the Western Islands,

209, 343, 478, 492, 501, 520

Malmsey, 343, 492

rum and other distilled spirits,

31, 200, 209, 343, 478, 492, 501, 520
English goods and merchandise,
♦ 31, 200, 270, 343, 432, 479, 492, 520

sugar, molasses, tobacco and logwood,

31, 200, 201, 270, 343, 479, 492, 520

other dye-woods, 201

all other dutiable commodities,

31, 201, 270, 343, 479, 492, 526
wrought silks, gold and silver lace, fringe,
thread, twist and buttons; lace
made of silk and thread; silk,
gimp, hair and thread fringes ; all
ribbons and necklaces; cast-iron;
shoes, pattens, gloves and periwigs, 501
on rum or other spirits distilled within the

province, 520

negroes, 678, 679

Excepted goods, to be imported free of
duty : salt, cotton, provisions and
every other thing of the growth
and product of New England,

81, 269 343, 478, 492, 526

black silks, 501

cast-iron, military stores, .... 501

sugar, tobacco, cotton, indigo, ginger, fustic,
and all other dye-woods, being the
production of any English planta-
tions and that have paid duty at
the place of growth or production, 121
How paid and to whom : to commission-
ers of impost and excise, and their

deputies, 31

to commissioners of impost, excise, and ton-
nage of shipping, .... 163
to commissioners and collectors of impost
and tonnage of shipping,

270, 275, 343, 345, .346
to commissioners and receivers of impost,

351,4.32,482
in current money of the province,

31, 270, 343, 479, 501
105

IMPOST— C07itinued.

at or before landing the goods, &c., im-
ported, .... 270, .343, 479
within four days after entry of vessel, or
else to be stored in the public

storehouse 345

one-half at or before landing, . 31,270,343
one-half in three months after, 31, 270, .343, 501
one-half in six months after, . . .501
bond for duties unpaid to be given by im-
porter to commissioner oi receiver,
before landing the goods, &c.,

31, .32, 270, 343, 501

feo for bond, 270, 343, 501

Allowance or rebate for leakage, pro-
vided the wines, &c., have not
been filled up on board ship, 31, 272, 480
penalty on masters permitting wines, &c., to
be so filled up, and how recovered,

345, 480

every hogshead of wine, &c., containing

less than seven inches, and every

butt or pipe containing less than

nine inches, to be exempt from

duty, 31

every hogshead, butt or pipe of wine of
which three-quarters have leaked
out to be exempt, .... 272
and of which two-thirds have leaked out, . 480
for decayed wines, .... 236, 272, 480
to be sworn to, if required by commis-
sioner, &c., . . . 2-36,272,480
oath to be administered by commis-
sioner or receiver, . . 2.30, 272, 480
on bills of stores allowed for adventures

by master and seamen, . , 270, 481
not to exceed three per cent of lading,

270, 481
Drawback allowed for all liquors, &c., ex-
ported within nine months after
importation, . . . .31, 208
exported within twelve months after im-
portation, .... 2.36, 272, 346
to be two-thirds of duty paid on the articles

exported, 31, 208

to be the whole duty paid on the articles
exported, provided they be not
shipped until after certificate of
commissicftier or receiver, . . 501
rates of, on wines, &c., established, . . 344
allowed upon the oath, &c., of the importer
or his assigns, that the wines,
&c , have paid duty, and are being
exported within the time limited

by law, 31

of the importer (or shipper) that they are
to be exported to a foreign port,

20S, 345, 502
and of the master that he will land them

out of the province, .... 272
and upon certificate of a commissioner
or receiver, &c., and after being
shipped in the presence of a

waiter, 208, 272

which certificate is to be indorsed and

returned to the impost office by

the waiter before allowance of

drawback, .... 208, 272, 501

when exported by the importer, and in

the same vessel, .... 345

834

Index.

IMPOST— continued.

the commissioner or receiver authorized
to administer the oaths,

208, 272, 345, 502
the commissioner or chief officer of im-
post in eacli port to administer the
oaths, (and not otherwise,) . . 345
allowed, of duty on negroes imported, if
sold and exported witliia twelve

mouths, 579

or if they die within six weeks after im-
portation, 579

fees of receiver, &c., for certificate, 208, 272, 502
of waiter for inspection and endorsing cer-
tificate, . . . .208, 272, 502
not allowed for additional duties in 1694, . 201
Entry of imported goods to be made by im-
porter witli the commissioner or
his deputy before landing,

32, 208, 270, 479
in writing, and .signed, . . . 208, 270, 479
importer, when required, to make oath, 271, 480
which may be administered by commis-
sioner or receiver, . . . 271, 480
importer to produce original invoice, . . 479
if not produced, casks, &c., to be gauged

at importer's expense, . . . 480
importer to enter wines, &c., within four
days after entry of vessel, or have
tliem stored in the public store-
house, unless, &c., ... 345
negroes, male and female, their number,
names and sex to be entered by
shipmaster, merchant or other per- •

son importing, 578

penalty for not entering 579

to be free of duty, where impost does not

exceed four shillings, . . 270, 479
fee for, not more than sixpence, . . 270, 479
Manifest, or account of cargo, to be signed
and delivered to commissioner,
&c., by masters of vessels, before
breakii>g bulk, . .119, 270, 479, 552
to contain number, names and sex of ne-
groes imported, .... 578
to be delivered within twenty-four hours

after arrival in port, . . . 479
•to be sworn to, . ^ . . " . 236, 270, 479
before a commissioner or receiver,

236, 270, 479
no fee to be paid for, . - . 119,270,479
Unlading to be in the daytime only, 119, 271, 480
unless in presence of and with consent

of a waiter, .... 199, 277
commissioner or receiver, . . . 480
permit for, not to be given until owner or
consignee has paid or given bond

for duties, 552

penalty on master for unlading before en-
try, 119,270,479

and before permit granted, . . . 552
unless delivered to public storekeeper, . 552
officers of impost to attend unlading, 119, 271
Searches and seizures to be made by com-
missioner, informer or discoverer, 32
officers of impost authorized to enter and

search vessels, . . 118, 119, 271, 345
to attend the unlading of vessels, . 119, 271
search of houses, &c., to be made in the

daytime, 3-, 271

IMPOST— continued.

and within one month after the sup-
posed offence was committed, 32, 271
all persons required to assist, . 32,271
to have like powers of search, &c., as are

granted to officers of excise, . . 513
commissioner authorized to seize and hold
vessel as security for penalties and

duties, 481

vessel so seized to be released on bond
by owners, or others in their be-
half, 481

Search-warkants to enter houses, &c., to
be issued by lieutenant-governor
or any two justices of the peace, 32, 271

by any one justice, 345

breaking and entering houses. Sec, author-
ized under,. .... 271,345
in presence of the chief officer of the im-
post, ,345

constable to assist in service of search-
warrant, .32, 271

party injured, by service of search-warrant
issued on a false charge, to recover
damages of informer by action of

trespass, 32, 271

Forfeiture of goods, &c., for unlading be-
fore entry, &c., and how recovered
and disposed of, . . 32, 271, 479
for unlading without permit, . . . 552
for unlading between sunset and sunrise,
witlxout consent, &c., of waiten^

119, 271
of lighter or vessel in which goods, &c., not
entered, have been placed for land-
ing, 480

and penalties, how disposed of, . . . 481
burden of proof, that duties were paid or se-
cured before landing, to be with
claimant of seized wines, &c., in
proceedings for forfeiture, . . 345
of Indian slaves imported. (See Slaves. J
Ship or vessel, with lier tackle, apparel and
furniture, liable for default of mas-
ter, 481, 513

and for duties, 481, 513

Master of vessel answerable to owners for
penalties, &c., incurred by his de-
fault or neglect, .... 481
to pay impost for wines and mercliandise
contained in his manifest, and not
entered and paid for, . . . 480
allowed to retain such goods at the owner's
risk, until he shall receive a certif-
icate from the commissioner or re-
ceiver that the duty is paid, . . 480
may deliver such goods to the commissioner
or receiver, to keep at the owner's
risk until impost and cliarges are
paid, and then to deliver according
to direction of master, . . . 4S0
to pay duties on all goods, &c., unladed, be-
fore permit granted, . . . 552
unless delivered to public storekeeper, . 552
Farming of the impost authorized, . . 104
Commissioners of, empowered to sue for
sums due on account of impost,
under an agreement for payment,

&c., 208

and for duties, 481

Index.

835

IM.TOST— continued.

ovvuers aud consignees, when to be sum-

uioiicd to testify 481

IMPHESSMEiNi T. CSee Service. J

of soldiers, 133

IMPEISOJSTMEN-T, ILLEGAL. fSee Ha^
beas Corpus.)
act for the better securing the liberty of the
subject, and to prevent illegal im-
prisonment, 95

INCEST. {See Marriage.)

liow punislied (and see note on same page), . 5(5
act to prevent incestuous marriages, . . 208
INCHANTMENTS. (See Charms, Dead Bod-
ies.)
INCOME.

of handicraftsmen, &c., how assessed for taxes.
(See Taxes.)
INDECENT PUBLICATIONS.

composing, printing or publishing any filthy,
obscene or profane song, pamphlet
or mock sermon forbidden, and

penalty, CS2

INDENTUKE. (See Massachusetts Bay, Ply-
mouth Company.)
from Plymouth Company to Sir Henry Eose-

■\vell and others, . . . 2, 3, 4
INDIANS. (See Enemies, Slaves.)

Conversion of, a principal end of the planta-
tion, and intended by King Charles

I, 16

Aftt for the better government of, . . 160
Exempt from militia trainings, . . . 130
Commissioners for inspecting and gov-
erning, one or more, to be ap-
pointed by governor, &c., . . 150
to have same jurisdiction andpowers in crim-
inal and civil cases as justices of

the peace, 150

to appoint constables, and other officers, . 150
Intoxicating liquors, not to be sold or given

to, ( See Eastern Indians, post,) . 150
fine for such sale or gift, how recovered and

disposed of, and other penalties, . 150
in custody of Indians, illegally obtained, to

be forfeited, 151

Testimony of, how received as evidence

against seller, &c., . . . .151
purgation of party accused, allowed, and

form of oath, 151

Drunkenness of, how punished, . . .151
Actions against, for debt, none to lie after

Sept. 1, 1709, . . . . •. 641
Apprentices, not to be bound as, without
the approbation of two or more of
justices of the peace, . . .436
courts of sessions to relieve any, against cov-
enant or indenture of apprentice-
ship, on complaint, .... 430
Lands of, purchasers of, in possession, with-
out confirmation, &c., not to have
the benefit of the act of limitation
for quieting of possessions, . . 301
deeds of, since 16.33, without license of gen-
eral court, void, .... 471
(See Resolves, p. 795.)
except of such as have been or shall be

granted by the general court, . 471
or of lands east of the Piscataqua, hereto-
fore purchased, or of lauds hercto-

INDIANS— coJi^lnwecZ.

fore purchased in Dukes county or
Kantucket, in confirmation of title,

&c , 471

penalty for purchasing without license of the

general court, 472

bargains and sales, and leases of, between

Indians not void, .... 472
Leases from, to be approved by the courts of

sessions, 472

Eastern, acts regulating trade with, 172,384

(continued 437, 474, 491, 520,) 725

Trade with, to be managed by the province

treasurer, with the public stock, . 172
by truck-masters; how appointed and sworn, 385
their duties ; to seize vessels illegally trad-
ing with, &c., ..... 385

their salary, 385

by private persons under restrictions, . . 725

to be licensed by the governor, &c., . .725

penalty for, by persons not authorized, 172, 173,

385, 725

except in necessary provisions, . . .725

in liquors, forbidden, . . . 172, 385, 725

in ammunition, forbidden, . . . .172

not allowed in any fort or garrison, . . 172

tax laid for, 165

Supplies, how sent to, 384

Friendly, territory of, limited, 175, 210, 225, 293

to be removed, &c., 175

territory of the Hassanamisoos, Kekamoo-
chocks, Naticks and others, to be
prescribed by the governor and

council, 211

Indians found outside of, to be deemed

enemies, except, &c., . 175, 225, 293
all Indians found within five miles east, or
twenty miles west of Connecticut
river, to be deemed and treated as

enemies, 225

Servants and slaves : (See Slaves.)
captives in war, to be held as slaves by, or

sold into slavery, . . . . 292
under ten years of age to be sold as slaves

and transported, . . . 530, 594
also Indian women, taken captive, . . 594
penalty for purchasing stolen goods of, . 156
not to be out after nine o'clock in the even-
ing, 535

act to prohibit the importation of, . . . 698
taxes, how assessed upon, (see Taxes.)
Trade with., not to be carried on by inhabit-
ants of Hampshire county, . .211
penalty; and how recovered and disposed

of, 211

licenses for, declared void, .... 211
Enemies and rebels. (See Friendly Indians,
supra.)
Acts to encourage prosecution of, 175 (con-
tinued and additional 210, 220, 224 ;)
new acts, 292, 630, (continued, 558,
with additions;) new act, 594 — ad-
ditional and continuing acts, 600,
612, (continued, 621, 639, 657, 674, 695)
VOLUNTEEKS NOT UNDER PAY, rewards to,
for killing or capturing,

176, 211, 292, 558, 594, 600
to have all plunder taken,

170, 292, 530, 538, 594, COO
aud prisoners captured, .... 292

836

Index.

530

594

INDIANS— continued.

to have proceeds of the sale of captive
children under ten years of age,

530, 558, 594

and of captive women 594

to be transported and sold, .... 594
to be equally divided among the party, ex-
cept that the captain is to have a
double share, and the lieutenant
one and one-half shares, unless
they otherwise agree, 292, 530, 558, 594
if wounded, &c., to be cured at the public

expense 176, 292, 530

and to receive a pension, . . 1~0, 292, 530
commissions to, for service against Indians,

to be limited in time, . . . 293
and volunteers not to be exempted on ac-
count of having received such com-
mission, 293

provision and ammunition to be advanced

to 558

sixpence per day allowed to, for subsistence, 090
VOLUNTEEKS UNDER PAY, rewards to, for

killing or capturing, . 530, 594, 090
to have no reward for killing children un-
der ten years of age, . . . 558
to have all plunder taken, .... 530
and prisoners captured, .... 5.30
to have proceeds of the sale of captive
children under ten years of age,
of all women and all children under

twelve years of age, .
to be divided among ofiicers and soldiers
of the party in proportion to their
wages, unless they otherwise agree,

530, 594
Soldiers regularly detached or im-
pressed, bounty to for killing or
capturing Indians, 170,211,530, 594, 090
to have proceeds of plunder and captives
sold, under ten years of age, to be
divided in proportion to the wages
of the oflBcers and men, .
and of captive women and children un-
der twelve years of age, .
Scalps of Indians slain, &c., debentures
to be granted for, by the commis-
sioners for the war, .
payment of reward for, to be made by

order of the governor and council, 292
out of the public treasury, . . . 594
to be sworn to, &c., . . 292, 530, 568, 594
penalty for producing, with intent to de-
ceive in obtaining reward,

176, 292, 531, 595
and for obtaining reward under false pre-
tences, 293

Houses and garrisons, bounty for Indians

slain in defence of, . . . 176, 292
Captives :
volunteers not under pay to receive fifty

pounds per head for all taken, 170, 292
twenty pounds per liead, .... 530
fifty pounds per head for all males above

twelve years of age, . . . 594

one hundred pounds per head for the

same, 600

■ twenty-five pounds per head for women,
and children under fourteen years
of ago 211

530

594

176

IN I>IANS— continued.

and to have proceeds of captive!) sold,
under ten years of age, . . 530, 558
volunteers under pay to receive ten pounds

per head for all prisoners taken, . 530
twenty pounds per head for all males

above twelve years of age, . . 694
forty pounds for the same, . . . 095
and to have jn-oceeds of captives sold,
under ten years of age, . . . 630
regular soldiers to receive ten pounds per
head for all male captives above
twelve years of age, . . . 594
and to have proceeds of captives sold,

under ten years of age, . . . 530
taken in defence of garrisons, S;c., thirty

pounds per head allowed for, . . 594
women, and children under twelve years

of age, to be sold and traiispor'.ed, 594
and all children under ten years old, . 550
INDICTMENTS, to be in English, . 287, .374, 404
INDIGO.

from any English plantation, and that has paid

export duty, exempt from impost, 121
INDOKSBB. (See Attorneys, Writs. J

writs to be indorsed by plaintiff or his attor-
ney, 622, 675, 739

INFANT. (See Minors.)
INFEKIOE, COUBTS OP COMMON
PLEAS. (See Appeals, Equity,
Error, Review, Writs.)

Act for holding, 37

Acts establishing, . . . .72, 283, 309
Acts regulating proeeeedings in, 372, 445, 464
How constituted:
to be kept in each county, &c., 37, 73, 284, 300
by the justices of the county, or three of
them, at least, the first justice of
the quorum to preside, . . .37
in Sufl'olk county, by justices to be ap-
pointed and commissioned by the

governor, &c., 37

by four of the justices residing in the
county, &c., to be appointed and
commissioned by the governor,

&c., 73, 284, 309

not less than three of whom shall be a

quorum, ... 37, 73, 284, 309
to be sworn before the governor, &c., and

form of the oath, .... 358
Times and places of holding, 37, 73, 284, 369
special sessions, changes, &c., by act of the
legislature: (See Resolves, p. 791.)

in Suffolk, 144

in Essex, 508, 632, 670

in Middlesex, 282, 676, 700

in York, 545

in Nantucket, • . .701

Adjournments of, when to be made by

justices, and proceedings in, . . 190
Jurisdiction of, to include, — (see Actions,
qui tarn.)
the hearing and determining of all civil ac-
tions arising or happening within
the county, triable at common law,

37, 73, 284, 309
of actions for the recovery of penalties
against selectmen, for neglect of
duty in perambulating town lines,
&c., 04

Index.

837

INFEEIOB, COURTS OF COMMON
PLEAS — con tinued.
of actions for the recovery of tonnage du-
ties, amounting to more tiian forty

shillings, 165

of actions by fence-viewers, for the recov-
ery of more than forty shillings, . 138
of actions against absent or absconding

debtors, (trustee process,) . . 629f
Oeiginal, of all cases where the debt or
damage exceeds forty shillings,
and all cases where title to free-
hold is concerned, . . • ~4, 370
CONCUREENT, with Superior court of judi-
cature, of actions for more than
ten pounds, and actions where
freehold is concerned, . . .74
Exclusive, of all civil actions other than
such as are cognizable by a justice
of the peace, and suits where the
crown is concerned, .... 459
Appellate. {See Appeals, Justices of the

Peace.)
In equity. (See Equity.)
"Writs of, to be summons, capias or attach-

ment,Csee Abatement, Writs,) 75, 2S0, 370
to run into any county, . . . 102, 2S0, 370
to issue from the clerk's office, under his

signature, ... 37, 75, 280, 300
to be under seal of the court, . . 75, 28G, 309
to bear teste of the first justice, &c., . 322,401
how directed, .... 37,75,280,309

how served 37, 75, 286, 370

'Reviews vci,( see Beviews,) . 73,284,372,400
Appeals from, to superior court of judica-
ture, (see Appeals,) 73, 284, 372, 4C5
Error in. (See Error.)
Justices of: (See Fees.)
not to sit in the trial of causes which have
been heard by them as justices of

the peace, 577

nor act as attorneys in such cases, . . 577
to appoint clerks, .... 217, 374, 465
to frame rules of practice, . 75, 287, 374, 464
to allow amendments, &c., (see Pleadings,) 464
to fine delinquent jurors, . . . . 193,335
to award'execution, ... 15, 73, 284, 369
Jurors in, how chosen and summoned,

37, 74, 286, 370
aU issues of fact in, to be tried by, (see Jury,)

74, 286
Attorneys of. (See Attorneys.)
INFOBMATIOlSr.

prosecution by, authorized, 30, 33, 64, 76, 97, 98, 99,
116, 133, 134, 148, 150, 210, 239, 250, 276,
287, 306, 314, 323, 324, 327, 351, 374, 399,
427, 431, 474, 481, 505, 578, 579, 698, 723,
731
general issue in, when to be pleaded by pris-
on keeper, 505

INFORMER. (See Actions, qui tarn, Excise,
Impost, License.)
liable, in trespass, for unfounded searches,

&c., under excise acts, . . 274, 393
and for unfounded searches, &c., under im-
post acts, 32, 271

INHABITANTS. (See Electors, Poor, Taxes,
Towns.)
of the province, to have the rights and priv-
ileges of Englishmen, ... 14

INHJlBITAUTS— continued.

of towns, obliged to contribute, proportion-
ably, to the support of ministers
and schoolmasters in, . . .
of towns or precincts, persons entertained in,
as dwellers or sojourners, for three
months, not having been duly
warned to depart, to be reputed, .

exceptions,

and to be relieved by the town, &c.,
sojourners, &;c., in, to be warned, &c., .
towns not liable for such, unless, &c., .
their names, time of abode, and date of
warning to be returned to the court

of sessions

persons to be admitted as, before being al-
lowed the privileges of electors, .
towns not obliged to relieve persons not ad-
mitted as,

strangers, how admitted as, .
INQUEST. (See Coroners.)

forms of verdict, &c , 428,

INNHOLDERS, TAVERNERS AND
COMMON VICTUALLERS.
(See Excise, Gaming, Licenses, Re-
tailers, ^c.)
Acts regulating, . .50, 154, 190,

To be licensed by the courts of sessions,

37, 50, 475,
and to give bond ; conditions thereof, .
to recognize ; conditions thereof,

154, 328, 470,
(For regulations, penalties, forfeit-
ure of license, and other details
under this head, see Licenses.)
Eicise, recognizance for payment of, to be

given by

(See Excise.)
Uses of inns, taverns, ale-houses, victualling-
houses and houses of common en-
tertainment defined: "for the re-
ceipt, relief and lodging of travel-
lers and strangers, and the refresh-
ment of persons upon lawful busi-
ness, or for the necessary supply of
the wants of such poor persons as
are not able, by greater quantities,
to make tlieir provision of victuals,"
not to be "for entertainment and harboring
of lewd or idle people, to spend or
consume their money or time

there,"

Public houses to be on or near the high
streets, roads and places of great
resort, . . . ' .
Number of, not to be more than the justices
in sessions shall deem necessary
for the refresliment of travellers
and strangers, and to serve the
public occasions of any town or

precinct,

not more than one. innholder, and one re-
tailer of liquors out of doors, to be
licensed in any except maritime
towns, unless the selectmen shall
deem more to be necessary for the
accommodation of travellers.
To be furnislied, at all times, with suitable
provisions, and lodging for the re-
freshment and entertainment of

67
68
67
67
45:!

67
453

453
453

327

527
57

528
329

838

Index.

INNHOLDEKS, TAVEBITEBS A2SfD
COMMON VICTXJAIiLEKS

— continued.

strangers aud travellers, and pas-
turing, stable-room, hay and prov-
ender for horses, . . . 154, 327
penalty for failure,— forfeiture of license, 154, 327
Oats to be sold by, for not more than one

penny per quart, 154

Apprentices, servants and negroes not to
be allowed to sit drinking in pub-
lic houses, or on the premises, 154, 327
or to have drink there, except by special
order or allowance of their respec-
tive masters, .... 154, 327
masters, &c., to take effectual care that their

children and servants do not offend, 59
Town inhabitants, or inhabitants of neigh-
boring towns, not to sit drinking
Ln public houses or on the premises,

154, .327
nor remain there above one hour, . . 154, 327
except travellers, persons on business, and

extraordinary occasions, . 154, 327
penalties on innliolders &c., . . . 154, 327
on other parties offending, . . . 154, 327
Gaming, implements of, not to be kept by, in
tlieir houses or about their prem-
ises, upon penalty, . . . ,57
Bor games to be played there, under penalty, 57

penalty on gamesters, 57

one.justice of the peace or court of sessions

to bear and determine offence, . 57
In the night, not to allow town inhabitants
to drink or tipple in public house
or dependencies after nine o'clock, 680
Music, dancing or revelry not to be permit-
ted by, in public houses, . . . 680
penalties on master of the house and the

reveller, 680

IiOrd's day, no persons to remain as guests
in public houses, &c., during, ex-
cept strangers, travellers, or such
as come thither for necessary re-
freshment, . . . .57, 154, 327
nor to be allowed to remain there, drinking
or idly spending their time, on Sat-
urday night, after sunset, or on the
evening following the Lord's day, 58
penalties on innholders, &c., and others

found violating the law, . 58, 154, 327
fines, how disposed of, . . . 59, 154, 327
one justice to hear and determine the of--

fence, 58, 154, 327

to restrain and commit the offender (see

Eesolves, p. 793), . . 58, 154, 327
to distrain the offender's goods, . . 154, 327
Drunkenness, not to allow persons to drink

to, 154,327

names of persons reputed to be common
drunkards and tipplers to be posted
up in all public houses, by the se-
lectmen, 192, 680

penalty for allowing posted drunkard to

drink, &c. , on the premises, . . 192

INNHOLDERS, TAVEBNEES AND
COMMON VICTUALIiEES

— continued.
Distilled liquors, not to be sold by, under

penalty, 680

Informers: tithingmen to inspect and in-
form of disorders and misdemean-
ors, &c., .... 155, 191, 328
grand jurors, constables and officers of excise

also, 191

to be appointed by the selectmen, . . . 681
"Witnesses, refusing to testify against un-
licensed innholder, &c., or in case
of gaming, &c., how punished, . 57
the party himself, his children or servants,

excepted, ..... 57
Sign of innholder to be taken down, upon
forfeiture of license, by the sheriff
or his deputy upon the warrant,
under their hands and seals, of
three or more justices of the sea-
sions, quorum unus, . . 664,680
INNS. (See Innholders. J
INSANE PERSONS AND IDIOTS.

. act for relief of, 151

selectmen and overseers of the poor to relieve, 151
estates of, to be managed by the courts of ses-
sions, 152

real estate of, may be sold by selectmen of
overseers of the poor upon license
from the superior court of judica-
ture, -.152

for their maintenance, &c., .. .... 152

proceeds of, and of goods, &c., to be tirst ap-
plied to the payment of their debts, 62S
INSOLVENT ESTATES. (See Estates of

Persons Deceased.)
INSTRUCTIONS.

general court, empowered to make, . . .15
INTENTION OP MARRIAGE. (See Mar-
riage.)
INTEREST. (See Usury.)

allowed by the province for money borrowed'
(See Bills of Public Credit.)
INTESTATES. (See Administrators, Estates

of Persons Deceased.)
INTOXICATING LIQUORS.

sale of. (See Excise, Indians, Innholders, Li-
cense.)
INVASION. (See Commander-in-Chief, Mili-
tary (ypcers, Service.)
martial law to be used in time of, . . . 18
IPSWICH.

courts at. ( See under the several courts.)
Naval oflB.ce established at the port of, . 35, 336
IRON. (See Cast-Iron.)
IRON- WORKS.

how assessed for taxes. (See Taxes.)
ISLANDS. (See Massachusetts Bay, Plymouth

Company.)
ISLES OP SHOALS. (See abatement, under

Taxes.)
IS SUB. (See Marriage, Negroes, Pleadings.)

Index.

839

JESUITS. (See Boman CathoUcs.)
JOINT TENANTS. (See Partition.)
JOUBNAIiS. ( See Service.)

U> bo kept by commanding officers, &c , . . 573
JUDGES.

to be appointed by governor with the advice

and consent of tlie council, . . 12
JUDGES OP PROBATE. ( See Probate.)
JUDGMENTS. (See Appeals, Colony of Massa-
chusetts Bay, Execution, Pevieto.)
in colonial courts, how affirmed and enforced,

CO, 61
not to be arrested or reversed for circumstan-
tial errors, 75

not to be satisfied by discharge of poor pris-
oner, 332

to be affirmed in appellate courts when appel-
lant fails to prosecute, &c., . . 410
when not vacated by appeal, .... 440

JUDICATOmES. (See Courts.)
JTJGGLEHS. (See Idle and Disorderly Per-
sons.)
JUBISDICTIONS. (See Massachusetts Bay,
Plymouth Company.)
of the courts of the province, (see also under

the respective courts,) . . . 15
JUKOES. (See Jury.)

Petit, for courts of sessions and common
pleas, to be chosen according to
former custom, by and of the free-
holders and other inhabitants qual-
ified by charter, . . . .37

in all courts to be peers or equals, and of the
neighborhood, and in the county
where the fact, civil or criminal,
arose, . . . . . . .40

warrants for, to be issued by clerks of the
several courts in convenient time
before the sitting of the court,

74, 286, 36S, 370, 371, 719
to be directed to the constables of the sev-
eral towns in the county, . . 74
or of the principal towns, 280, 368, 370, 371
to assemble the freeholders, and others,
qualified to serve as jurors, and re-
quiring them to choose so many
good and lawful men to serve as
jurors, as the warrant shall direct, 74
to assemble the freeholders, qualified as
directed in the charter, for the
same purpose, . . 280, 308, 370, 372
persons so chosen, to be summoned by the
constable to attend, &c.,

75, 286, 368, 370, 372
constable to make return of his warrant to

the clerk, &c., . 75, 287, 308, 370, 372
penalty on, for neglect of duty, to enure to

the county, . . 287, 368, 370, 372

penalty on juror for default, to be a fine im-
posed by the court, not exceeding
twenty shilUngs, .... 193

not exceeding forty shillings, . . . 335
how levied, 194

JUBOE S— conWnwcd.

oath of, to be administered without any other
ceremony than lifting the band,
according to> former usage,

75, 286, .374, 465

form of, 79

not required to serve at more than one court

in the course of one year, . . 194
Grand jurors :
writs for, to bo issued by the clerks of the
several courts, in convenient time
before the sitting of the court, . 74
by the clerks of the courts of sessions, fif-
teen days, at least, before the hold-
ing of the court, . . . .193
to be directed to the constables of the sev-
eral towns in the county, . 74, 193
to assemble the freeholders, and others,
qualified to serve as >urors, and
requiring them to choose so
many good and lawful men to
serve as jurors, as the warrant

shall direct, 74

to require the constables, or one of them,
to forthwith warn a meeting of the
inhabitants duly qualified, for the
choosing of one or more grand ju-
rors, according to the number such
town has been accustomed to send,
or that shall be appointed for them
by the court, . . . . .193
persons so chosen to be summoned by the

constable to attend, &c., . . . 75
to be warned by the constable to appear at
the next court, and the following
courts of quarter sessions, succes-
sively, to be held for the same
• county, witliiu one year, &c., . .193

constable to make return of his warrant or

writ, to the clerk, &c , . . 75, 193
penalty on, for neglect of duty, to be forty

shillings 193

persons so chosen, to be impanelled and
sworn as the grand inquest for the
body of the county, &c., . . .193

form of oath of, 79

to continue in office one year, and until oth-
ers be chosen and sworn in their

stead, 193

not to serve oftener than one year in three, . 194
penalty on grand juror, for default, to be a
fine imposed by the court, not to
exceed forty shillings, . . . 193
new writ to issue, in case of juror's default,

or upon dcatli OS- removal, . . 193
fines for default, &c., to enure to the county, 193

how distrained for, 194

allowance to, . 194

Duties of : to attend the courts of quarter

sessions, 193

to inquire and duly present the breach of
all laws of the province, and all
misdemeanors proper to their in-

840

Index.

JUROR 3— continued.

quiry and the jurisdiction of said

courts, 193

. to present all capital cases, before trial, . 40
to inform of all breaches of the license

laws, .... 191,477,529,065
to present towns neglecting to provide

schoolmasters, 470

and towns that are destitute of or that

do not support a minister, . . 597
to see to the enforcement of the laws
against intemperance, immorality,
&c., and for the reformation of

manners, 079

JURY. (See Coroners, Forcible Entry and De-
tainer, Jurors, Sheriffs, Ways.)

Trial by, right of, declared 40

All trials to be by, except where the laws of

the province otherwise provide, . 40
All issues of fact to be found by, . . 74, 286
Challenge, right of, guarantied, , . .40
Talesmen to be returned by the sheriff, in
case the number of Jurors falls
short by reason of challenge, or
otherwise, .... 368, 370, 372
or by the coroner, where the sheriff is inter-
ested, .... 368, 370, 372, 429

Fees of, 86,87

in criminal cases in courts of sessions, to be

the same as in civil cases, . . 369

in court of assize, 308

to be paid by the appellant, as in civil cases,

308, 306
JUSTICE,

not to be sold, denied or delayed', . . .40
JUSTICES OF THE PEACE. (See Ap-
peals, Fees, Sessions.)
To be appointed by the governor, with the
advice and consent of the coun-
cil, .... . . 12

OflBcial oath, form of, 78

To esercise the powers of the colonial mag-
istrates, 27

K"ot to sit as justices of the courts of com-
mon pleas or superior court, in '
cases previously heard by them, . 677
nor plead or defend as attorney in such

case, 577

Exempt from military duties and watch, 130, 382
Judicial functions and proceedings :
In Civil Cases.
jurisdiction to all civil actions wherein the
debt or damage does not exceed
forty shillings, except where the
title of land is concerned, . 72, 282
proceedings upon plea of title to land, by de-
fendant, in actions of trespass, . 324
plea to be recorded, and the matter of fact

taken to be confessed, . . . 324
defendant thereupon to recognize to the
plaintiff, to bring a suit to try his
title in the next court of common
pleas, &c., and to pay such dam-
ages and costs as may be there
awarded against him, . . . 321
recognizance to be taken by the justice,

and his fee therefor, . . . 324
justice to certify the case, together with the
recognizance, to the court of com-
mon pleas, , , , , , .325

JUSTICES OF THE PEACE— con<MiMe<f.

if defendant fail to recognize, &c., the jus-
tice sh.all proceed to try the cause
and award damages and costs, . 325
to hear and determine actions by fence-view-
ers, for repairs offences, when for
less than forty shillings, . . . 138
and complaints by collectors of impost, for
tonnage duties under forty shil-
lings, 165

and actions against persons cutting and
carrying away timber from com-
mon lands, or the lands of others,
without license, . . .156

and actions against masters of vessels, for
sales, &c., of mixed and damaged
malt, if the damages be under forty

shillings, 447

records to be kept by, . . . .72, 2S:j
writs of summons and capias or attaeh-
mont to be issued by in civil ac-
tions, 70, 282

also writs of saVe/acicM and replevin, . 462
forms of writs by, . . 81,310,317,462,40.5

fees for writs 185, 282

to be issued by, on complaint made, . 72, 282
to be directed to the sheriff or n>arshal, or
either of their deputies or the con-
stables of the town where the de-
fendant lives, 282

to be served seven days at least before the

time of trial, .... 72,283
defendant, upon default, to be proceeded

against for contempt, . . 72, 28!J
warrant for contempt to be directed to- the

constable or o-ther officer, . . 72;
to the sheriff, or marshal or other officer, 2S-3'.

form of, 81, 310, 40;i

fine for contempt not to exceed ten shil-
lings, and to be accounted for to
the county treasurer, &c., . 72, 283
execution or warrant of distress to be is-
sued, after judgment, for fine, debt
or damages and costs, . . 72, 2S-'S
to be directed to the constable or other

officer, 72

to the sheriff, marshal or other officer, . 283
to be levied upon the defendant's goods or
chattels, and for want thereof, the
defendant to be thereupon com-
mitted to gaol, &c., . . . 72,28.'i
goods levied upon to be exposed to sale,
and after satisfaction of the exe-
cution the surplus to be paid to

defendant, 72, 28.'J

judgment by default to be entered against
defendant not appearing by him-
self or attorney after service and

return of writ, 404

upon nonsuit, or judgment against the plain-
tiff, the justice to assess costs for
the defendant, to be levied on exe-
cution, &e. 72, 283;

appeals from allowed to the inferior court of

common pleas (see Appeals), . 72,283
upon pleas in bar or abatement, . 537, 53S

In Criminal Casks.
to convict and punish upon view, per-
sons guilty of profanity and drunk-
enness, .,,,.. 51

Index.

841

JUSTICES OP THE TEACTl— continued.

affrayers, rioters and such as shall ride or

go armed, offensively, before any

justices or other officers, or to the

terror of the people, . . .53

persons travelling, &c., upon the Lord's

day, 58

to convict and punish after trial, per-
sons guilty of profanity and drunk-
enness, 51, 122

of larceny, 51

of affrays, riots or riding armed, offen-
sively, &c., 53

of assaults and battery ; by fine not ex-
ceeding twenty shillings, . . 53
of using force in forcible entry and de-
tainer, 443

of unlawful sales of liquors, . 5C, 191, 435
of offences against act for the due regu-
lating of licensed houses, . 154, 327
of illegal gaming in public houses, . 57, 122
of violation of the act for better observ-
ance of the Lord's day, . . 68,122
of breaches of town by-laws, . . .66
of offering to sell by unlawful meas-
ure, 157, 219

of breaches of the act regulating tanners,

curriers, &c., 314

of breach of the peace disclosed in any

action of trespass, .... 325
of breaches of the act relating to strays

and lost goods, 326

of neglect, &c., to run, &c., boundary
lines in common lands, being pro-
prietors therein, . . . .64
to work on highways when ordered by

the surveyor, 136

as constable, to summon town officers
elect, to be sworn, . . . .65
and to serve warrant for calling town

meeting, 68

to bring weights and measures to be

sealed, 70

of being idle and disorderly, . . 67, 378
of removing to avoid enlistment, . . 128
of not reporting for duty after being de-
tached or impressed, . . 133, 399
of leaving the province to avoid impress-
ment, &c., 134

of refusing to accept and be sworn as

surveyor of highways, . . . 137
of running away, after shipping as sea-
man, 142

Indian, negro and mulatto servants or
slaves out after nine o'clock in the

evening, 536

Ministerial powers and duties:
to bind over, &c., person charged with being

the father of a bastard, . . .52

affrayers, rioters, &c., 53

shipmasters illegally importing immi-
grants, 452

to Issue warrants for removal of persons

warned out of town, . . .68
for calling town meetings when select-
men unreasonably refuse, . . 68
for seizing hides and leather illegally

shipped for exportation, . . . 432
for seizing mackerel illegally caught, . 71
for apprehending deserters, . 1.34, .399, 400

lOG

JUSTICES OP THE "PEACE— continued.

for release of seamen arrested for debt,

&c., 142

for arrest, &c., of persons removing

from the frontiers, . . . 195, 40:J
for collection of taxes of inhabitant,
&c., assessed on his lands without
the county, .... 218,219
for seizure of coin, &c., alleged to be il-
legally shipped for exportation, . 306
for impressment of workmen and teams

to assist fence-viewers, . . . 334
of Romish clergymen, or persons sus-
pected of being such, . . . 424
to committee to view and abate nuisan-
ces in private ways, .... 137
search-warrant, to searcli houses of per-
sons su.spccted o! concealing goods,
&c., to avoid impost, . . . 345
and to avoid excise, . . . 119, 273, 393
to appoint surveyors of vessels, . . 114, 352
viewers of shingles, ..... 212

viewers of leather, 313

appraisers of impounded cattle, &c., . . 535

appraisers of strays and lost goods, . . 32G

ar.d to determine compensation of iinder, 326

to administer oaths to sheriff's jury, . . 136

to poor prisoners, for debt, .... 330

to members of courts-martial, . . . 401

to committees to assign dower, . . .451

to take the acknowledgment of deeds, . . 29S

to make inquiry of forcible entries, &e., . 53

to take depositions, &c., 225

to make out hue and cry for runaway ser-
vants, thieves and other criminals, 53
to solemnize marriages within their coun-
ties, 61,210

and keep a record thereof, . . . .61
to allow liquors to Indians, in certain

cases, 150

to command arrest of offender, upon view of

breach of the peace, . . . 355
penalty on person refusing to obey, . . 355
to send back passenger, landing from infect-
ed vessel without license, . . 377
to render accounts of fines, semi-annually, to

the treasurer of the province, . 44$

penalty for neglect, 449

to see to the due obcervance of the license

and Sunday laws, . . . .59
and the laws relating to schools and

schoolmasters, 470

and the act against drunkenness, profan-
ity and immorality, .... 679
One or more justices :
to convict and punish slanderers and libel-
lers, 53

offences against license laws, . ■ 477, 529
ferrymen, for neglect of duty, . . .256
sellers of unmerchantable malt, . . . 447
idle and disorderly persons ; and sentence

them to house of correction, . 538, 655
and discharge persons so committed, &c., 655
to arrest persons making forcible entry or

detainer, 442

to appoint viewers of malt, .... 447
Two justices, to convict and fine absconding

soldiers 499

to inquire into causes of forbidding banns of

marriage, 210

842

Index.

JUSTICES OF THE PEACE— conWnuetf.

to discharge poor prisoner for debt, when

creditor fails to maintain him, . 331

to receive the schedule of his assets, . . 333

to discharge persons committed to house of

correction by them, .... 655

to grant licenses for the landing of passen-
gers from infected vessels, &c., . 377

how to act, in case of contagious diseases, . 470

to issue search-warrant to search the house
of any person suspected of conceal-
ing goods liable to impost, &c., 32, 271

to put out to service unmarried militiamen,

unable to buy arms, . . . .130

to fine selectmen for neglect to provide town
stock of arms, ammunition, &c.,
and to appoint others to perform

the service, 132

Two justices, quorum unus, to hear and de-
termine offences by Frenchmen re-
siding in the province, &c., . . 90

to commit idle and disorderly persons to the

workhouse, 380

to mak« Inquisition of forcible entry and de-
tainer, 442

to hear and determine charges of assaults

upon women in the streets, &c., . 674

to condemn liquors seized for being kept for

sale without license, &c., . . 224
and to punish tlie seller, . . . .224

JUSTICES OF THE VEKCEi— continued.

to take depositions, in perpcteam, . . . 226
to approve bonds given for liberty of the

prison limits, by prisoners for debt, 565
to issue warrants for collecting taxes for sup-
port of ministers in towns neglect-
ing, &c., 505

Two or more justices, to approve of inden-
tures of apprenticeship of Indians, 436
and selectmen, to assign location of slaugh-
ter-houses in towns, . . .59
or overseers of the poor, to set the poor at

work, 538, 654

and to bind out apprentices, . . 538, 654
Tliree or more justices, quorum unus, to
issue warrants for taking down the
sign of innholder forfeiting his li-
cense, 664,680

Justices and selectmen of any town, to

' appoint watchmen, .... 381
In Boston.
Two justices, quorum unus, to convict per-
sons disobeying or neglecting to
assist firewards at fires, . . . 678
Any two or more justices, to hold a mar-
ket-court, and administer summary

justice, 239

Justices and selectmen, to lay out streets,

after fires, 42

to appoint places for holding fairs, &c., 237, 238

KAYLES. (See Gaming.)
KEKAMOOCHOOK INDIANS. (See In-
dians.)
KIDDLES. {See Fish, Nuisances.)
SIN, Next of. (See Administrators, Descent,
Distribution, Estates of Persona
Deceased.)
When to administer upon intestate estates, 44
when with the will annexed, . . . .45
when to be cited to administer, . . .45

KING, The. (See Crown.)
KITTERY. (See Frontiers ; abatement, under
Taxes.)
naval office established at port of, . . .35
KNAPSACK.

to be worn by militiamen, 129

KNIGHTS' SERVICE.

Tenure by, Plymouth Company and Massa-
chusetts-Bay grantees exempt
from, 2,3,6

li.

XiABOB. (See Servitude.)
IiACE.

of gold and silver, impost on, .... 501
of silk and thread, impost on, .... 501
IiAME PERSONS, CseeJlfiHita,; . .130,494
LANCASTER. (See Frontiers.)
LANDLORD AND TENANT. (See Leases,
Taxes, Resolves, p. 793.)
tenant to pay taxes assessed upon the lands,
&c., occupied by him, and to be
reimbursed the whole amount, if
there be no contract to the con-
trary, 92

to be reimbursed one-half the amount paid,

&c., .... 167, 213, 362, 390
to deduct from his rent the amount to be re-
imbursed. 167, 2ia

LANDS. (See Conveyance, Descent, Estates of
Persons Deceased, Execution, Flow-
ing of Lands, Indians, Mortgage,
Partition, Prescription, Taxes,
■ Territory, Titles, mils.)
granted to the Plymouth Company, ... 1
grants of in the colonies of Massachusetts and
Plymouth and the province of
, Maine, by the general court, to be
valid without the royal consent,
except grants of lands extending
north and east of a line from Sag-
adehoc river to the gulf of St.

Lawrence, 17

and heritages to be free from year, day and
waste, escheats and forfeitures,
except in cases of high treason, . 41

Index.

843

LAND S— continued.

actions for recovery of, how limited, . 41, 42
devises of, to be in writing, &c., and attested

by three subscribing witnesses, . 46
liable for debts : executions to be levied upon,
where sufficient personal estate is
not tendered, and, if duly served,
to pass the title, . . .68, 254
taken upon execution, one year's time al-
lowed to debtor to redeem, . . 703
LARCENY. (See Receivers of Stolen Goods. J

How punished, 52

Servants taking masters' goods, not to be

punished for, 325

Of guns belonging to the province, how pun-
ished, 573

retaining guns, by soldiers, to be deemed, 573
Pilferers. CSee Idle and Disorderly Persons. J
At fires, in Boston, how punished, . . . 678
Prisoners for, act to prevent charges to the

county arising from, . ... 504
not to be held more than thirty days after
sentence, unless creditor will give
security, &c., for his maintenance, 504
LAW.

"Wager of, when not allowed, 33, 54, 76, 88, 97,
116, 192, 270, 287, 351, 374, 377, 394, 481
Process of, no man to be imprisoned, &c.,

without, 40

LA'W-MAKTIAL. (See Courts- Martial, Mili-
tary Officers. )
to be exercised by the governor, &c., . . 18
LA'WS. (See General Court, Seal)

Of the colonies of Massachusetts and Plym-
outh, continued, . .. . 27, 99
Of the province,- to be made and published

by the general court, under seal, . 16
and approved by the governor, . . .17
and allowed or disallowed by the privy coun-
cil, .17

LEAKAGE.

of wines and other liquors, allowance for. (See
Impost.)
LEASES. (See Conveyance.)

Of freehold, by parol, except for terms of
less than three years, to have the
effect of estates at will, only, . . 46
For term of years, &c., to be in writing, or

.to have effect by operation of law, 46
LEATHER. (See Butchers, Curriers, Fees,
Shoemakers, Tanners.)
Searchers and Sealers of, how chosen, no-
tified and sworn, .... 65

form of oath, . 79

penalty for not serving, 652

duties of, 313

penalty for resisting, 314

penalty on, for neglect of duty, or receiving

bribes, 314

Triers or viewers of, how appointed and

their duties, .... 313, 314

fines how disposed of, 314

Exportation of : what kinds not to be export-
ed, except to England; penalty, . 431
master of vessel to give bond, &c., . . 431
penalty for lading before bond given, . , 431
. limitation of action against, . . . .431
warrant for seizure of hides illegally shipped
for exportation, how issued and
Benred, 432

LEGACY. (See Executors, Will.)

when to be recovered at common law, . . 122
action of account for, allowed to residuary leg-
atee against executors, . . . 536
LETTERS. (See Post- Office, Postmasters.)
To be worn by certain criminals, and sewed

into their clothing, . . . 171, 209
LEVY. (See Execution, Service, Taxes.)
LE"WDN:E3SS.

how punished, 171

LIBELS. (See Indecent Publications, Slandbr.)

how punished, (see Resolves, p. 795), . 53, 682
LIBERTIES. (See Massachusetts Bay, Plym-
outh Company )
LIBEKTY OF CONSCIENCE. (See Ro-
man Catholics.)

guarantied, 14

intended by King Charles the First, . . . 16
LIBERTY OF THE SUBJECT, (See
Habeas Corpus, Privileges.)
rights of Englishmen extended to the inhab-
itants of the province, . . .14
act to better secure, and to prevent illegal im-
prisonments, 95

LICENSES. (See Excise.)

Catching of fish by wears, &c., . . 645
Exportation of provisions to Newfound-
land and New Hampshire permit-
ted upon license of governor and

council, 277

Frenchmen not to open shop, or work at
trades, without license from the
governor and council, . . .90
nor without written approbation of the se-
lectmen, 90

how punished for, 90

of Port Royal and places adjacent trading
with, forbidden without license
from the governor and council, . 220
prisoners of war pot to be landed without

license from the governor, . . 294
from neighboring governments not to be
brought into the province without
license from the governor, . . 295
Indian deeds, &c., void without license

from the general court, . . . 471
Sales of real estate by administrators and

executors, for payment of debts, 69, 254
Ships containing sick passengers or seamen
not to come within half a mile of
any wharf or landing place with-
out license from the governor, . 377
or two next justices of the peace, in case, . 377
penalty for approaching, &c., .... 377
sick passengers or seamen in, not to be

landed without license, . . .377
penalty for landing, &c., . . . .377
Trade with the Eastern Indians to be

licensed by governor and council, . 725
Wooden buildings in Boston not to be
erected without license from the
governor and council, . . .42
Innholders, taverners, common victuallers,
and retailers of wine, beer, ale,
cider and strong liquors, to bo
licensed by the courts of sessions,

37, 56, 475, 527
coffee-house keepers to be licensed, . . 739
at first session after June 29th, annually, 329, 475
at other times, 527

844

Index.

IJ.CENSI1S— continued.

after approval by selectmen, . , . .3?
and upon a certificate from them,

56, 664, 680, 717, 739

nature of certificate, 680

or otherwise, to persons thought fit by jus-
tices, 56

and when granted witliout certificate from
the selectmen, the clerk of the ses-
sions to give notice to selectmen,

57,664
and furnish them with a list of persons
licensed in their respective towns
the previous year, . . . 679, 680

to be renewed yearly, 67

to none that selectmen object to, . . 664
nor to such as shall have been convicted of
violating the law more than twice

in one year 191

uor against whom complaint, &c., is pend-
ing, 664

in the same court where license is

granted, 664

Bond to be given by persons licensed, and

condition thereof, . . . .57
Recognizance to be given by persons
licensed, and condition thereof,

154, 328, 476, 528, 662, 717, 739
penal sum of, for principal and sureties,

154, 328
form of, for innholders, &c., and retailers

within doors 155, 328

for retailers of wines, liquors, &c., to bo

used out of doors, . . . .328
fees of clerk and justice, . . . 155,328
forfeited, to be put in suit by clerk of ses-
sions, under the direction of the

court, 156

by clerks of common pleas and superior
court of judicature, under direction
of the respective courts, . . . 330

on scire facias, 330

within two years after breach, . . 330
sheriff to serve execution issued there-
upon 156, 330

Kecognizance to pay excise also re-
quired of all licensed persons, 329, 739
Not to be given, to more persons than the
court of sessions shall judge neces-
sary, in any town or precinct, for
. the refreshment of travellers and

strangers and to serve for public

occasions, 330

nor (except in maritime towns,) to more
than one innholder and one re-
tailer at one time, unless the select-
men shall judge more to be needful
foj the accommodation of travel-
lers, 664

nor without a previous certificate or ap-
proval of selectmen,

37, 56, 664, 680, 717, 739
Unlicensed innholders, &c., forbidden to
retail liquors,

56, 155, 191, 435, 477, 528, 664
or sell wine or strong liquors in less

quantities than a quarter cask, . 56
or to be a common victuallers or tavern-

ers, 56

or keep a coffee house 739

JjICHNS'ES— continued.

penalty, ... 56, 435, 477, 528, 664, 681
on second conviction, to recognize for good

behavior, 56, 477

if unable to pay or recognize, how punish-
ed 224,477

one justice of the peace to hear and deter-
mine offence, . . . .57, 435
one or more justices, . . . 477^ 529, 664
or court of sessions, .... 477,529
and to commit offender to prison, . . 57
or cause the fine, &c., to be levied by dis-
tress, 57

if unable to pay or satisfy fine, &c., Iiow

punished, . . . 191, 224, 477, 529
or failing to recognize after second con-
viction, how punished, . 224, 477, 529
Licensed innholders, &c. :
innholders, taverners and common victual-
lers to be at all times furnished
w'ith provisions, lodgings and prov-
ender, 154, 327

penalty for failure to provide, . 154, 327, 664
not to sell distilled spirits, . • . . .680
these and retailers not to suffer any ap-
prentice, servant or negro to drink
on the premises, or to furnish
them with drink, except by special
order of master, &c., on penalty,

&c., 154,327

not to suffer townspeople to sit drinking

or tippling upon their premises, 154, 327
after nine o'clock at night, . , .680

penalty 680

or to continue there above one hour, 154, 327
except travellers, persons upon business

or extraordinary occasions, . 154, 327

penalty, 154, 327

not to sell to posted drunkards, . . 680, 081
nor permit any person to drink-to drunk-
enness or excess upon their prem-
ises, 154, 327

nor to remain there on the Lord's day, ex-
cept strangers, travellers and such
as come for necessary refreshment,

151, 327
nor to have any music or dancing there,

upon penalty, . .... 680

penalty for taking part in revelry, &c., . 680
one justice of the peace to hear and deter-
mine offences, .... 154,327
to restrain and commit offender to prison,

• 154, 327, 328

to issue warrant of distress for fines, &c.,

154, 328
fines and forfeitures how disposed of,

154, 327
Retailers of wines, liquors, &c., to be
used out of doors not to sell other
drink than they are licensed for,

191, 680
nor to permit persons to sit drinking or
tippling in or about their houses,

upon penalty, 191

nor suffer any liquors to be drunk there, . 664
nor to sell in less quantities than one quart, 664
not to sell less than one pint, . . . 680
nor to sell to posted drunkards, . . . 681

penalties, 191, 664, 680

failing to pay fines, &c., how punished, . 191

Index.

845

JjICBNSES— continued.

one justice of the peace to hear and deter-
mine otlences, 191

or court of sessions 191

INFORMEKS of violations of license law, to be
appointed by court of sessions,

477, 529, 665
appointed by selectmen, .... 665, 681
titliingmen to inspect and inform,

155, 191, 328, 329, 477, 529, 665
in Boston, two tithingmen in each military
division, specially appointed to in-
spect and inform 680

selectmen to inspect and inform, . • 665

also officers of excise, 191

and sheriflfs and their deputies, . 477, 529, 665
and grand jurors and constables,

191, 477, 529, 665
Searches and seizures in unlicensed
■i'iouses :
grand jurors, constables, tithingmen, au-
thorized to enter and search hous-
es, &c., of persons once convicted
of selling without license, . 191, 224
within one year after conviction, . . 224
and to seize liquors, &c., found on the

premises, 224

such liquors, how condemned aflS for-
feited, 224

entry and search of licensed houses author-
ized, . . . 155, 191, 328, 329, 665
Evidence of two sales within one month,
by two witnesses testifying to sep-
arate sales, to be sufficient for con-
viction, the accused not plainly de-
nying the charge,

155, 156, 329, 477, 528, 529
penalty on witness for refusing to testify, . 57
excxpt the party accused, his children or

'servants 57

Forfeiture of license by innholders, tav-
erners and common victuallers, for
not being furnished, at all times,
with suitable provisions, lodging,
stable-room and provender, 154, 327,680
by the same, and retailers, for sutfering any
apprentice, servant or negro to
drink on the premises without
special order from master, &c., 154, 327
by innholders and retailers, after more than

two convictions in one year, . . 191
and license not to be renewed to such for

three years, 191

sign of innholder, &c., forfeiting his license
to be taken down, and proceed-
ings, 664, 680

by sheriff or his deputy, on warrant of any

three justices, quorum unus, . 664, 680
Forfeiture of liquors by unlicensed person,
who has been convicted of sale,
&c., within one year, . . . 224
by judgment of two justices, quorum unus,
or court of sessions, if the liquors
seized for condemnation are ad-
judged by the court to be more
than sufficient for family use, &c., . 224

appeal allowed 224

Common drunkards' names to be posted
up in public houses by authority of
selectmen, 192

ZilCENS'ES—conimued.

and at the houses of retailers of wines and

liquors to be used out of doors, 680, 681
LIEUTENANT- OR DEPUTY-GOVEK-
NOR. (See Governor. J
Appointment of, to be by the crown, . . 10
Oath for faithful performance of duties, and
oath instead of oaths of allegiance
and supremacy, to be taken by, 13, 14
Declaration of fidelity to be made by, . 13, 14
oaths and declaration, to be made before the

governor, 13

To act in the place of the governor, upon his

death or removal, .... 19
To administer oaths to be taken instead of
oaths of allegiance and supremacy,

13, 14, 77
To authorize searches for wines and liquors

concealed to avoid impost, &c , 32, 271
Death or removal of, majority of council to

act, in case of, 19

Exempt from taxes. (See Taxes.)
LIGHTERS.

used in unlading any cargo before entry, for-
feited (see Impost), .... 480
LIMITATION OF ACTIONS. (See Pre-
scription.)
For recovery of lands, ... 41, 42, 300

exceptions, 300, 301

For violations of the act for better securing

the liberty of the subject, &c., . 98
Against exporters of hides and leather, . 431
On bonds to naval officers, .... 122
Against sureties on bail bond, in mesne

process, 127

Against sheriffs, for fines, &c., after quietus

granted 128

Upon recognizances, of innholders and re-
tailers, 330

to prosecute appeals, 446

For redemption of mortgaged estates, &c., 357

Of review, 373, 466

LIQUORS. (See Casks, Excise, Betailers.)
duties on. (See Impost.)
allowance for leakage of. (See Leakage.)
LISTS. (See Taxes.)
LOAN. (See Bills of Public Credit, Privileges,

Taxes.)
LOCAL LAWS. (See Laws.)
LOGGATS, (See Gaming.)
LOGWOOD.

impost on, . 31, 200, 201, 270, 343, 479, 492, 520
LONDON ASSIZE. (See Casks.)
LORD'S DAY". (See Innholders, License.)
Act for the better observation and keep-
ing of, 58; additional acts, . 122,679
Religious duties upon, public and private,

enjoined, 58

Labor upon, forbidden, works of necessity

and charity excepted, . . 58, 59
Sports and recreations upon, forbidden, . 58
Travelling upon, forbidden, . . . .58
except where the traveller, &c., has been
forced to lodge in the woods, &c.,
the night before ; and, in such case,
to travel no further than the next

inn, &c., 58

Keeping open shops, or following any sec-
ular calling upon, forbidden, . . 50
Swimming upon, forbidden, . . . .59

846

Index.

IiOBD'S DAY'— contintied.

"Walking in the streets or fields, forbidden, . 59
or recreating in time of public worsliip, . 081
Offenders to be restrained, Csee Re-
solves, p. 793,^ . . .59, 681
In public houses : none but strangers or
lodgers there to be entertained, or
to remain upon the premises, on
the Lord's day, . . .58, 151, 327
penalty upon innkeeper and other persons

offending, . . . .58, 154, 327
Saturday (after sunset) and Sunday-
evenings :
none to be entertained in public Iiouses upon,

except strangers and lodgers, . 58
keeping open shops forbidden, . . .59

swimming forbidden, 59

walking in the streets or fields forbidden, . 59
• offenders to be restrained, Csee Resolves,

p. 793,; 59

Evening of, rudeness or disturbance upon,
in the streets, wliarves or fields,

forbidden, 081

Masters of families to take effectual care
that their children and servants
observe the law, . . . .59
One Justice of the peace to hear and deter-
mine offences, . . .58, 154, 327
fines, how appropriated, . . . .59, 681
Constables, tithingmen and justices to see

the laws observed, . . . .59

IiOKD'S DAY— continued.

all persons to aid, . . . , . .59
to restrain persons from walking, recreat-
ing, &c., in time of public wor-
ship, 681

"Watch, in towns, to be kept upon, . . .381
LOST MONEY OB GOODS.

pretended finders of. fSee Idle and Disor-
derly Persons. J

finder of to advertise, 32G

how to be appraised, 326

owner to have, or the value thereof, upon pay-
ing expenses, &c. 320

not claimed within one year, to be delivered

to finder, 326

finder, in such case, to pay one-half of the
value thereof to the overseers of

the poor, &c., 326

LTJMBEK. CSee Surveyors of boards, planJts,
4'C.., Shingles, Tiniber.)
all boards, planks, timber or slit-work, im-
ported, &c., to be surveyed and
measured before sale, in case, . 655

how marked, 055

rot, splits, &c., to be allowed for, . . . 055
fees of surveyor and measurer, .... 655
shingles falling short of number marked, to be

• forfeited, &c., 050

merchantable, dimensions of, . . . . 050
fees for survey and tale of, ... . 056
LYING. (See Libels.)

MACKEREL. (See Fish.)

MADEIRA WINE. (See Excise, Impost.)

excise on, 32, 57, 103, 272, 344, 391, 392, 433, 434, 476
528, 662, 716, 738
impost on, . . 31, 200, 269, 343, 478, 492, 501, 526
MAGISTRATES, COLONIAL. (See Jus-
tices of the Peace.)
MAILS- (See Post- Office, Postmasters.)
MAINE, PROVINCE OF.

united with Massachusetts Bay, ... 8

lands between Nova Scotia and, united with

Massachusetts Bay, .... 8
number of councillors to be chosen from, . 12
MAINPRISE.

not to' be taken in certain cases,

54, 91, 94, 169, 191, 399, 727
MALAGA "WINE. (See Excise, Impost.)
^ excise on, 32, 57, 103, 272, 344, 391, 392, 433, 434, 476>

528, 602, 716, 738
impost on . . 31,200,209,343,478,492,526

MALABAR, CAPE.

one of the bounds of the province, ... 8
MALMSEY WINE. ( See Excise, Impost.)

excise on, . 344, 391, 433, 476, 528, 662, 716, 738

impost on, 343, 492

MALT,

Act to prohibit the malting of barley and

rye, 249

Act for better making and measuring, . 447

Barley and rye, not to be used for making, . 250

penalty ; and search for, authorized, . .250

MALT— conitWMCfZ.

To be well dried and cleansed, under

penalty, 447

"Viewers of, how appointed, .... 447
Made of barley, to be free from dust, oats,

tares and cockles, .... 447
Unmerchantable, penalty for selling, . . 447
and merchantable to be kept separate by

masters of vessels, . . . .447

How measured, 447

Molasses to be used in, instead of, . . . 724

not to be distilled, 724

MANAMOIT. (See abatement, under Taxes.)
MANDAMUS.

authority of superior court to issue, denied.
(See Resolves by the House
OF Repkesentatives, p. 795.)
MANIFEST- (See Impost, Slaves, Vessels.)
of cargo to be delivered to commissioner of
impost by masters of vessels before
breaking bulk, . .119, 270, 479, 552
to contain number, names and sex of negroes

imported, 578

to be delivered within twenty-four hours

after arrival in port, . . . 479
to be sworn to, . . . . . 230,270,479
impost to be paid by masters of vessels, on
wines and merchandise not con-
tained in 480

MANSLAUGHTER. (See Murder.)

how punished, fsee jwpfe on ^. 50 J . . .65

Index.

847

MA]SrUMISSIOISr. (See Slaves.)
MAKBLEHEAD.

port of. (Se-e Salem.)
MAHKETS.

In Boston. (See Boston.)

Clerks of, how chosen, notified and sworn, . 65

form uf oath, 79

penalty for refusing to take, .... 652
how to enforce the act for assize of bread, . 253
to weigh all bread, and all biscuit sold by tale, 253
MARKETS OVERT. (See Boston.)

warehouses and shops in Boston to be, . . 238
MARINERS. (See Seamen, Service, Vessels,

Wills.)
MARLBOROUGH. (See Frontiers.)

assessors of, to assess tax of Framingham,304, 305
MARRIAGE. (See Actio s, Divorce, Will.)
Actions, not to be brought upon any agree-
ment made upon consideration of,
unless the agreement, or some
memorandum or note thereof, is
in writing and signed by the party
sought to be charged, &c., . . 46
and controversies concerning, to be heard by

the governor and council, . . 61
Prohibited between kindred within certain

degrees, 209

marriage in such cases, void, .... 209
issue of, not to take by descent, . . . 209
or, by being generally mentioned in any deed

or will, 209

Age of consent of, to be fourteen years in

males and twelve in females, . . 172
To be solemnized by justices of the peace
iu their counties, and settled or or-
dained ministers in the towns in
which they are settled, . . 61, 209
between persons one or both of wbom are
resident in tlie county or town re-
pectively, where the minister is
settled or the justice resides, . . 210

fee therefor, .61

Intention of, to be published by asking
banns at three public meetings ii>
tlie towns where both parties dwell,
or by posting their names and in-
tention at some public place in each
of the towns, there to stand for

fourteen days, 61

and names to be entered with the town clerk
of each town fifteen days before

marriage, 210

Publishment of intention of, penalty for

defacing or pulling down, . . 61
Certificate of publication, to be given by
town clerk or constable of each

town, 61

by the town clerk of each town, . . . 210
to siiow that names and intention have been

duly entered, and publication made, 210

fee for, 61

Consent of parents or guardians of minors

required, . . . . . 61, 210
Registration of, to be made by every justice

and minister solemnizing, . . 61
to be returned by them quarterly to the

clerk of the court of sessions, , 61
to the town clerk of the town where the
marriage was consummated, with-
in three months after the marriage, 210

MAKBIAGH— continued.

to be made by the clerk of the courts of ses-
sions, 61

his fee therefor, 61

to be made by the town clerk of the town
where the marriage was consum-
mated, 210

his fee therefor, 210

Banns, how published, . . . .61, 210
if forbidden, publication to cease until after
inquiry by two justices of the peace
of the same county, and a certifi-
cate from them that the cause was
insufficient or has been removed, . 210
Of female apprentice, to terminate appren-
ticeship, 67

Sentence of nullity of, penalty on parties

cohabiting after, . . . .209
Of negroes and mulattoes, with Scotch or
English subjects, or people of other
Christian nations, prohibited, . 578
penalty for solemnizing such marriage, and

how disposed of, ... . 578
Penalties :
for puUing down or defacing publishments, . 61
on parties within the prohibited degrees in-
termarrying (see Incest), . . 209
or cohabiting, after sentence of nullity, . 209
on justice or minister, acting out of his town
or county, or joining iu marriage
persons not residents of the town
or county, respectively, or without
a proper certificate from the town
clerk, or without evidence of the
consent of parents, a fine of fifty

pounds, 210

to be recovered by the county treasurer,

&c., 210

and justice 5r minister to be forever dis-
abled to join persons iu marriage, 210
and to be liable to action by parent or guar-
dian, &c., 210

on justice or minister solemnizing marriage
between negroes or mulattoes and

whites, &c., 578

MARRIED "WOMEW. (See Dower, Mar-
riage.)
MARSHALS. (See Provosts, Sheriffs.)
MARTHA'S VTNEYARD, or Capawock,
(Island of.) (See Dukes County.)

Act to confirm titles in, 117

Incorporated into Dukes county, . . . 216
Courts of general sessions of the peace and
of common pleas to be held at,

73, 284, 367, 369
of assize and general gaol delivery, how and

when held in, 74

to be held at Bristol and Plymouth for, . 285

at Plymouth for, 371

superior for, to be held at Bristol and Plym-
outh, 285

at Plymouth, 371

Appeals, or writs of error from, in civil cases,
to be heard iu the superior court
at Boston or Charlestown, . . 74

at Plymouth, 216

Jxirors to be chosen from, for superior court

at Plymouth 210

Naval ofittce established at, ... . 336
oflficer to be appointed for 30

848

Index.

MAKTHA'S ^7Tl!^EY ARB— continued.

Grants of lands, &c., in, by any former gov-
ernments, or by the successive
governors of New York, ratified
and confirmed, .."... 118
Sound, resolve for fitting out a vessel to
cruise in, for protection of trade.
(See Resolves, p. 794.)
MARTIAL LAW. CSee Courts- Martial, Ser-
vice.)
to be exercised by tlie governor by and with
the advice and consent of the
council in time of actual war, inva-
sion or rebellion, . . . .18
MASSACHUSETTS BAY. (See Admiralty,
Appeals, Bay, (fc, Charter, Colony
of Massaclmsetts Bay, Conscience,
Councillors, Elector's, Fish, Gen-
eral Court, Governor, Indians,
Lands, Laws, Oaths, Privileges,
Representatives, Secretary- J
Grant of: boundaries set forth, in the in-
denture from tlie Plymouth Com-
pany to Sir Henry Eosewell and
others 2

including all lands, grou^ids, places, soils,
. woods, wood-grounds, havens
ports, rivers, waters, fishings and
hereditaments therein, and all
islands off tlie eastern or western
coast, and all mines and minerals, 3

also all jurisdictions, rights, royalties, liber-
ties, freedoms, immunities, privi-
leges, franchises, pre-eminences,
commodities and appurtenances, . 3

Tenure under to be in fee, and as of the
royal manor of East Greenwich, in
free and common socage, and not
in capite, or by knights service, . 3

Yielding and paying one-fifth part of all
gold and silver ore found or ob-
tained there, in full satisfaction of
all duties, demands and services to

the crown, 3

Charter of the colony of, recited, . 3, 4, 5, 6

free fishing and royal fish granted by, and
patentees authorized to delegate
the right of fishing, .... 5
Province of, reasons for incorporating, . 8

boundaries of the territory of, . . . 8, 9

all mines and minerals in, granted to the in-
habitants, 9

Tenure of, to be by fealty, only, in free and

common soccage 9

Yielding and paying, yearly, one-fifth
part of all gold and silver ore and
precious stones found and obtain-
ed therein, 9

Former grants and titles in, confirmed, . 9
saving the claim of Samuel Allen and oth-
ers, under John Mason, deceased, 10
not to be avoided or prejudiced for want of

form, 10

MASTERS AND HEADS OF FAMILIES.
(See Apprentices, Marriage, Mili-
tia, Minors, Parents, Servants,
Sla'ves.)
to take effectual care, that their children and
servants do not violate the laws
for keeping the Lord's day, . . 69

MASTERS AND HEADS OF FAMILIES

— continued.
to be accountable for breach of the excise law,
by children and servants,
and for defective equipment of servants in

the militia,

and for rescous and pound-breach committed
by apprentices and minors, .
to receive the wages of their sons and servants

enlisted 532,

penalty on servants deserting the employ of, .
on stubborn servants and children,
on shipmasters entertaining servants or sons
without license and consent of,
MASTERS IN CHANCERY. (See High

Court of Chancery.)
MASTERS OF ARTS.
(See Militia.)
exempt from military duties, ....
MASTERS OF VESSELS. (See Vessels.)
MATERIALS.

on waste lands, use of, permitted for the fish-
ing trade,

MEAD. (See Metheglin.)
MEADOW LAND.

how assessed for taxes. (See Taxes.)
MEAL.

how measured, 219,

MEASUREMENT OP VESSELS. (See

Vessels.)
MEASURERS OF SALT AND CUL-
LERS OF FISH. (See Fish,
Gangers and Packers )
to be appointed in every seaport town, by the

courts of sessions, and sworn,
to cull all merchantable fish, and measure all
salt imported and sold from the
vessel, ......

tlieir fees for measuring and culling; to be paid
equally by buyer and seller, .
MEASURES, WEIGHTS AND.

Winchester standard ; and the brass and
copper weights and measures
" formerly sent out of England"
and certified from the Exchequer,

adopted,

Town standard, constables of every town
not already supplied, to provide
within three months at the town's
expense, certain weights and
measures enumerated, .
such weights and measures to be proved and
sealed by the province treasurer,
&c., and kept for standards in the

several towns,

fee of treasurer for proving and sealing,
in seaport towns, constables to provide cer-
• tain large iron weights, to be
proved, sealed and kept as stand-
ards,

selectmen or town treasurer of every town

to provide, at the town's expense,

a nest of Troy weights proved by

the public standard, ....

penalty on towns for neglect,

silver and bullion not to be weighed by

any other weigbts, ....

town beams, weights and rneasurcs to be

proved every ten years, and

stamped,

119

129

323

559
192

378

1.30

436

576
576

576

570

Index.

849

MEASURES, WEIGHTS ANH— continued.
Sealer of, to be cliosen, iu every town, by

selectmen and constables, . . 70
to be presented to the next court of sessions

and tluTC sworn, . . . .70

powers and duties of, 70

fees of, . . . . . ■ . 70,575,570
to deface and destroy false weights and

measures, 70

to go to mcrcliants' houses, &c., to seal, . 576
penalty on for neglect of duty, . . .70
in Boston, clerks of market to be, . . . 239
penalty on persons neglecting to bring their
weights and measures to for seal-
ing, 70

or to have them sealed, 575

Province treasurer to provide beams,

scales, and a nest of Troy weights,

marked with the Exchequer stamp, 576

Measures of grain, fruit, and other things

sold by heap, standard dimensions

of, 436

penalty for selling by any other measure, . 436
irregular measures to be defiiced, . . . 437
Malt, the strike in measuring to be " soft and

sawing," 447

Unsealed beams or weights, penalty for

weighing with, 570

Measures to conform, in breadth and depth,

with standards, upon penalty, . 219
MEAT. {See Gangers and Paclcers, Unwhole-
some Provisions.)
MEDWAY.

town of, incorporated, 722

MENACES AND THREATENING
SPEECHES.
justices of the peace, upon view, may order
arrest of and commit persons

guilty of, 53

MENDON. (See Frontiers.)
MERCHANDISE. (See English Goods.)

how assessed for taxes. (See Taxes.)
MESNE PROCESS. (See Bail, Prisoner,

Sureties.)
MESSAGE PROM THE GOVERNOR,
election of speaker of the house of represent-
atives to be approved or disap-
proved by, 22

MESSENGER OP THE HOUSE OP
REPRESENTATIVES,
act for ascertaining the fees of, . . . . 170
exempt from arrest during the sessions of the
assembly. (See Resolves, p. 793.J
METHEGLIN OR ICEAD. (See Excise.)

excise on, . . .32, 476, 528, 662, 716, 738
MEXICAN COINS. (See Coins.)

values of fixed 70

MILITARY OPPICERS. ( See Commander-
in-Chief, Courts- Martial, Deser-
tion, Indians, Militia, Officers,
Service.)
Commissioned, to be appointed by the gov-
ernor and commander-in-chief, . 18
exempt from serving as constables, . . 65
and from military trainings, after having

served, &c., and from watching, 1.30, .382
By ordeu of the Comjiandeimn-Ciiief,
&c. :
to train, instruct, exercise and govern the

militia, 18

107

MILITARY OPPICERS— con^mwec?.

to assemble in martial array, and put in
warlike posture, the inhabitants,
&c., . . . . . . .18

to conduct them in service within and
without the province, by sea and

land, 18

to resist invasion, and to attack and de-
stroy, pursue and capture the pub-
lic enemy, 18

to exercise martial law, &c., . . .18
to erect and demolish forts, &c., . . .18
Without orders : under acts for putting
militia in readiness for defence,
&c., 267; continued, 311; new act,
396; continued, . 040,658,675,695
commanding officer of any company or
troop, in case of alarm or sudden
invasion, to arm, array, &c., the
company or troop under his com-
mand, or part of them, and with
them to encounter and attack the
- enemy, . . . . . 267, 396
to give notice thereof, forthwith, to his

superior officer, .... 267, 396
and obey his commands and orders,

267, 396
colonel or chief officer of any regiment to
assemble and array his regiment
in like manner, upon appearance
of the enemy, by sea or land, 267, 396
to conduct the regiment, or, by writing,
under his hand, appoint some other
person to conduct the same, into
any adjacent county or place with-
in the province, for relief of towns
and garrisons attacked; and to
encounter and pursue the ene-
my, 207, 396

to send immediate notice to the captain-
general, or the commander-in-
chief, for the time being, . 268, 397
and attend and observe such directions
as he sliall give, . . . 208, 397
next commissioned officer to act, until the
return of the colonel, &c., in case
of his absence, .... 268, 397
and, in like manner, send notice to the
captain-general, &c., and obey his

directions, 268, 397

to appoint and remove non-commis-
sioned officers, 1^

to appoint clerks of companies, . . 131
In the Militia :
officers of the regiment, their powers to

arrest, try and punish offenders, . 131
officers of companies, to punish offences

committed on a training-day, or on ^
vvatcli, by penalties not greater
than laying nock and heels, riding
the wooden horse, or a fine of ten

shillings, 129

to lay assessments, and distrain for a
fund to purchase drums, trumpets,

colors, &c., 376

In actual sicnviCE. (For the poicers and
duties of officers in the sendee, and
their special duties in the militia,
see Courts- Martial, Militia, Ser-
vice.)

850

Index.

MILITARY OFFICERS— continued.

Non-coimnissioned (corporals and ser-
geants), to be appointed, in each
company, by the captain and other
commissioned officers, and to be
removed by them at pleasure, . 1.30
Clerks of companies to be appointed by
commissioned officers of each com-
pany, 131

penalty for not serving, 131

their duties. (See Militia.)
In frontier towns, to notify the clerk of the
superior court of the removal of
any inhabitants, . . . 194, 402
Desertion by, how punished, .... 401
Mutiny and sedition, joining in or inciting,

how tried and punished, . . 401, 553
Disobedience of commands of superior offi-
cers, how punished, .... 554
Courts-martial to be composed of commis-
sioned officers in actual service and
under pay, . . 401, 040, 058, 075, 090
commissioned officers of the militia when to

sit in, (see Courts- Martial,) . . 539
none under the rank of captain to sit, . 539
MIIiITIA. (See Exemption, Frontiers, Harvard
College, Indians, Negroes, Service.)
Governor and captain-general, or the com-

m.ander-in-chief to command, . 18
Not to be transported out of the province
without their consent, or the con-
sent of the general court, . . 18
acts for transporting part of, 30, 99, 170, 211, 221,
224, 2.30, 208, 292, 311, 397, 398
resolves for transporting part of. (.See Ke-
SOLVES, p. 791.)
Act regtilating, 128; additional acts,

219, 370, 493, 547, 084
Acts for putting the militia into readi-
ness for defence of the province,
207; continued, 311; new act, 390;
revived and continued, 040, 057, 074, 095
Persons liable to bear arms, and attend all
musters and military exercises : all
male persons between the ages of
sixteen years and sixty years, and
not exempted by law, . . .128
.three months allowed to sons, upon arriving
at the age of sixteen, to provide
themselves with arms and ammu-
nition, 128

■" and to servants, the like time after the expi-
ration of their terms of service, . 128
Persons liable to serve on military
■watches : all persons able of body
or that are of estate, and not ex-
empted by law, 129

Persons exempted from militia trainings :
members of the council, .... 130
representatives for the time being, , . 130
secretary of the province, .... 130

attorney-general, 130

justices of the peace, 130

president, fellows, students and servants
of Harvard College exempted by
the college charter, . . 39, 130, 289

masters of arts, 1,30

ministers, elders and deacons of churches, 130

sheriffs, 130

deputy sheritfs, l.-jO

'hUm.TlA.— continued.

licensed physicians and surgeons, . .1.30
professed schoolmasters, .... 130
military commissioned officers, . . . 130

coroners, 130

treasurers, 130

clerks of courts, 130

constables, 130

ferrymen & herdsmen constantly employed, 1-30
one miller to every grist-mill, . . . 130
officers of the public revenues, . . . 130
masters of vessels, of thirty tons and up-
wards, employed beyond sea, . 130
one son or servant of members of assem-
bly, and judges of assize, - . .545
lame persons and persons otherwise phys-
ically disabled who produce a cer-
tificate thereof from two surgeons, 130
and who have been orderly dismissed

by their commanding officers, &c., 494

Indians, 130

negroes, 130, 006

mulattoes, OOG

all persons exempt from military trainings
to be provided with arms and am-
munition, ...... 1.33

Persons exempted firom military watch-
ing and wardings :
members of the council, .... 1.30

representatives for the time being, . . 130
secretary of the province, . . . .130

president, fellows and students of Harvard

College, . . . .30, 130, 280

gentlemen belonging to the governor's

guard, 130

ministers and elders of churches, . . 1.30
licensed physicians and surgeons, . . 130

constables, 130

ferrymen constantly employed, . . . 130
one miller to every grist-mill, . . . 1.30

negroes and mulattoes 006

OflB.cers of. (See Military Officers, and see
post, under companies, regiments.)
Companies or troops : two troops of not ex-
ceeding sixty men, with officers,
allowed to a regiment, . . . 129
Clerks of, to be appointed by the commis-
sioned officers of, ... . 131
to be sworn, and form of oath, . . . 131

allowance to, 131

penalty for refusing to serve, . . . 131
duties of: to take quarter-yearly, an exact ^
list of all persons living witliin the
precincts of their troop or com-
pany, and present the same to the
captain or chief officer, . . . 128
penalty for default; to be levied by war-
rant of distress from the captain

or chief officer, 128

to collect assessments for drums, colors,

&c., 370

to distrain for fines, ftcoj^cio, . . .131
and upon warrant from the chief officer of

the regiment, 132

but not within four days after offence com-
mitted, 132

to receive and appraise provisions, &c.,
tendered by person unable to pur-
chase arms, &c., . . . .130
to sell the same and provide arms, . . 1-30

Index.

851

MIIjITI A— continued.

to render account of fines and pay over the
same, deducting their allowance,
to the captain, &c., upon ten days'

notice, 131

not paying over fines to be distrained by
constable upon the warrant of the

captain, &c., 133

Commissioned officers of, to be appoint-
ed by governor, &c., . . .18
powers iind duties of :
to decide upon the sufficiency of fii-e-arms

of foot soldiers, . . . .129
and of the horses of troopers, . . . 129
to appoint drummers and trumpeters, . 131
to appoint sergeants and corporals and

to remove them at pleasure, . . 130

to appoint a clerk, 131

in the punishment of military offences, . 129
captain or chief officer to issue warrant

for fines against delinquent clerk, . 132
to approve of substitutes on military

watches, 129

to issue warrants to constable to arrest
ofienders and to bring them into
th-e field for punishment, . . 130
twice a year, or oftener, if required, to
give order for inquiry into the con-
dition of his company, and for tak-
ing an exact list of the names of
his soldiers, and of (he inhabitants
witliin his precinct, the defects of
iirms and the names of persons not
properly provided, &c., . . . 130
with selectmen to decide upon the abil-
ity of married men unequipped aud
pleading poverty, .... 1.30
they to take charge of arms furnished

to such persons, .... 131
to report to selectmen the number of
arms aud amount of ammunition
needed to supply such poor as by
law are to be provided for, . . 131
to issue warrant for distraint of fine
against selectmen of towns un-
provided with arms and ammuni-
tion, 131, 132

to drill his company or troop four days

every year, 129

to send relief to the frontiers upon

alarm, 1.33

Privates ix :
all persons enlisted to attend duty until
orderly dismissed, or until removal
into the precincts of another com-
pany 128

if removing into the precincts of another
company in the same town, to pro-
duce a certificate of enlistment
there from the captain, &c., . . 128
penalty on persons liable to enlistment,
for removing to avoid being en-
listed; and how recovered, . . 128
fine and punishment of, for neglect to

train, &c., 129

to attend military watches in their towns,
at such time and in such place and
manner as the company- or regi-
mental officers may appoint, by
themselves or theii- substitutes, . 129

MUjITIA— continued.

fine and punishment of, for neglect to

watch, &c., 129

enlisted persons for non-attendance a sec-
ond time without cause, to be
brought into the field by the con-
stable on a warrant from the chief
officer of the company, and there

punished, 130

Arms and ammunition :
three months allowed to every son after
his arriving at sixteen years of age,
for providing himself with arms, . 128

and the same time to every servant after

the expiration of his time, . .128
every foot soldier to be provided with a
well fixed fire-lock musket, of mus-
ket or bastard-musket bore, the
barrel not less than three and a
half feet long, or other fire-arms to
the satisfaction of the commission-
ed officers of the company ; a knap-
sack ; a collar with twelve bande-
leers, or a cartouch-box ; one
pound of good powder; twenty
bullets fit for his gun; twelve flints;
a good sword or cutlass; and a
worm and priming-wire fit for his

gun, 129

fine for imperfect equipment, to be paid by
parent of minors, and masters of
servants without wages, . . . 129
every trooiDer to be provided with a horse
of five pounds value, and not less
than fourteen hands high, to be
determined by the two chief com-
missioned officers, covered with a
saddle, bit, bridle, holsters, jjectoral
and crupper; a carbine, the barrel
not less than two and one-half feet
long; a belt and swivel; a case of
pistols; a sword or cutlass; a flask
or cartouch-box; one pound of
powder, three pounds of bullets,
twenty flints, and boots and spurs, 129

to enlist his horse ; and not to dispose of
him without consent of his chief
officer, upon penalty, . . . 129

fines for imperfect equipment, and for

non-appearance, .... 129
arms, &c., to be inspected twice a year or

oftener if required, .... 130
persons unable to purchase with money to
be exempt from penalties, &c.,
upon tender of corn or other pro-
visions, &c., 130

to be sold by the clerk, and arms pur-
chased with the proceeds, . . 1.30

to attend military duties notwithstand-
ing want of arms, &c., . . . 131

if unable by reason of poverty, and un-
married, to be bound out of service
by two justices of the peace until
he earn a sufficient sum, . . . 131

if married, to be provided for out of the
town stock, until he shaU be judged
able to provide for himself, and the
arms in the meantime to be under
the care of the chief officer and se-
lectmen, 131

852

Index.

MHjITIA.— continued.

town stock of, to be provided by select-
men; quantity and description, . 131
fine on town not provided witli, . . 131
to be levied by distress against the se-
lectmen, 132

selectmen to lay and assess a rate for

purchasing 132

fine for neglect, 132

fiues, &c., when to be appropriated for

purchase of, 133

Drums, drummers, trumpets, trumpet-
ers, COLORS, &c. :
to be provided by the commissioned offi-
cers, at the charge of their com-
panies or troops, if the fines are

not sufficient, 131

pay of drummers and trumpeters, . .131
penalty on, for neglect to serve, &c., . 131
fines to be first appropriated for, . . 133
selectmen to lay assessment on town in-
habitants for, 219

commissioned officers of company or troop

to lay assessments on company for, 370
Hegiments :
Colonels or chief officers of, to call a
meeting of the chief officers of
companies as often as they shall
see cause, and at such time and
places as they shall appoint, . . 131
officers so assembled to receive military
orders from the colonel, and confer
on military matters relating to
their companies, &c., . . . 131
their power to try offenders and impose
fines, and issue warrants of dis-
tress for militarj' offences, . 131, 132
Tramings and musters :
Of companies or troops, to be four days in
every year, for exercise in military
movements, the use of arms, shoot-
ing at marks and other military

exercises, 129

JIUSTERS OF regiments (except in Bos-
ton), to be but once in three years, 129
Penalties for neglect to train, &c., . . 129
persons unable to procure equipment, to

attend, 130

Watclies, military:
to be appointed and kept in every town at
such times and places, in such
numbers and under such regula-
tions as the chief military officers
of the town shall appoint, or as
they may receive orders from the
chief officer of the regiment, . . 129
Fines and penalties :
fines : on clerk for neglect to make out lists
of persons liable to duty, — forty
shillings to the use of the com-
pany, 128

to be levied by warrant of distress from

the captain, &c., . . . .128
for refusing to serve, to be forty shillings, 131
on selectmen of towns neglecting to pro-
vide a stock of ammunition, . .131
on person liable, &c., removing to avoid
enlistment, ten shillings to the use
of the company to which he be-
longs, 128

WLliLTlA— continued.

on foot-soldicrs, for defective equipment,
six shillings for want of proper
arms, and two shillings for each
other defect, and the like sums for
each every four weeks' continuance

of the defect

to be paid by parents of minors, and mas-
ters of servants not receiving

wages,

for non-appearance at trainings, five
shillings for each day,

on troopers, for want of a proper horse,
twelve shillings; and three shil-
lings apiece for every other defect,
and the like sum for every six
weeks' continuance of the de-
fect,

for disposing of his horse, without con-
sent of his chief officer, five

pounds,

for non-appearance at training, ten shil-
lings for each day, ....
for non-attendance upon military watch-
es, after warning, five sliillings for

each day,

for not appearing npon an alarm, .

distraints for, to be issued by chief officers

of companies,

by a justice of the peace, ....

by the clerk of the company, upon order

of the chief officer of the regiment,

by the clerk, ex officio, ....

not to be made within fovir days after

the offence,

to be accounted for by the clerk, .

to be appropriated to the use of the regi-
ment, company or troop, respec-
tively; first, for the purchase and
repair of drums, trumpets, colors,
banners and halberds, and the pay-
ment of drummers and trumpet-
ers; and, second, for the purchase
of arms and ammunition for a
town stock; and how recovered, .
corporal punishments to be ordered by the
commissioned officers of compa-
nies or troops, for disorders and
contempts on a training day, or on
a watch; not being greater than
laying neck and heels, riding the
wooden horse, and ten shillings
fine,

and upon persons, fined for refusing or
neglecting to attend military train-
ings, whose fines are not paid;
punishment on the next training
day, by laying neck and heels, or
riding the wooden horse not above
one hour,

if absent the second day, to be arrested by
the constable, on a warrant from
the captain or chief officer, and
brought upon the field for punish-
ment,

Discipline, orders for promoting, to be given
to officers of companies, &c., at
the meeting of the officers of the
regiment, according to the ap-
pointment of the colonel,. &c..

120

129
129

129
132

128
128

131
132

132
131

133

129

130

Index.

853

MIU.TIA.— continued.

to be enforced by warrant of distraint and
mittimus from the cliief officer of
the regiment, . . . .' .
all officers to yield obedience to their supe-
rior officers

disobedience, how tried and punished,
Cotirts-inartial, commissioned officers of
militia, when to sit in, .
not to be under the rank of captain.
Alarms, at the castle, on Castle Island, shall
be given by putting out two flags,
and firing two guns towards the

town,

at other places, to be by firing three guus
in succession, or by firing a bea-
con, their drums beating an alarm,
free negroes and mulattoes, sixteen years of
age and upwards, to attend upon, .
penalty for not appearing upon, . . 132,
how conveyed throughout the province, 132,

penalty for giving false,

Frontiers, militia to be provided with snow-
shoes and moccasins,
relief to, how sent, upon alarm, (see Fron-
tiers,)

BiUeting and quartering soldiers, except

in public houses, forbidden, unless

by consent of the occupant, . . .

persons, (except troopers,) not to appear

upon alai-m without bayonets, &c.,

MILLERS. (See Mills. J

one to every grist-miil exempt from military

duties,

to be provided with scales and weights, .
toll for grinding, to be one-sixteenth part,
MILLS. (See Sewers, Taxes, Kesolves, pp.
794-5.)
how assessed for taxes. fSee Taxes.)
Meetings of mill-owners, how called, .
for what purposes to be held, &c., .
majority vote of owners interested, to gov-
ern,

expense of repairs, &c., how recovered from

the minority,

special contracts excepted, ....
Plowing of lands : ponds made by mUl-dams
erected on the owner's land, or
upon the land of others, with con-
sent, to remain and be improved,

&c.,

damages for, to be ascertained by sheriff's
jury, on a warrant from the court

of sessions,

to be of the yearly damage

verdict of sheriff's jury, duly returned to next
court of sessions, and allowed and
recorded, to be a bar to aU actions
for damages, &c., . . . .
except on action of debt for damages as-
sessed by jury,

complainant failing in his suit, to pay costs,

&c.,

MILTON.

(See abatement, under Taxes.)
MINES AND MINERALS.

grant of. (See Massachusetts Eay, Plymouth
Company.)
MINISTERS. (See Churches, Marriage, Re-
solves, p. 793.)

132
1.32

539
539

600
60G
1.33 '
1.33

547
133

130
C42
042

041
041

729
729

7.30
730
730

597
505

597
598

MINISTERS— con<JnMe<f.

Acts for the setHenient and support of,

02, 101, 505, 597
Exempt from taxes. (See Taxes.)

their widows also exempt. (See Taxes.)
Exempt from watchings, .... 382
Exempt from military duty, (see Militia,) 130
Towns to be provided with, and to support

and maintain them, . . . .02
contracts by, for settlement of, &c., author-
ized and confirmed 02

neglect of, to provide for, to be redressed by

the courts of sessions, . 62, 505, 597
to be presented by the grand jury, . . 597
court to fine and distr.ain selectmen and

others, for, 103

Courts of sessions, on complaint and after
order to any town destitute of a
minister, &c., to settle a minister
and provide for his maintenance,

62, 103
to report towns, neglecting or refusing to

support, to the general court,
when to appoint assessors,
General assembly, how to provide for, in
towns and districts neglecting
to lay a tax for support of, . . ,
how assessed and collected, .... 598
Districts and precincts empowered to ap-
point assessors, &c., for raising
a tax for support of, ... 506
How chosen and settled, (see Resolves,

p. 793,) . . .62, 102, 103, 216
How supported, . . . . . 63, 102

in Boston 103

Taxes for support of, how assessed and col-
lected, (see Taxes,) . . .66, 505
upon all the inhabitants, . . .63, 66
upon the inhabitants of the parish, &c.,

only, 103

assessors, when to be appointed by court of

sessions, 505

Qualifications, powers and duties of: to
be of good conversation, able,
learned, and orthodox, . . .62
to be orthodox, learned and pious, in towns,

&c., where there is no church, . 103
to dispense the word of God to the inhabit-
ants, 02, 103

to solemnize marriages in their towns, (see

Marriage,) . . . . 61, 210
MINISTRY.

persons devoted to, exempt froin taxes. (See
Taxes.)
MINORS. (See Apprentices, Children, Idle and
Disorderly Persons, Marriage,
Masters, Militia, Parents, Ser
vants, Service, Slaves.)
Age of discretion, declared to be fourteen

years and upwards, . . . .53
Carnal knowledge of females under ten

years of age, penalty for, . . 56
Males over sixteen years of age, to be en-
rolled and do service in the mili-
tia, . . '128

over eighteen years of age, to <ake the oaths
prescribed, instead of the oaths of
allegiance and supremacy, . . 77
Guardians to be chosen by minors over four-
teen years of age, . , . .101

854

Index.

MINORS— continued.

Marriage of, age of consent to be fourteen in

males and twelve in females, . . 172
female apprentice to terminate the appren-
ticeship, . . . .07, 538, C54
Apprentices, (paupers,) to be bound, the
males until twenty-one years of
age, and the females until eighteen
or marriage, . . .67, 588, 054
Family government, all minors to be un-
der, 538, 054

except single women, under certain restric-
tions, 530, 055

Military duties, males over sixteen years of

age, liable to, ... . . 128

Pound-breach committed by, how punished, 323
MISSIONARIES. (See Roman Catholics.)
MIXED ACTIONS.

courts to have jurisdiction of, . . 15, 285, 371
MOCCASINS.

militia of the frontiers to be provided with, . 547
MOCK-SERMONS. (See Indecent Publica-
tions.)
MOLASSES. (See Impost.)

impost on, . 31. 200, 201, 270, 343, 479, 492, 526
to be used by brewers, instead of barley and

malt, 724

distilling of, forbidden, 724

penalty, 724,725

sugar-house dregs excepted, .... 725
MONEY. (See BUls of Public Credit, Coin,
Counterfeiting, Treasury.)
at interest, how assessed for taxes. (See
Taxes.)
MONOPOLY". (See Salt.)

of the making of salt granted to Elisha Cooke,

and others, 230

MORTGAGES. (See Conveyance of Real Es-
tate, Equity, High Court of Chan-
cery, Registers of Deeds.)
Discliarge of, to be entered, at the request of
the mortgagor, in the margin of
the record in the office of the regis-

MORTGAGES— confinwef?.

ter of deeds, and signed by the

mortgagee, 299

such entry to release the mortgage, and bar

all actions brought thereupon, . 299
mortgagee, or his representatives, refusing
to execute a discharge within ten
days after being thereto requested,
to be liable to damages resulting,
and treble costs, .... 299
Redemption of mortgaged estates, suits for

to be brought within three years, . 357
the three years to run from the date of the

mortgagee's entry for possession, 703
MULATTOES, (See Negroes, Servants, Slaves,

Taxes.)
MURDER. (See Manslaughter, Sea.)

"Wilful, upon premeditated malice, hatred,

or cruelty, to be punished by death, 55
or upon sudden heat of anger, . . .55
upon premeditated malice or hatred, . .296
Through, guile, either by poisoning or other

devilish practice, . . . .55
accessaries to be punished by death, . . 55
Concealment, by the mother, of the death of
a bastard child, to be deemed and
punished as, unless she prove, by
one witness, at least, that the child

was born dead, 55

MUSICIANS. (See Disturbance, Idle and Dis-
orderly Persons, Innholders, MUi-
tia.)
MUSTERS. (SeeMUitia.)
MUTINY. (See Courts- Martial, Sea, Service.)
Act for punishing officers and soldiers who
shall mutiny or desert, 401; con-
tinued, 474, 491, 519; additional act, 539
Act for punishing officers and soldiers re-
tained in the service and underpay,
553; continued,

566, 585, 612, 639, 657, 674, 695
How to be punished, .... 401,553
How tried by court-martial, . . 401,539,553

NAME.

Of the colonial corporation, ... 7
Of the province, (corporate), . . . 8
NANTUCKET. ( See Naval Office.)

Act to confirm titles in, 117

all grants of lands, &c., in, by any former
government, or by the successive
governorsof New York, confirmed, 118
Actfor the better settlement of, &c., . 210
form of government existing in 1C95, contin-
ued, 216

Courts of sessions to be held at, . 73, 284, 307
of common pleas, .... 73,284,309
special court of, appointed in 1713, . . 701
of assize and general gaol delivery, 74, 280, 371
Appeals from court of common pleas in, to
be heard in superior court at Bos-
ton or Charlestown, . . 74, 280

at Boston, 216

in Suffolk or Middlesex, 371

NATICK INDIANS. (See Indians.)
NAVAL OFFICE.

(See Impost, Vessels.)
Act establishing seaports, &c., . . . 335
Acts establishing naval offices in several

ports and places, . . .34, 472
at Boston, for the port of Boston and Charles-
town, 35, 336

at Salem, for the port of Salem and Marble-
head, 35,336

at Ipswich, 35, 336

at Newbury, 35

for the port of Newbury and Salisbury, . 336
atKittery, ....... 35,336

at Plymouth, 35, 336

at Bristol, 35

at Swansey, 336

officer appointed at Martha's Vineyard, to

enter and clear vessels, . . 35, 330
and at Nantucket for the same, . . 35, 336

Lndex

855-

IT AVAL OFFICE— conimued.

Entry to be made there by all masters of

ships or vessels arriving in the

province, according to the act of

parliament 15 Car. II., chap. 7 § 8, . 35

penalty on olliccr for iUegally deferring or

delaying, 336,473

Clearance to be made there by all masters of
ships or vessels, before sailing from

the province, 35

penalty for illegally deferring or delaying,

336, 473
not to be made before certificate of payment
of tonnage duty has been delivered
to naval officer, . 164, 274, 433, 482
Fees of naval officer, . . . 35,121,336,472
penalty for extortion, . ' . . , 336, 473
Naval oflicer empowered to administer the

oaths required by act of parliament, 35
to enforce the act prohibiting the exporta-
tion of corn, grain, &c., . . . 724
Coasting vessels carrying not more than six
hogsheads, or one ton and a half
of the produce or manufacture of
English plantations, the duties on
which are to be paid in the place
of growth or production, not to be
entered or cleared nor bond or
certificate to be required of, . . 121
except a bond by the master to land the goods,
&c., at some other place within the

province, 121

penalty for not giving such bond; forfeiture

of vessels and goods, . . . 121

fee for the bond, 121

action on the bond to be brought within

twelve months, 121

Ports, for unlading, established wherever
there is a naval office, except at
Martha's Vineyard and Nantucket,
where vessels are only to be cleared
and entered, but not unladed, . 336
NAVY. (See Fire-Ship, Privateers, Province
Galley, Sloop, Resolve.s, pp. 791,
794.)
NECKLACES. (See Impost.)

impost on, -, . 601

NECK-AND-HEELS.

puui.'^hraent by laying. (See Militia, Service.)
NEGEOES AND kuLATTOES. (See Inn-
holders, License, Marriage, Militia,
Servants, Slaves, Taxes.)
Act for the better preventing of a spuri-
ous and mixed issue, . . . 578
Act for the regulating of free negroes,

&C., 606

Exempt from militia trainings, . . 130, 606

and from watcliings, 606

Tazes on, how assessed. (See Servants,

Slaves, Taxes.)
Public houses, negroes not to be allowed to
sit drinking in, or to have drink
there, except by allowance of their

masters, 154, 327

Stolen goods, penalty for buying of negro

servants or slaves ; penalty on servant
or slave offering to sell, . 156, 325
Marriage with English or Scotch, or subjects
of other Christian nations forbid-
den 678

NEQKOES AND MTTLATTOES— continued.

penalty on person solemnizing such mar-
riage 573

between negroes, &c., not to be unreason-
ably denied by masters, . . . 578
Fornication by a negro or mulatto man with
a white woman, to be punished by
whipping both, and the man to be
sold and sent out of the province
within six months, and imprisoned
in the meantime; the woman to
maiutain the child, if any, and, if
unable, to be put out to service for
that purpose, 578

by a wliite man with a negro or mulatto wo-
man : the man to be whipped,
fined and enjoined to maiutain the
child, if any ; the woman to be
sold and sent out of the province, 578
Striking a white person, negro or mulatto

to be severely whipped for, . . 578
Importation of: all negroes, of either sex,
imported after May first, 1706, to
be entered at the impost office by
the shipmaster or importer : their
number, names and sex to be
stated, 578

and inserted in the manifest by the shipmas-
ter, . . . ' . . . .578

four pounds per head to be paid as impost, . 578
master and vessel held for the impost, . 579
clearance of vessel not to be granted until

the same be paid, .... 579

penalty for not entering the full number :
fine or forfeiture of eight pounds
per head, 579

drawback of the whole duty allowed upon

exportation within twelve months, 579
and the same to purchasers of negroes dy-
ing within six weeks next after

importation, 579

Free negroes and mulattoes to perfornT la-
bor on highways, &c., equivalent
to services performed by militia-
men; to be ordered by selectmen, . 606

fine for neglect or refusal, after due warning, 606
if unable to pay, to be committed to the

house of correction, . . 607

not to harbor negro or mulatto servants, . 607

penalty, 607

Alarms : free negroes or mulattoes, of the
age of sixteen years and upwards,
and able of body, to appear upon
at the parade of the military com-
pany of their precinct and there
obey the orders of the first commis-
sioned officer of the company, while
the company is under arms, . . 606

penalty for being absent, &c., without ac-
cepted excuse, 007

Servants, negro or mulatto, not to be abroad
after nine o'clock at night, unless
upon some errand for their mas-
ters 535

if found abroad or misbeliaving themselves,
to be apprehended and sent to the
house of correction, . . . .536
NEIGH BOHINQ COLONIES AND
PROVINCES. (See Bills of
Public Credit, Militia.)

856

Index,

NSUTBALS. (See French.)
NE"WBTJRY.

naval office established at port of, . • 35, 336
NEW PLYMOUTH. (See Plymouth Colony.)
UEW TRIALS. (See Actions, Appeals, Error,

Review.)
NEW YORK. (See Martha's Vineyard, Militia,

Nantucket.)
NEXT OF KIN. (See Kin.)
NIGHT. (See Disturbance, Innholders, Lord's
Day, Negroes, Servants, Slaves,
Watch, and Watchmen.)
Actforkeepingof watches in towns, .381
Act to prevent disorders in the night, . 535
Act against intemperance, &c., and for

reformation of manners, . • 079
Persons abroad in, to give account of them-
selves to the watch, .... 382
suspected persons how arrested and exam-
ined, 382

Negro and mulatto servants or slaves not
to be abroad after nine o'clock at

night, &c., 535

Public houses, inhabitants not to drink in,

after nine o'clock at night, . 58, 680
Saturday and Sunday evenings, labor,
trade and sports not to be allowed

on, 59, 081

Bout or disturbance in towns during, how

punished, 081

NIGHT WALKERS, COMMaN. (See Idle

and Disorderly Persons, j
NOMINATION.

of officers . ( See Appointment.)

not to be made by governor without seven days

previous notice to the councillors, 12
NON-RESIDENTS. (See Taxes)
NON VULT ULTERITJS PROSEQUI.

when not admitted, 33, 99

NONSUIT. (See Appeals.)

defendant's costs upon, allowed and how re-
covered, . . . 72, 283, 321, 404
double costs when allowed in suits against
gaolers for discharge of poor pris-
oners for debt, 331

costs and damages when allowed in suits
against prison-keepers for dis-
charge of prisoners for theft, . . 505
NORTHAMPTON. (See abatement, under

Taxes.)
NORTON.

incorporated, 676

NOTARY PUBLIC. (See Resolves, pp. 791,
794.)
act establishing fees of, ... . 717, 718
NOVA SCOTIA, or ACADIA.

lands between Maine and Nova Scotia included

in the province territory, . . 8
number of councillors to be chosen from that

territory, 12

NUISANCES, COMMON.

Act for prevention of, &c., 59, and addi-
tional act, 250; continued, 023; ad-
ditional act, 050

Act to prevent encroachments upon

highways, &c., . . . .311
WUat to be deemed : wooden buildings in
Boston, after conviction of builder,
&c., 42

NUISANCES, COMMON-con«nMcd.

except slaughter-houses, distilleries, chan-
dleries and curriers' shops, duly lo-
cated by selectmen, &c., . . 59, 657
distilleries and tallow-chandleries, not locat-
ed by selectmen, &c., . 59, 256, 657
slaughter-houses and curriers' shops, . 59, 657
shops of leather-dressers, .... 623
Evidence of a slaughter-house : dead beasts
hanging there, or garbage, &c., re-
moved therefrom, .... 657
In ways : rails or fences upon or across high-
ways, to be deemed, . . . 137
and similar obstructions in private ways, . 137
encroachments upon highways to be deemed, 312
exceptions, (see Resolves, p. 793,) . . 312
In rivers: wears, hedges, fish-garths, stakes,
kiddles, &c., placed iu rivers, with-
out license of selectmen, declared

nuisances, 044, 045

mill-dams excepted, 645

Penalties for committing, by building
wooden buildings in Boston with-
out license, 42

by butchers and curriers, . . .59, 657

.by distillers and taUow-chandlers, . 59, 256,057
by persons obstructing the passage offish,

in rivers, 645

Abatement of : powers of surveyors of high-
ways in, 136

any person authorized to pull down and re-
■ move unlawful obstructions in the

highway, 137

of buildings, &c., illegally encroaching upon
the highway, to be made by courts
of sessions, . . . '' . . 312
and a committee of two or more disinterested
persons, appointed by a justice of
the peace, to cause the removal of
obstructions in private ways, . . 137
distillers and tallow-chandlers to recognize
to take down their stills and fur-
naces unlawfully erected, . . 256
courts of sessions authorized to reiiiove

them at the owner's expense, . 256
and prevent the further use thereof, . 657
owners of wooden buildings erected in Bos-
ton, without license, to recognize
to take them down, . . . .42
courts of sessions authorized to remove

them, 42

of obstructions to the passage of fish, in riv-
ers, to be by writ from the courts
of sessions or by two justices of
the peace, quorum tinus, directed
to the sheriff or constable, . . 645
of slaughter-houses, distilleries, tallow-chan-
dleries, curriers' shops, and any
other nuisances, (after inquisition
found by a jury,) by the court of

sessions, 657

NULLA BONA.

return of. (See Scire Facias.)
NULLITY OF MARRIAGE.

Decree of. (See Divorce, Marriage.)
penalty on parties cohabiting after, . . 209
NUNCUPATIVE WILLS.
(See Wills.)

Index.

857

OATHS. (See Attorneys, Coroners, Council,
Courts, Declaration of Fidelity,
Excise, Governor, Impost, Jurors,
Justices of the Peace, Perjury, Pur-
gation, Representatives, Witnesses.)
Public officers to take and subscribe ; and

before whom, . 12, 13, 14, 65, 299, 443
officers of excise, . 34, 104, 275, 340, 304, 502
Officers of impost, . 34, 104, 2~3, 340, 351, 482
surveyors of highways before justices of the

peace, 136

clerks of common pleas, as registers of deeds, 299
Inhabitants to take the oaths appointed by
act of parliament to be taken in-
stead of the oaths of allegiance
and supremacy ; and before whom, 14
all male persons of eighteen years of age, or

upwards to take 77

penalty for refusing, . . . • • • ''''
In courts of justice, of persons serving assu-
rors, witnesses or otherwise, to be
taken with no other ceremony than
lifting up the hand, . 75, 287, 374, 465
representatives to take the oaths instead of the
oaths of allegiance ; and also repeat
and subscribe the declaration of

fidelity, 12

Who to administer :
the governor, . . . .12, 14, 77, 358, 594

and council, 292, 473

lieutenant-governor, . . . .12, 13, 14, 77
members of the council, 12, 13, 14, 77, 630, 558, 594
commissioners appointed by governor, . 77, 358

courts-martial, 401, 554

justices of the courts, 15

judges of probate, . . . .49, 252, 431
justices of the peace, 65,131,1.36,320,330,333,401, 501
officers of excise, .... 208,236,502
officers of impost,

208, 236, 270, 271, 272, 307, 345, 349, 479, 480
selectmen in towns where no justice of the

peace dwells, .... 443, 444
town clerks, in towns where no justice of the
peace dwells,
166, 243, 261, 280, 304, 340, 389, 406, 409
clerks of precincts, . . 166,243,261,280,304

coroners, 428

Forms of, by, —

councillors, 78

justices of the superior court of judicature,

and courts of common pleas, . . 358
justices of the peace, . . ■— . . .78

sherifi's or marshals, 78

constables 79

tithingmen 155,329

grand jurors, 79

petit jurors in criminal and civil cases, . . 79
members of courts-martial, . . . 402,555

coroners, 426

jurors at inquests, 427

■witnesses before coroner's jury, . . . 428

attorneys, 467

town clerks, 79

108

OATHS— continued.

assessors of taxes, 166, 243, 261, 280, 304, 340, 389,

406, 409

collectors of taxes, 391

sealers of leather, 79

cullers of fish 79

packers and gangers, 79

viewers, gangers and surveyors of cask for

tar, &c. ■ 575

surveyors of hemp 474

clerks of the market, 79

clerks of military companies, .... 131
shipmasters, not to export bullion, . . 307

poor prisoners for debt, 330

To be taken by,—
poor prisoners for debt, to schedule of prop-
erty, &c., 331.

brewers and distUlers, ..... . 602

importers for drawback on goods exported,

&c., .... 31,208,345,502

to entry of imported goods, . . . 271, 480
shipmasters, to land exported goods, out of

the province, 273

Purgation by, allowed to person charged by
any Indian with furnishing liquor
to Indians; form of oath, . . 15J
OATS. (See Grain, Malt.)

to be furnished by inuholders at not more than

one penny per quart, . . • 154
OBEDIENCE.

to the laws, &c., commanded, . . . .16
OBSCENITY. (See Indecent Publications,

Lewdness.)
OFFICE.

Civil, exemption from holding. (See Harvard

College )
Military, exemption from. (See Harvard

College, Militia, Service.)
Disability to hold, in the case of any officer
refusing to obey writ of habeas
corpus, &c., . . . • .97
in the case of officers receiving a bribe to
conceal or not to prosecute viola-
tions of law by retailers of liquors, 191
ministers or justices solemnizing marriages

irregularly, 210

Hours. (See Commissioner tf Receiver of Impost.)
OFFICERS. (See Appointment, Commissioned
Officers, Council, Courts, General
Court, Governor, Habeas Corpus,
Military Officers, Militia, Oaths,
Towns, Writs, and under the heads
of the respective offices.)
officers to be appointed by the crown : gover-
nor, lieutenant-governor and sec-
retary, 13

officers to be appointed by the governor, with
the advice and consent of the coun-
cil : judges, commissioners of oyer
and terminer, sheriffs, provosts,
marshals, justices of the peace and
other officers to the council and
courts of justice belonging, . . 12

858

Index.

OF'FICEB.S— continued.

the general court to name and settle all other

officers, 16

and to define their powers and duties, . . 16
election of speaker of the house of representa-
tives to be approved ordisapproved
by the governor in a written mes-
sage, 22

OMISSIONS.

in the explanatory charter of the province; not

to vitiate it, 23

OMTTS PKOBANDI.

(See Evidence.)
OOZE, (or wooze.)

tanners not to use heated, 312

OPINIONS. {See Attormy- General, #c., Prwy

CouncU, Trade, Board of.)
OBCHARDS. (See Trespass.)

how assessed for taxes. (See Taxes.)

ORDERS AND ORDINANCES.

all manner of wholesome laws and, to be made

by the general court, . . .15
ORES OP GOLD AND SILVER.

tribute of one-fifth part of, to the crown, 2, 3, 6
ORTHODOX.

ministers to be, 02, 103

OUTCRY. (See Auction.)
OVERSEERS OP THE POOR. (See Ap-
prentices, Insane, ^c, Poor, Work-
houses.)
OXEN.

how assessed for taxes. (See Taxes.)
OXFORD. (See abatement, under Taxes.)
OYER AND TERMINER.

commissioners of, to be appointed by the gov-
ernor, 12

special court of, to be appointed for the trial of

Boman Catholic clergymen, . . 424

PACKERS. (See Gangers and Packers, Pro-
visions.)
PAGE- (See Fees.)

twenty-eight lines, of eight words each, to

constitute, . . .85, 86, 87, 299, 718
PALMISTRY. (See Idle and Disorderly Per-
sons.)
PAPER MONEY, (See Bills of Public

Credit, Counterfeiting.)
PAPISTS^ (See Boman Catholics.)
PARDON.

granted to such as shall expose and convict
counterfeiters, &c., of bills of pub-
lic credit, 72.3

PARENTS. (See Children, Marriage, Masters
and Heads of Families, Militia,
Minors.)
PARLIAMENT.

acts of, referred to, 12, 13, 34, 44, 46, 76, 110, 121,
122, 287, 336, 596
PARTITION. (See Common Fields, <fc., Es-
tates of Persons Deceased.)
at lands of intestates, how made, . . .44
among coparceners, joint tenants, and tenants
in common, to be enforced by writ
of partition at common law, . . 122
act for, not to apply to undivided or common
lands referred to in 1692-3, chap.

28, 122

PARTY-'WALLS, (in Boston,)

may be built one-half upon adjoining ground, 43
toothings to be left in the corners, . . .43
abutter to pay for one-half of, when he shall

build, 43

disputes concerning, how settled, . . .43
PASSADO "WINE. (See Excise, Impost.)

excise on, 32, 57, 103, 272, 344, 391, 392, 433, 434, 476,
528, 662, 716, 738
impost on, . 31,200,209,343,478,492,501,520
PASSENGERS. (See Contagious Diseases,

Pnor, Towns, Vessels.)
PASTURE LAND.

how asses&eo for taxes. (See Taxes.)

PATENT, LETTERS, (See Charter.)
PATTENS.

impost on, 501

PAUPERS. (See Apprentices, Poor, Idle and

Disorderly Persons, Workhouses.)

PAY (of soldiers and seamen.) (See Excise,

Impost, Indians, Service, Taxes.)
PEACE. (See Justices, Sessions.)

breakers of the, how punished, . . . .122
PEAS. (See Grain.)
PECTORAL.

troopers to be provided with, .... 129
PECULIARS. (See Districts, Common Fields,
Fence- Viewers, Precincts, Villages.)
fence-viewers to be chosen in, . . . 138, 333
field-drivers or haywards to be chosen in, . 1.38
commonage of woods, timber and herbage,
&c., not allowed to cottages
erected in, since 1661, except, &c., 65
PEDLERS, HAWKERS AND PETTY
CHAPMEN.

Act against, 720

forbidden to trade under twenty pounds' pen-
alty, 721

penalty, how recovered and disposed of, . 721
PEMBROKE.

town of, incorporated, 684

PENALTIES. (See Bonds, Equity, High
Court of Chancery.)

general court to prescribe, 15

PENNIES. (See Coin, Counterfeiting.)

penalty for making or counterfeiting, . . 445
PENSIONS OP SOLDIERS AND SEA-
MEN. (See Service.)
of the colony, continued to such as were pen-
sioners under the colonial govern-
ment, 135

of the province, to be granted to such as shall

be wounded in the service, . 1.35, 400
to be paid out of the province treasury, . 135, 400
to volunteers without pay, maimed or wounded
in service against the Indians,

176, 292, 530

Index.

859

PERAMBULATIONS. (See Common Fields,
Towns.)
how to be made of town boundary lines, . . 64
PERIWIGS.

impost on, 501

PERJURY. (See Frauds, Subornation of Per-
jury, Witnesses. J

wilful, how puuislied, 54

false depositions to be punished as, . . . 226
false oath by poor prisoner for debt, to be

deemed and punished as, . . 332
false oath by bankrupt, to be deemed and pun-
ished as, 729

PERRY.

excise on, 32, 57, 103, 272, 344, 391, 392, 433, 434, 470,
528, 602, 716, 738
PERSONAL ACTIONS. (See Actions, Courts.)
PERSONAL ESTATE. (See Distribution,
Taxes.)
to be first taken on execution for debt, if ten-
dered, 69, 254

of deceased persons, to be first applied for the

payment of debts, . . .69, 254
PERSONS. (See Servants, Slaves.)

of inhabitants to be subject to taxation, . . 16
PETTY CHAPMEN. ( See Pedlers.)
PHIPS, SIR \vriLLIAM.

governor, allowance to, (see List of Public

Acts, p. 787,) .... 174, 188
PHYSICIANS. (See Militia.)

exempt from military duties 130

PHYSIOGNOMY. (See Idle and Disorderly

Persons.)
PICKLED FISH. (See Gangers and Packers,

Provisions.)
PIECES OF EIGHT. (See Coin.)
PILFERERS. (See Larceny, Idle and Disor-
derly Persons.)
PILLORY.

offenders to be set in the,

50, 53, 54, 71, 91, 297, 424, 514, 682
PIRACY. (See Privateers, Sea.)

defined, and how punished, . . .56, 246

act against, 245

PISTOLS.

troopers to be provided with a case of, . . 129
PITCH. (See Tar.)

act to restrain the exportation of, &c., . . 181
PLACES. (See Towns.)
PLAINT. (See Actions, Complaint.)
PLAINTIFF. (See Actions, Attorneys, Indorser,

Nonsuit, Writs.)
PLANKS. (See Lumber, Timber.)

exportation of, forbidden, 181

PLAYS, UNLAWFUL. (See Disturbance,
Idle and Disorderly Persons, Lord's
Day.)
PLEADINGS. (See Appeals, Justices of the
Peace.)
To be in English tongue, 75, 287, 374, 464

Circumstantial errors in, not to abate,

75, 287, 374, 464
In abatement of writ, allowed for want of

proper service, 448

of writs brought by foreign plaintiffs, not
giving bond, &c., before action

brought, 223

In bar or abatement, to be made before the
justice or in the inferior court, be-
fore issue joined, . . . 537, 538

F'LEA.'DINQS— continued.

if overruled in the appellate court, the judg-
ment of the inferior court or justice
is to be reversed, and the appellant
to receive full costs in both courts,

537, 538
and the cause to be remanded to the inferior
court or justice, for trial upon its

merits, 537,638

attachments, bonds and recognizances not to
be discharged or dissolved by the
former judgment, .... 537
Amendments allowed, where the person
and case may be rightly understood
and intended by the court, on mo-
tion made in court, .... 464

General Issue, form of, 99

may be pleaded in actions brought for viola-
tions of the habeas-corpus act, . 99
by prison-keepers in suits against them for
release of prisoners committed for

theft, &c., 505

by attorney or trustee who has been dis-
charged, &c.,on trustee process in
an action against him by his prin-
cipal, 630

New, allowed on appeals from the courts of

common pleas, . . 73, 285, 373, 466
Plea of title of land, in actions of trespass
before a justice of the peace, to be
taken as an admission of the entry, 324
proceedings thereupon, . . . • . 324
Continuances or imparlances, two allow-
ed to absent defendant who has
not been served with process, . 448
three allowed, as of course, to attorney or

trustee of absent or absconding debtor, 630
PLEAS. (See Actions, Courts, Mixed Actions,
Pleadings, Ileal Actions.)
real, personal and mixed, courts to have cog-
nizance of, 15

PLUNDER. ( See Indians, Service.)

taken from Indian enemy, how disposed of,

176, 292, 530
PLYMOUTH. (See Appeals, Dukes County,
Naval Office.)
port of, naval office established at, . . 35, 336
appeals from Dukes County to be heard in

superior court at, . . . . 216
jurors for superior court at, to be chosen from

Plymouth and Dukes counties, . 216
PLYMOUTH COLONY. (See Taxes.)

Reasons for uniting with Massachusetts

Bay, 8

Number of councillors from, ... 12

Laws of, continued, 27

Taxes of, act for collecting arrears of, . . 27
Counties in, former boundaries and names

of, continued, 63

PLYMOUTH COMPANY.

council established at Plymouth in Devonshire,
England; estate and franchise
granted to; boundaries, ... 1
lands, soils, grounds, havens, ports, rivers,
waters, fisliings, mines and miner-
als, royal mines of gold and silver,
precious stones, quarries, and all
other commodities, jurisdictions,
royalties, privileges, franchises,
and pre-eminences on the main

860

Index.

PLYMOUTH COMPANY— continued.

land and in the adjoining islands
and seas, granted to, in fee, by

King James I., 1

not to include lauds, &c., then actually pos-
sessed or inhabited by any other
Christian prince or state, or with-
in the limits of the Southern col-
ony, 1

Tenure of grant to be in fee, as of the royal
manor of East Greenwich in Kent,
in free and common socage, . . 2
Yielding and paying therefor to the crown,
one-fifth part of all gold and silver
ore found there, in lieu of all duties,
demands and services, ... 2
Indenture from to Sir Henry Rosewell and

others, Csee Massachusetts Bay,) , 2
POISOJSriWG. (See note on p. 50.;

to death, how punished, 55

POLL TAX. {See Servants, Slaves, Taxes.)
POLYGAMY.

act against adultery and, 171

made a capital crime, 171

act not to extend to any person whose hus-
band or wife shall be and remain
beyond the seas for seven years

continuously, 1~1

nor to persons divorced, or whose mar-
riage shall have been declared

. void, 172

persons accused of, may be tried in the county

where they are arrested, . . .171
PONDS. (See Fences, Mills, Sewers.)
POOR. (See Apprentices, Contagious Diseases,
Idle and Disorderly Persons, Tax-
es, Towns, Vessels, Workhouses.)
Acts referring to,

CI, 380, 538; continued, 587, C54

Forfeitures to the use of, 45, 56, 57, 59, 60, 6i,

65, 66, 67, 71, 103, 114, 142, 151, 154, 155,

150, 168, 192, 212, 219, 224, 226, 231, 239,

250, 253, 256, 208, 277, 314, 323, 324, 326,

327, 333, 382, 405, 407, 447, 474, 520, 551,

570, 575, 607, 611, 616, 628, 633, 055, 656,

678, 681, 682, 695, 715, 720, 723, 724, 725,

730, 748

to be accounted for by justices of the peace,

&c., 449

Exempt from taxes. (See Taxes.)
How furnished with arms, &c., for milita-
ry duty. (See Militia.)
Inhabitants to be relieved by towns, &c., . 67
persons residing in any town, &c., for three
months, and not having been
warned, &c., to be reputed inhabit-
ants; and to be relieved by the
town, unless their lineal relatives
are of sufficient ability, ... 67
time of residence, &c., extended to twelve

months, 453

Kelatives of, liable for support of parents or
grandparents, children or grand-
children, 67

to relieve them in such manner as the court

of sessions shall order, . . .03

penalty for neglect of, 68

"Warning of: persons warned to leave town,
required to depart in fourteen days,
or else to be sent away by the con-

PO OIR— continued.

stable, at their own charge, if able;

otherwise, at the cost of the town, 68

names of persons warned, with the time of

their abiding thei-e, to be returned

to the court of sessions, . . .67

persons returning, after having been sent

. away, to be proceeded against as

vagabonds, 453

Prisoners and persons lawfully restrained in
any town, or there for nursing or
education, or in the care of a phy-
sician, to be relieved by tlie per-
sons receiving or entertaining
them, by order of the court of ses-
sions, upon complaint made, . . 68
Children, to be bound out as apprentices by
overseers of the poor, or select-
men, with the assent of two jus-
tices of the peace, . . 67, 538, 654
males until the age of twenty-one, and fe-
males until the age of eigliteen, or
marriage, . . . .67, 538, 654
provision to be made for the instruction of
children, so .ipprenticed, in reading
and writing, .... 538, 654
treatment of children, so apprenticed, to
be inquired into by selectmen or

overseers, 538, 654

to be under some family government, . 538, 654
except single women, of good repute, in
the exercise of any lawful trade or
employment, for a livelihood, they
being thereto allowed by the select-
men or overseers of the poor, &c.,

539, 655
Idle persons, without means, to be set to
work, by selectmen or overseers,
with the assent of two justices of

peace, 538

Passengers, masters of vessels to give secu-
rity to save towns from liability

for support of, 452

to furnish lists of, to the receiver of impost, 452
lists of, to be transmitted to town clerks, . 452
to be laid before the selectmen, . . . 452
Sick persons, visited with contagious dis-
eases, to be provided and cared for
by the selectmen, at the expense

of the town, 469

in other towns than where they belong, ex-
penses of their sickness to be as-
certained, and payment thereof
ordered by the court of sessions,

&c. 409

Province to bear expenses of maintaining, —
poor passengers, inhabitants of the prov-
ince, arriving by sea, . . . 452
and such as received their injuries or disa-
bility during the voyage hither, . 452
poor persons, not belonging to any town or
place within this province, visited
with contagious sickness, ■. . 469
Overseers of, how chosen, . . . .67
"Workhouses for vagrant and idle poor,
how provided with tools and mate

rials for labor, 380

how governed and inspected, . . .380
masters and wardens of, their powers and

duties, 380

Index.

861

VOO^— continued-
stock for, to be kept entire, and used for no

other purpose, 380

POOR DEBTOBS. (See Banbrupts, Estates
of Persons Deceased, Poor Prison-
ers .J
POOR PRISONERS. (See Prisoners, Taxes. J
County rate to be assessed for the support

of, 63,64

For debt : act for the relief and release

of, 330

act for better securing tbe payment of

prison charges, .... 586
prisoner held on execution for debt or dam-
ages, for less than five hundred
pounds to one person, to petition
for his discharge to any justice of

the peace, 3.30

after having remained in prison one

montli, 332

justice to issue warrant, under his hand and
seal, requiring the gaoler, &c., to
bring the prisoner before him, &c.,
at some place witliin one mile from

the prison, 330

gaoler to obey the warrant, and to certify

the cause of imprisonment, . . 330
penalty for neglect or refusal, . . . 332
oath of, to be taken before the justice; form

thereof, . . . . . .330

unless the prisoner is held for non-pay-
ment of fines, . ... . . 332

prisoner to be thereupon remanded to

prison, 331

penalty for false swearing, . . 331, 332
justice to give a written certificate of the
oath, under his hand and seal, to

the prisoner, 331

justice's certificate, and a summons to ap-
pear at the next court of sessions,
. to be served upon debtor and cred-
itor, fifteen days or more before

the sessions, 331

return of service thereof, how made, . . 331
court of sessions to issue warrant for dis-
charge of the prisoner, if the oath
be not disproved, &c., . ' . . 331
gaoler thereupon to discharge prisoner if

held for no other cause, . . .331
not liable for escape, &c., . . . , 331
may plead the general issue in actions

brought for escape, .... 331
and if plaintiff is nonsuited, or defeated, to

have double costs, .... .331
penalty for neglect or refusal, . . . .3.32
and prisoner not to pay any fee or chamber

rent, 331

discharge not to be granted, if creditor allow
and pay to the prisoner weekly for
his maintenance such a sura as the
justices shall order, not exceeding
two shillings and sixpence per

week, 331

allowance to be paid by father, mother,

son or daughter of prisoner, or

other person obliged *by law to

maintain him, &c., .... 332

if the allowance is not paid, the prisoner

to be discharged, .... 331
(See Resolves, p. 793.)

POOR FBlSO'NEItS— continued.

allowance to cease upon the discharge of

the prisoner, 331

prisoner remanded not to be held longer than
three Jnonths after allowance, un-
less tlie creditor shall discover and
show to two justices of the county,
that he has estate, &c., . . . 3.31
at the expiration of three months to be
discharged by warrant under the
• hands and seals of two justices of

the peace 331

to be bound to service (if unmarried,) by
the court of sessions, in payment of
the debt, . . . . . .332

convicted of swearing falsely, to be recom-
mitted on new process, &c., . . 332
and to have no benefit of former discharge, 3-32
execution against his estate, after his dis-
charge and before remanding, to

hold good 332 0

judgments against poor prisoners discharged
to remain good, notwithstanding
their discharge, and new execu-
tions to be thereupon issued against
their goods and estate, . . . 332
executions against not to be levied upon
wearing apparel and bedding for
family use, and tools necessary for
their trade and occupation, . . 332
sureties of, not released by discharge of prin-
cipal, nor principal by discharge

of surety, 33-?

schedule of estate and credits, how to be
made by, subscribed and sworn to

by prisoner, 333

to be returned to the next court of sessions, 3-33
discharge not to be granted until such sched-
ule is subscribed and sworn to by

the debtor, 333

creditors of, to sue in the name of the pris-
oner for debts due to him, '. . 333
to deduct their own debts and cliargesfrom
the amount recovered and pay over
the balance to the prisoner, . . 333
On mesne process : plaintifi'or his attorney
to be liable to gaoler or prison-
keeper for support of, . . . 586
POPERY. (See Roman CatJwlics.J
POPULATION. (See Colony.)
PORK. (See Casks, Proinsions.)

exportation of, forbidden, 277

PORT -WINE.

excise on, . . 344, 392, 4-34, 476, 528, 062, 716, 738
impost on, • . 31, 200, 269, 343, 478, 492, 501, 526
PORTS. ( See Massachusetts Batj, Naval Office,

Plymouth Company, Seaports.)
POSSE COMITATUS. (See Sheriffs.)

to attend and aid justices of the peace, in mak-
ing restitution in cases of forcible
entry and detainer, .... 442
POSSESSIONS. (See Prescription, Titles.)

acts for quieting, 41, 299

POSTHUMOUS CHILDREN. (See Wills.)
Act providing for, (see Resolves, p.

794,) 429

Of testator, without having provision made
for them in the will, to take the
same estate as if tlie fatlicr had
died intestate, .... 4-30

862

Index.

POSTMASTER. (See Ferries, Fost-Office.)
At Boston, to be appointed by Andrew Ham-
ilton, the deputy postmaster-gen-
eral, 115

to have exclusive right to receive and send

letters, 115

except letters of merchants and masters,
sent by shipmasters or other per-
sons, and private letters, &c., sent
in the care of friends journeying,
or by special messengers, . . 115
shipmasters and others to deliver letters to,

(see Resolves, p. 791,) . . .117
to pay shipmasters a halfpenny for each let-
ter received 117

to mark all letters with a print, showing the
day of the moutli and the year

when received, 117

penalty on forneglect in continuing constant

posts and delivering letters, . . 117
POST-OFFICE.

Act encouraging, 115; continued, 236.
A general office established at Boston, . 115
letters and p*ckets to be received at, and
sent from, to and from all of the
adjacent colonies and plantations
on the main land, and any of their
majesties' kingdoms and dominions
beyond the seas, .... 115
Exclusive privilege granted to; and excep-
tions, 115

penalty on others for carrying letters, &c., . 116

Kates of postage established 116

Mail-carriers and their horses not to pay

toll at ferries 116

penalty on ferrymen for neglect or delay,

117, 183
Shipmasters to deliver letters at, . . . 117
and to receive a halfpenny for each letter

delivered, (see Resolves, p. 791,) 117
Public letters to be despatched with all pos-
sible speed, free of charge, . . 117
POUND-BEEACH. (See Founds, Rescous.)

how punished, 323

POUNDS. (See Common Fields, Field-diivers,
Baywards, Found-breach, Replevin,
Rescous, Strays, Swine, Trespass.)
Act for regulating fences, cattle, &c., . 138
Act for providing of pounds and to pre-
vent rescous and pound-breach, . 322
Act in addition to the act providing of

pounds, &C., 535

Act for the better regulation of swine,

&C 730

Every town to maintain a sufRcient pound
or pounds for impounding swine,

cattle or sheep, 322

in such places as the selectmen shall ap-
point, 322

"What animals, and for wliat causes im-
pounded :
for going at large upon the commons, horses
not duly entered with the town

clerk, 139

swine not ringed ; or not suflficiently yoked,
from the first of April to the fif-
teenth of October, . . . 139, 322
from the first of April to the last of Octo-
ber, 730

neat cattle, 1.39

'POJJ'N'DS— continued.

sheep without a shepherd, from the first of

May to the last of October, . . 1.39
neat cattle, horses or sheep that are not
allowed to feed there by tlie vote
of the proprietors, .... 322
for being taken damage-feasant in any corn-
field or other inclosure, any swine,
neat cattle, horses or sheep, . . 322
"Who may impound :
field-drivers or haywards, or any other per-
son, 139, 322

hogreeves, all swine for which the owner
refuses to pay the legal fee or pen-
alty, 730

Proceedings :
persons impounding to notify the owner,
forthwith, in writing, at his house
or usual place of abode, . . . 322
if the owner is unknown, to cause the
creatures to be publicly cried, or a
notice to be posted in some public
place in the town, and in the two
next neighboring towns from
which it may be most likely such
creatures came, .... 322
to furnish the creatures with suitable

water and provender, . . . 323
after three days, if no claimant appear, to
proceed with them as with strays,

(see Strays,) 323

if claimant appears, the creatures to be
delivered to him on payment of
fees of person impounding, and of
the pound-keeper, and damages to
the party injured, .... 322
Pound-keeper:
to receive twopence per head for all neat
cattle or horses, and one penny per
head for all sheep or swine im-
pounded, 1.39, 322

Fees for impounding, &c., one sliilling
per head for all neat cattle or
horses, and threepence per head
for all sheep and swine, . . 139, 322

fees for crying, &c., 323

Replevin brought for creatures impounded,
to be prosecuted before a justice of
the peace, within fifteen days from
the service, or at the next court of
common pleas, according to the
amount of damages claimed, . . .322
bond to be given in, to prosecute, &c., and

pay all costs and damages, . . 322
Bescous and pound-breach, how pun-
ished, 323

parents and masters liable for apprentices

and minors committing, . . 323

Sale of creatures impounded may be
made, or they may be appraised and
kept by the party injured, if the
owner fails to replevy or otherwise
obtain their release within forty-
eight hours after notice, . . . 535
appraisers, how appointed, and appraise-

' ment, how made, .... 5.35
if sold, the surplus to be paid over to the

owner, 5-35

POWDER. (See Ammunition, Boston.)

to be carried by militiamen 129

Index.

863

POWDER-HOUSE. (See Boston, Resolves,

p. -94.)
PRACTICE. CSee Absent Defendant, Actions,
Appeals, Attorneys, Debtor, Error,
Pleadings, Review.)
courts to m:ike rules of, . . 75, 287, 374, 464
PRECEDENTS. (See Writs.)
PRECEPTS. (See Writs.)

form of precepts for election of representatives,

80, 202, 315
PRECINCTS AND DISTRICTS. (Sen
Cape Cod, Districts, Peculiars.)
Empo-wered tosue andbe sued, . . 182,183
Empowered to choose clerks of, and as-
sessors of taxes for tlie support of
ministers (see Resolves, p. 794), 506
Clerks of, authorized to administer oath to

assessors, &c., . lOG, 243, 201, 280, 304
To lay taxes for the support of ministers, . 506
Taxes of, how assessed and collected, . . 500
At Cape Cod, minister liow supported there,

(see Cape Cod,) . . . .742
Or peculiars :
fence-viewers to be chosen in, . . 138, 333
field-drivers or hay wards to be chosen in, . 138
cottage rights not allowed to cottages erect-
ed since 16C1, except, &c., . . 05
Trustees of. (See Taxes.)
PRECIOUS STONES. (See Plymouth Com-
pany.)
PREEMINENCES. (See Massachusetts Bay,

Plymouth Company.)
PRESCRIPTION. (See Actions, Limitation,
Titles.)
time of, limited to five years and three years,

respectively, in certain cases, 41, 300
except as against infants, married women,
insane persons, or persons impris-
oned, or in captivity or beyond

sea, 41, 300

other exceptions, 300, 301

PRIESTS. (See Roman Catholics.)
PRIMING- WIRE,

to be carried by militiamen, .... 129
PRIMOGENITURE. (See Eldest Son.)
PRISON-BREACH. (See Prisons.)
PRISONERS. (See Habeas Corpus, Indians,
Poor Prisoners, Service.)
For debt. (See Poor Prisoners.)

act for the ease of, 565

soldiers imprisoned for debt, when and
how to be released, 560; contin-
ued, 598

to be allowed a chamber and liberty of the

yard in the daytime, . . . 565
upon giving bond to the sheriff; condition

and form thereof, .... 565

bond, how approved, 665

other terms, 565

in case of escape, whole penalty of the bond

to be forfeited 565

escape of, through defect of the prison, the
county to be liable to creditor for

the debt, 420

through act or default of prison-keeper, to
render him liable for thedebt, &c.,

425, 426
On mesne process : to be held thirty days
after acyournment of the court, &c.,

373, 466

PRISONERS-con^inwed.

no mariner or seaman to be held on, after he

has sliipped, &c., .... 142
justice of the peace to order release of

mariners, &c., so held, . . . 142
For crimo, not to be removed from prison

except in cases specified, . . 98
penalty for illegally removing, . . .98
For theft, act to prevent charges arising upon

the county for, &c., . . 504

when held for restitution or damages, not to
be kept more than thirty days after
sentence, unless the party injured
will become bound to pay the pris-
on-keeper his charges, &c., . . 504
prisoner, how discharged, .... 604
prison-keeper not to be held for damages for
releasing; to plead general issue

in actions against 505

costs in such cases, how awarded to, . . 505
Of war, merchants' ships obliged to transport, 294
provisions respecting the landing of, . . 294
not to be landed without license from the

governor, 294

commanders of privateers bringing, to give

security for support of, &c , . . 294
coming from neighboring governments with-
out license to be sent back, . . 295
Indian prisoners, how disposed of, (see In-
dians.)
PRISONS. (See Counties, Gaols, Taxes.)

Act for regulating, &c., . .424

To be erected and maintained in the shire
towns in every county, and in
such other places as the courts of
sessions shall order, . . . 426
County rate to be assessed for repair of, 63, 64
Keepers of, how to return lists of prisoners

to the courts, &c., .... 424
penalty on, for voluntary escape of prisoner, 425

for negligent escape, 420

Breach of or escape from, to be evidence *
against prisoner breaking or

escaping, 425

penalty for aiding in attempt at, . . . 425
further penalty in case of escape, . . .425
fines and forfeitures arising, to be applied

to the repair, &c., of prisons, . . 420
by prisoners for debt, the county to be liable
for the debt, &c., if caused by de-
fect in the prison 420

Court of sessions to build and maintain

prisons, 426

PRIVATE ACTS.

titles of, 109, 203, 231, 262, 307, 362, 417, 454, 508,
541, 561, 579, 600, 686, 704, and see pp.
788-90.
PRIVATES. (See Militia, Service.)
PRIVATEERS. (See Piracy, Sea, Service.)
masters of, not to receive on board or enter-
tain minors without the consent of
their parents or masters, . . 192
to give security for support of prisoners of war

brought in by them, . . . 294
required to bring prizes into port for condem-
nation, 247

unless prevented by act of God, . . . 247
or bring in two, at least, of the company be-
longing to the ship or vessel taken, 247
to be prosecuted as robbers and felons upon

864

Index.

'PBlVAI'Eim.S— continued.

failure to bring in prizes for con-
demnation, 247

to be tried before commissioners, and by a
jury of the county, limited in the
commission, .... 245, 246

penalties inflicted upon to be the same as for

like offences upon the land, . . 240
PKIVILEGES. CSee Habeas Corpus, Massa-
chusetts Bay, Plymouth Company}

Act setting forth general privileges, . 40

liberties and immunities of free and natural-
born subjects granted to all sub-
jects inhabiting, going to or return-
ing from the province, . . .14

no freeman to be seized and imprisoned or
• deprived of his freehold rights or
liberties, or be outlawed, exiled,
executed, tried or condemned but
by the judgment of his peers or the
law of the province, . . .40

justice not be sold, denied or deferred, . . 40

no man to be twice sentenced for the same

crime, offence or trespass, . . 40

no aid, tax, tallage, assessment, custom, loan,
benevolence or imposition to be
laid, &c., but by the act and con-
sent of the governor, council and
representatives in general court
assembled, 40

no man to be put out of bis lands and tene-
ments, taken, imprisoned, disher-
ited, banished or destroyed, with-
out being brought to answer by due
process of law, 40

all trials, whether by indictment, information,
or otherwise, except where the law
of the province shall otherwise
provide, to be by the verdict of
twelve men, peers or equals, and
' of the neighborhood and in tlic
♦ county or shire where the fact

arose, 40

in all capital cases the offender to be first in-
dicted by the grand jury and then
tried by a jury of twelve men of
the neighborhood; and to be al-
lowed his reasonable challenges, . 40

bail to be allowed in all cases, except for felony
plainly and especially expressed in
the warrant of commitment, and
to persons committed on execution
for debt, or upon legal sentence of
any court of record, . . . .40

all lands and heritages to be free from year,
day and waste, escheats and forfeit-
ures, upon the death of parents or
ancestors, natural, casual or judi-
cial, except for high treason, . . 41 .
PRIVY COUNCIL. (For decisions of the
Privy Council, on acts, <^c., see the
notes at the end of each year, and at
the end of acts disallowed.)

Appeals to the king in, allowed in all per-
sonal actions .where the matter in
difference exceeds, in value, three
hundred pounds sterling,

15, 70, 145, 285, .373, 4C0
to be made within fourteen days after sen-
tence or judgment given, . . 15

PRIVY COTJl^dTL.— continued.

appellant to give security, in the value of the
matter in difference, to pay or
answer the debt or damages and

costs, 15

execution not to be stayed or suspended, if
the party taking out the same give
security, &c., to make restitution,
in case the judgment is reversed
upon the appeal, . , . .15
Acts, to be presented to the king in, for ap-
proval or disallowance, . . .17
if not disallowed within three years after
presentation, and so signified un-
der the royal sign-manual and sig-
net, or by or in the privy council,
to the governor for the time being,
to remain in full force until their
expiration or repeal, , . .17
if disallowed within that time, &c., to be

void, . . . . •» . . .17
disallowed by, 27, 34, 37, 38, 40, 41, 48, 55, 68, 70,
72, 79, 90, 95, 99, 114, 115, 121, 143, 144,
152,154,170,184,217,222,235,248,316,
325, 352, 372, 376
PROBATE OP "WILLS, &c. (See Adminis-
trators, Distribution, Estates of
Persons Deceased, Executors, Gov-
ernor.)
Governor and council to have jurisdiction

of, 15

and all appeals from the judges of probate,

&c., to lie to, . . . 45, 252, 431
Judges of, to grant administrations on the
estates of i>ers«ns dying intestate,

44,45
to grant administrations with the wUl an-
nexed, 45

to issue citations to the widow or next of

kin, 45

to take bonds of executors, . . . SSd'
and grant them time to return their in-
ventories, 636

to take bond from administrators, in the
manner directed by the act of par-
liament, 22 and 23 Car. II., chap.

10, 44

to call administrators to account, . . 44

and executors, 536

to order distribution of estate remaining,

after payment of debts and charges, 44
to be deemed assignees of probate bonds
formerly given to the county treas-
urers, 45

to sue such bonds, if need be, . . .45
and call administrators, in such cases,

to account, 45

on appeals from, to the governor and coun-
cil, to require security from the ap-
pellant to prosecute the appeal
with effect, . . .45, 252, 431
in insolvent estates, to appoint commission-
ers to receive proof of claims, 48, 251
to appoint, and administer oaths to ap-
praisers, 251

to allow time for proof of claims, . . 48
to order allowance for scE-vices, &c., to

• commissioners, 48

to order payment of the sickness- and

necessary funeral expenses, . . 48

Index.

865

PKOBATE OF WILLS, &c.— continued.

to order distribution of estate remaining
after payment of privileged ex-
penses, 48, 251

to administer oatli to persons suspected of

concealing, embezzling, &c., money

or goods of deceased person, for

discovery of the same, . 49, 252, 431

how to cite such persons, . . . 252, 431

guardians chosen by minors, of fourJ;cen

years of age, to be allowed by, . 101
of minors under that age, to be appointed

by, 101

Kegisters of, to record wills, . . . .45
Seal of, judge or register not to be held ac-
countable for using, upon a forged

will, &c., 54

Fees of judges and registers, . . . .85
PROCESS. (See Law, Writs.)
PROFANITY. (See Indecent Publications. J
profane cursers and swearers, how punished,

51, 122, 123
to be prosecuted within thirty days after the

offence committed, . . ... 51
acts against, &c., to be annually read in

town meeting, 079

PROFITS. (See Plymouth Company. J
PROPRIETORS. CSee Common Fields.;
PROROGATION.

of the general court, to be by the governor, in

his discretion, 12

PROTECTION.

when not allowed, 33, 54, 76, 88, 92, 116, 192, 276,
287, 351, 374, 377, 394, 481
PROTESTANTS. (See French.)

refugees, act for the prevention of danger by,

&c., 90

PROVINCE. CSee Charter, General Court,
Governor, Laws, Maine, Massa-
chusetts Bay, Poor, Privy Council,
Service, Taxes.)
PROVINCES, NEIGHBORINO. (See Bills
of Public Credit, Enemies, Militia,
Prisoners.)
PROVISIONS. (See Casks, Fish, Gangers and
Packers, Grain, Meat, Umohole-
some Provisions.)
Exportation of, forbidden, (see Grain,)

226, 236, 249, 277, 724
to New Hampshire and Newfoundland, upon

license of the governor excepted, . 277
to New Hampshire and Nova Scotia, allowed

upon license, 724

109

THOVISIONS— continued.

Imported, what free from impost,

31, 121, 269, 343, 478, 492, 501, 526
not to be sold at wholesale, until after three

days' notice by the public crier, &c., 227
and, in the mean time, to be retailed at

wholesale prices, .... 227
Vessels importing, to be free from tonnage

duties, 227

beef, pork, mackerel, fish, &c., to be packed

in casks of regular assize, . . 49
how to be culled, packed, marked and

sealed 49, 50

In tight casks, penalty for selling or ship-
ping without the packer's mark, . 50
penalty for shifting fish or flesh after it has

been packed and sealed, . . .50
to be culled and repacked, after lying
more than three months, between
May and October, . . . .50
penalty for neglect or refusal to have such
provision searched and culled sec-
ond time, 50

refuse, how culled and marked, . . .50
penalty on master of vessel, or mariners, for
taking on board provision not
marked and sealed, . . . .50
PROVOST-MARSHALS. (See Marshals,
Sheriffs.)
to be appointed by the governor, . . .12
to execute sentence of death by court-martial,
only upon a warrant signed by the
president of the court, . . 402, 555
PUBLIC HOUSES. (See Innholders, ^c, Li-
censes.)
PUBLIC NOTARIES. (See Notaries.)
PUBLICATION OF ACTS, (See Acts,

Courts- Martial.)
PUNCHEONS. (See Casks.)

to contain eighty-four gallons, . . . .49
PUNISHMENTS. (See Banishment, Brand-
ing, Cage, Capital Offences, Ears,
Food, Gallows, Pillory, Servitude,
Stocks, Tongue, Whipping; and
for bilboes, boring the tongue, cash-
iering, fetters, running the gaunt-
let, putting in irons, laying neck-
and-heels, riding the wooden horse,
see Militia, Service.)
PURGATION. (See Indians.)

allowed to person charged by any Indian with
delivery, &c., of liquors to Indians;
form of oath, . . . . .151

866

Index.

QTJAKEHS.

how obliged to contribute to the support of

Orthodox ministers, , . . 505
QUABANTINEJ. CSee Contagious Diseases.)
QUARTERING. CSee Militia, Service.)

and billeting of soldiers and seamen in pri-
vate houses, without consent of the
householder forbidden, , , . 133
QUIETUS.

by judges of probate, fee for, to be four shil-
lings 85

how granted to sheriffs upon their accounts,
by justices of sessions, assize and
general gaol delivery, and of oyer
and terminer, 128

QXSTEl'S'UB— continued.

actions against sheriffs for balance, &c., not to
be brought after two years from
the date of granting, . . .128
QUI TAM.

actions authorized. (See Actions.)
QUOITS. (See Gaming.)

QUORUM. (See Justices of the Peace, Sessions.)
of the council, to be seven members thereof, . 11
of the house of representatives, to be forty

members, 80

of the justices of the superior court of judica-
ture, to be three, . . 73, 285, 370
of the justices of the inferior court of common

pleas, to be three, . . 73, 284, 309

BAILERS, COMMON". (See Idle and Dis-
orderly Persons.)
RAPE.

how punished, 56, 296

RATES. (See Taxes.)
RAVISHMENT. (See Rape.)
REAIi ACTIONS.

courts to have jurisdiction of, . . 15, 285, 371
REAL ESTATE. (See Children, Conveyance,
Daughters, Descent, Devises, Dis-
tribution, Eldest Son, Estates of
Persons Deceased, Execution,
Lands, Privileges, Taxes, Wills.)
REBELLION.

martial law to be enforced in time of, . . 18
REBELS. (See Enemies, Indians, Service.)
^RECEIVERS. (See Commissioners, Receivers
of Excise, Impost, (fc.)
Of bills of public credit. (See Bills of

Public Credit.)
Of taxes. (See Taxes, Town Treasurer,

Treasurer.)
Of stolen goods, to make restitution there-
of, (see Indians, Negroes,) . 150, 325
and to forfeit the value thereof besides, or
double the value when the same
have been disposed of, . . 156, 325
if the goods are not restored, the receiver to

be corporally punished, . . . 325
RECOGNIZANCES. (See Appeals, Bail, Er-
ror, the several Courts, Impost, Inn-
holders, Justices of the Peace, Li-
cense, Limitation of Actions.)
forfeited, estreats of, when to be delivered to

the sheriff, 127

RECORD. (See Births, Clerks, Deaths, Error,
Justices of the Peace, Marriage,
Mortgages, Registers of Deeds, Reg'
isters of Probate, Town Clerics.)
courts of (See Courts.)

REDEMPTION. (See Equity, Execution,

Mortgages.)
REEXPORTATION. (See drawback, under

Impost.)
REGIMENTS. (See Militia, Service.)
REGISTERS OP DEEDS. (See Mortgages.)
clerk of inferior court of common pleas, in each

county to be, 299

to be sworn before one or more justices of

the court, &c., 299

to enter and record, at length, all deeds, con-
veyances and mortgages of any
lands, tenements, rents or other
hereditaments, in the county,
duly executed and acknowledged,
which shall be brought to him for
record, . . . • . .299
to note thereupon the day, month and year

when he received the same, . . 299
the record to bear the same date, . . 299

fees of, 299

REGISTERS OP PROBATE, &c. (See
Probate, Wills.)

fees of, 85

REGISTRY. (See Births, Deaths, Marriage,
Militia, Negroes, Taxes, Town
Clerks.)
REGRATING.

in Boston, how punished, 239

RELIGION. (See Churches, Government, In-
dians, Ministers.)
act for maintaining and propagating, . . 597
REMOVAL. (See Frontiers.)

of the governor, who to succeed upon, . . 19
of councillors, to be by the general court, . 12
vacancies caused by, to be filled by the gen-
eral court, 12

RENT. (See Landlord and Tenant, Massachu-
setts Bay, Plymouth Company,
Taxes.)

Index.

867

KEPLEVIN. (See Pounds, Writs.)

returnable before a justice of the peace, to be

issued by the town clerk, . "5, 283
BEPRESENTATIVBS (in the General
Assembly.) CSee General Court.)

act for ascertaining the number of, and reg-
ulating, 88

act to prevent default in appearance of, . 146

act in addition to the act for setting forth

general privileges, .... 170

to be freeholders in the province, . 11, 89, 147

to be elected by the freeholders, and other

inhabitants of towns and places, . 11
by the vote of a majority of the voters

present at the elections, . . 11,80

qualification of electors of, 11, 80, 147, 148, 202,
249, 282, 295, 315; and see note to 1098,
chap. 4, on p. 363.

oaths to be taken by, 12

two only t-o bt^elected from each town, &c.,

by the charter, 11

general court to determine the number
each county, town and place shall
send, 11

towns containing forty qualified electors, re-
quired to choose one representa-
tive each, 88

towns containing one hundred and twenty
electors, empowered to send two
representatives 88

towns containing thirty electors, and less
than forty, to send a representa-
tive or not, as they may elect, . 88

towns containing less than thirty electors,
authorized to send one representa-
tive or not, as they may elect ; or
to join with the next town in send-
ing one, they paying a proportion-
able part of the charge, . . .88

no town to send more than two representa-
tatives, except Boston, which is
authorized to send four, . . .88
"Writs for electing, to be issued by the gov-
ernor, under the seal of the prov-
ince, tliirty days, at least, before
the session 89

form of, 80, 202, 315

(See note to 1698, chap. 4, on p. 363.^

to be directed to the sheriffs of the several

counties, 89

and where there is no sheriff, to the

marshal, 89

sheriff served with, to issue precepts to se-
lectmen, 89

and to serve the same within seven days
after the receipt of writ, and
cause the same to be returned to

him 147

form of precept, . . . .80, 202, 315

to be returned by sheriff, &c., to the secreta-
ry's office, one day, at least, before
the session, . . . .89, 147
Meetings for choosing, to be called by the

selectmen, 147

majority of selectmen to preside at, . . 89
and to make return of the names of rep-
resentatives chosen, together with
the precept to the sheriff, &c., 89, 147

penalty on persons voting at, who are not

qualified, 147

KEPRESENTATIVES— continued.

Pay of: to be paid by their respective towns,
within three months after the close
of each session, except, (fc, . . 89
amount thereof, (see Votes and Orders,

p. 794,) 89, 740

House of:

quorum of, for business, to consist of forty

members, 89

powers of; to be sole judge of the election
and qualification of its members,

89, 147
to regulate and expel members, . . .89
to adjourn from day to day, . . . .23
and for two days, but not longer, with-
out leave of the governor, . . 23
privileges of: no member, or his servant,
during the sessions of the assem-
bly, to be arrested, sued, impris-
oned, or any ways molested or
troubled, or compelled to make
answer to any suit, &c., except in
cases of high treason or felony,
{and see note on p. ^,) . . .89
every member exempt from military duties, 130
and to have one son or servant exempt, 545
exempt from watchings, . . , .382
exempt from serving as constables, . . 65
money bills : the passing of, not to be asked
of the house, without advising
them particularly what use the
money is to be raised for, (see
Treasury.) .... . 170
speaker of, his election to be approved or
disapproved by the governor, in a
written message, . . . .22
penalty on members for non-attendance the

first day of the session, . . 89, 147
to be paid to the clerk of the house, . . 89
clerk to issue warrant of distress for, . 89

to whom directed, 89

member not to be absent without leave of

the house, 89

penalty 89

town, in such case, to be discharged

fi-om liability for his wages, . . 89
BESCOUS. (See Pounds.)

how punished, 323

RETAILERS OP WINES AND
LIQUORS. (See Excise, Inn-
holders, License.)
to pay excise, 32, 5S, 101, 119, 163, 207, 23!>, 272,
344, 391, 433, 470, 491. 502, 513, 528, 552,
663, 7ra, 738
CFor entry of liquors, rates of excise and pro-
ceedings for the collection thereof,
see Excise.)
Iiicenses to be granted to, by courts of ses-
sions, .... 37, 56, 475, 527
not to be given to more persons than the
court of sessions shall judge neces-
sary, &c., 330

nor, except in maritime towns, to more than
one retailer, &c., unless the select-
men judge more to be needful, . 664
nor without a previous certificate of ap-
proval from the selectmen,

37, 56, 664, 680, 717, 739
none to sell without license a less quantity
than a quarter cask, and that de-

868

Index.

RETAILORS OF WINES AND
LIQUORS — continued.
livered and carried away at one

time, 50

penalties, ... 50, 435, 477, 528, 604, 081
on second conviction to recognize for good

behavior, .50, 477

if unable to pay or recognize, how punished,

224, 477
one justice of the peace to liear and deter-
mine offence, . . .57, 4.35
( For further provisions respecting the granting
of licenses, the inspection of the
houses, (^c, of licensed persons, and
the penalties incurred for breaches
of the laws regulating licenses, cfc,
see Innholders, Licerses.)
REVIEW. (See Writs.)

Act for review in civil cases, . . . 4C6
Writ of, in the inferior courts of common
pleas to be brought once only, and
within what time, . 73, 284, 372, 4C6
and the same in the superior court of judi-
cature, . . 73, 184, 285, 372, 406
(See Resolves, p. 795.)
to be brought within eighteen months, . 184, 284
to be brought within three years, . . 373, 406
infants and persons under disabilities to
have three years after coming of
ago, or disability removed, . . 407
execution not to be stayed by reason of, . 467
new evidence and pleadings allowed in, . 406
costs not allowed for first trial when the
judgment is reversed on new evi-
dence or pleadings, .... 285
party bringing, how to proceed, . . . 468
appeal from judgment on, in the common

pleas 373

Three judgments for either plaintiff or de-
fendant to be a final determination

of the case, 372

Of actions in the colonial county courts,
allowed in all cases tried since 1086,
in which no review or appeal has
been prosecuted, . . . .143
action to be brought in the courts of com-
mon pleas, 145

within twelve months after December 11,

1693, 143

appeal allowed from the judgment in review,

to the superior court, . . .143
to be tried according to the laws in force in

the colonies, 143

REVOCATION. (See Devise, WiU.J
REW^ARDS.

for the apprehension or detection of crimiuaLs.

&c., .... 424, 557, 573, 723
RIBBONS.

impost on, 501

RIGHTS. (See Privileges.)
RING. (See Swine.)

RIVERS. (See Fences, Fish, Massachusetts Bay,
Mills, Nuisances, Plymouth Com-
pamy. Sewers.)
ROBBERY. (See Sea.)

Act for suppressing robberies and as-

saiilts, 67.3

how punished, 52

On the highway, &c., penalty upon first

conviction, 674

second conviction made felony, . . .674
at fires, in Boston, how punished, . . .678
ROMAN CATHOLICS. »

liberty of conscience denied to, . . . .14
Jesuits and Ilomish clergy to leave the

province, 423

forbidden to come to or reside in the

province, 423

violating the law, to be punished by perpetual

imprisonment, 423

escaping from prison, to be punished by death, 423
penalty for harboring or concealing, . . 423

how to be tried, 424

who may arrest, 424

reward to the person apprehending, . . 424
clergymen who have be?n shipwrecked, &c.,
how exempted from the penalties

of the law, 424

ROPEMAKERS. (See Hemp.)
ROSIN. (See Tar.)

exportation of, forbidden, 181

ROUT. (See Disturbance, Forcible Entry and

Detainer, Justices of the Peace.)
ROYAL PISH. (See Fish.)

whales, sturgeon, &c., granted in the colony

charter, 5

grant of confirmed in the province charter, . 19
ROYALTIES. (See Massachusetts Bay, Plym-
outh Company.)
RUM. (See Excise, Impost.)

excise on, 32, 57, 103, 272, 344, 391, 392, 433, 434, 470,
528, 602, 710, 738
impost on, . 31,200,209,343,478,492,501,520
RUNAWAYS. (See Hue and Cry, Idle and

Disorderly Persons.)
RYE. (See Grain, Malt.)

SABBATH. (See Lord's Day.)
SADDLES.

troopers to be provided with, . . . ,129
SALEM. (See abatement, under Taxes.)

naval office at, for the port of Salem and Mar-

blehe.ad, 35, 336

SALES. (See Contract, Conveyance, Pro-
visions.)
SALISBURY, (See abatement, under Taxes.)
SALT. (See Measurers of Salt.)

to be imported free, . 31,209,34.3,478,492,526

SALT — continued.

Elisha Cooke, Elisha Hutchinson, John Foster
and their associates to have the
monopoly of making, for fourteen
years, 231

to make one hundred hogsheads before the

year 1700, ^ . . . .231

ten shillings per hogshead to be paid for all
salt made in the province or m-ide
in 'other provinces of New England
and imported here, .... 231

Index.

869

SALT— conKnwed.

to be divided between the company and
the poor of the town where the

same is seized, '2Zl

SATURDAY. (See Lord's Day.)
SAW-MILLS. (See Mills.)

how assessed for taxes. (See Taxes.)
SCALPS. (See Indians.)
SCHOOLS AJNTD SCHOOL-MASTERS.
Grammar-scliools to be maintained in all
towns of one hundred families or
householders, (See Trustees.) • 63
penalties accruing to free grammar- or

writing schools, . . 435, 477, 529
Sdiool-master to teach reading and writing
to be maintained in every town of
fifty or more householders, . . C3
professed, exempt from militia trainings, . 130
of grammar-school, exempt from taxes
and watchings. (See Taxes, WatcJi,^-c.)
fines to be paid towards the support of, . 516
to be a discreet person, of good conversa-
tion, well instructed in the tongues, 63
to be approved by the minister of the town
and the ministers of the two next
adjacent towns, or any two of
them, by certificate under their

hands 470, 681

none to teach but by approbation of the

selectmen, 681

penalty, 082

no minister to be a school-master, . . . 470
none to set up a school but such as are of

sober and good conversation, . CSl
to be supported by the inhabitants, . . 03
selectmen to procure, and make provision for, 03
taxes for, how assessed and collected, (see

Taxes,) 63

penalty for town's neglect, . . .03, 470
how appropriated, . . . .63, 470
justices of the peace and grand jurors to see

the law enforced, .... 470
Sclioolhouses may be set up in the highway,
&c. (See Resolves, p. 793.)
SCIRE FACIAS. (See Appeal, Debtors, Exe-
cution, Executors, Writs.)
against the colonial corporation, . . . 7, 8
judgments of the county courts, or courts of
commissioners, of the colonies to

be affirmed on CO, 61

requlKd, after the expiration of one year, be-
fore issue of alias execution on
the judgments of courts of record, 61

service of, 61

proceedings in, upon recognizance to prosecute

appeal, 416

proceedings in, against attorney or trustee of

absent or absconding debtor, . . 630
SEA. (See Piracy, Privateers, Seas.)

treasons, felonies, robberies, murders and con-
federacies uiion, how to be heard

and tried, 245, 240

jury to try such cases, 240

persons suspected of offences upon, how ar-
rested and held, .... 243
officers arresting to be assisted, . . . 247

penalty for neglect, 247.

SEAL. (See Com^eyance of Real Estate, Probate
of Wills, Signet, Writs.)
Great seal of England, l, 3

SEAL — continued.

to be used on commissions of admiralty, &C., 19

commissioners of, 20

Of the Plymouth Company, ... 2
Of the province, laws to be published under, 16
and to bo sent to England under, . . .17
writs for calling the general assembly to be

under, 89

Gaugers and packers to set, upon casks, . 50
SEALERS AND SEARCHERS. (See

Bricks, Leather, Measures.)
SEAMEH". (See Pensions, Service, Vessels.)
billeting and quartering of, in private houses
forbidden without consent of the

householder, 133

not to be arrested for debt contracted while
attached to any ship, without the
consent of the master, &c., . . 142
how released from arrest, .... 142
already shipped, penalty for shipping in

another vessel, .... 142
penalty on master knowingly sliipping such

seamen, 142

deserting their ships, how arrested and held,

142, 143
not to be allowed appeal from justice of the

peace in criminal cases, . . . 217
SEAPORTS. (See Naval Office)

to be provided with heavy standard weights, . 70
name.3 of seaports established, . . . .330
naval office established at each, . . . 336

all ships, &c., to lade and unlade at, . . 34,336
SEARCH, SEARCHERS AND SEARCH-
"WARRANTS. (See Excise, Im-
post, Malt, Leather, Licenses, Tar.)
SEAS. (See Plymouth Company.)
SECRETARY" OP THE PROVIITCE

10, 13

. 14

85, 698

. 130

89
698

to be appointed by the crown, .
oaths to be taken by, ....

fees of,

exempted from military duties, .

writs for calling the general assembly to

from the office of,
to enter Indian slaves imported,
SEDITION". (See Mutiny, Service.)
SEIZURES. (See Excise, Impost, Licenses,

Nuisances, Search, Sewers.)
SELECTMEN OR TOWNSMEN. (See
Poor, Schools, Taxes, Towns.)
Powers and duties of selectmen re-
specting taxes, (see Taxes,)
Powers and duties of, respecting
schools. ( See Schools and School-
masters.)
Three, five, seven or nine persons to be
chosen as, for each town, at the
town meeting in March annually,
penalty on towns for not choosing,
to be able, discreet and of good conversation,
to be inhabitants of the town,
to issue notice of town meetings, 65, 89, 147, 407

by whom served, C5

to perambulate town boundary lines, &c., . 64
to be overseers of the poor, where others are
not particularly chosen to that of-
fice, . -. 05

to set idle and disorderly persons to work,

07, 538, 654
to bind out poor children, &c , as appren-
tices 67,538

218
65
05

870

Index.

SELECTMEN OK TOWNSMEN"— con-
tiiiued.
to make return to sheriffs, &c., of repre-
sentatives elected, . . . .89
and notify the representatives of their

election, 117

to license Frenchmen to open shop and work

at trades, &c., 90

to provide the town stock of arms and am-
munition, 131

and lay assessment therefor, . . . 132

penalty for failure, 132

to be distrained for town's deficiency, 131, 132
to relieve insane persons and idiots, . . 157

to lay out private ways, 137

to authorize the digging up of highways and
streets for the laying and repairing

of sewers, Gii

and direct the manner of laying thereof, . 643
and decide questions concerning contribu-
tions to the exjiense of, . . . 643
appeals from their decision allowed to the

courts of sessions, .... 643
to provide and approve of school-masters, 63, 681
to appoint receivers of taxes, (see Tcywn

Treasurer,} • .... 66
to appoint gangers, viewers and surveyors
of casks for tar in towns where tar

is made, 573

to appoint measurers of cordwood, . , 577

and fix their fees, 653

to appoint informers of breaches of the li-
cense laws, 681

to appoint viewers and sealers of bricks, . 683
to provide for the election of tithingmen,

and provide staves for them, 155, 329
to locate slaughter-houses, &c., in market

towns, Csee Nuisances,} 59, 256, 657
to give receipts for wolves destroyed, . . 196
to order the impressment of workmen and

teams for fence-viewers, . . 334
to provide, &c., in cases of contagious sick-
ness, 469

when to be assessors of taxes, (see Taxes,)

29, 92, 106, 214, 228, 243, 261, 280, 304,
340, 361, 389, 407, 416
to summon assessors to take their oaths, . 407
to call town meetings to fill vacancies in the

board of assessors, .... 407
to assess taxes for materials and labor fur-
nished for workhouses, . . , 380
when to assess taxes of districts and pre-
cincts set off from their towns, . 506

form of warrant for, 506

in towns where bread is baked, to ascertain

and record the price of wheat, and

post the same monthly, . . . 253

to administer oaths to town officers in towns

where no justice of the peace

dwells, 443,444

and to record the oaths, .... 444
to frame by-laws, upon written instructions

from the town, 66

to hear and determine breaches of the town

by-laws, 218

and issue warrants of distress therefor, , 218
to approve of persons to be licensed as inn-
keepers and retailers, and grant
certificates of approval,

37, 56, 664, 680, 717, 739

SEI.ECTMEN OR TOWNSMEN— con-

tinued.
to receive lists of licensed persons from the

clerks of the sessions, . . . 680
to inspect and inform against retailers with-
out license, 665

to enter, inspect and inform against licensed

houses, 665

Of frontier towns, to notify the clerk of the
superior court of judicature of cer-
tain persons removing therefrom,

194, 402
and to notify justices of the peace of others

removing, 195, 403

And constables, to choose sealers of weights

and measures, 70

penalty for neglect, 70

And justices of the peace, to appoint watch-
men, 381

to set idle poor to work, 638

in Boston, to lay out streets, &c., (see Bos-
ton, Party Walls,} . . . .42
to appoint places for holding markets and

fairs, 237,238

to appoint firewards, 677

to appoint watches in towns, .... 381
to attend with the watch, go the rounds,

and inspect, 699

SELLERS OF WINES AND LIQUORS.
(See Excise, Innholders, Licenses.}
SENTENCE. (See Justices of the Peace, Ses-
sions, Superior Court of Judica-
ture.}
not to be twice pronounced for the same of-
fence, 40

SERGEANTS. (See Military Officers, Militia,

Service.}
SERVANTS. (See Apprentices, Masters and
Heads of Faimlies, Slaves, Taxes.}
Negro, mulatto and Indian, to be as-
sessed a poll tax, 167, 179, 187, 199, 615
to be assessed as the personal estate of their

masters, 214, 240, 258, 278, 302, .337, 359,

386, 413, 483, 495, 521, 551, 569, 592, 610,

615, 627, 661, 694, 714, 747

unless disabled by infirmity, &c., . 214, 615

how punished for disposing of goods, &c.,

belonging to their masters, 156, 324, 325
taking from their masters, &c., not punish-

able as larceny, .... 325

not to be abroad after nine o''clock in the

evening, 535

how punished in such case, .... 536
to be apprehended by any justice, con-
stable, &c., or householder, and
held or confined until the next

morning, 536

WMte servants, act to encourage the im-
portation of, 6.34

forty shillings per head bounty paid to the
importer of male servants between
the ages of eight and twenty-five

years, 634

commissioner of impost to pay tlie bounty, . 634

SERVICE. (See Courts- Martial, Desertion,

Enemies, Excise, Indians, Military

Officers, Militia, Negroes, Pensions,

Privateers, Tax.)

Of writs and processes, how made, (see.

Writs,) . 61, 75, 102, 183, 2S3, 448, 451

Index.

871

SEBYICH— continued.

Military Service.
Act for levying soldiers, 133, continued,
311; new act, 398; continued, 474,
491, (new act, 499,) 500, 520, (ad-
ditional, 546,) 552, (and additions,)
506, 5S5, 657, 674, (and additions.)
For acts relating to the transportation
of the militia, for the relief of
neighboring provinces, &c., (see
Militia.)
Act for prosecuting the Indian enemy,
&c., 175, 220; continued, 224, 336;
new acts, 292, 530; continued, 558;
new act, 594; continued, with ad-
ditions, 600; continued, 612; con-
tinued, 621, 640, 658, 675; continued,
with additions, 696.
Act relating to the forces that axe or shall
be employed in her majesty's
service, 531; continued, 53S.
Act directing the method of payment

of soldiers, 571

Act for the relief of prisoners of war, • 294
Act against soldiers and seamen being
arrested for debt, 560 ; continued,
598, 612, 640, 658, 675, 690.
Act for subsisting of eighty soldiers at
her majesty's castle WUliam,
631; continued, 085.

Act against deserters, 400

Act for punishing of officers or soldiers
whcv shall mutiny or desert his
majesty's service, 401; contin-
ued, 491, 519; continued, with addi-
tions, 539; new act, 553; continued,
566, 586, 612 ; continued, with addi-
tions, 640; continued, 058, 675, 096.
Impressment : soldiers to be detached or
impressed from the militia by vir-
tue of a warrant from the captain
or cliief officer of the company or
troop to which they belong, . 133, 398
upon warrants received from tlie chief officer

of the regiment, . . . 134,398
chief officers of regiments to issue tlicir war-
rants for detaching or impressing
soldiers, armed and equipped, im-
mediately upon receiving orders for
so doing from the captain-general
or commander-in-chief, . . 134, 398
penalty on officers and others for neglect,

134, 398
penalty on soldiers impressed or detached
for not attending after having been
touched or commanded in their
majesties' name, . . . 133, 399
soldier impressed removing from tlie
province to avoid service, liow ap-
prehended and punished upon his

return, 134, 399

commissioned officers of every company or

troop in the militia to prepare lists

of one-fourth part of the soldiers

under them fit for service, . . 499

to notify such soldiers to hold themselves in

readiness 499

penalty on soldiers, so enlisted, that shall

abscond, .... 499,500,540

Q'EiRYI.CE— continued.

in case that his fine is not paid, &c., such
soldier to be put out to service to
satisfy the fine and forfeiture, . 600
to be sent to the castle and set to labor un-
til his wages amount to the fine

and forfeiture, 540

to have only stated rations, . . 546

and upon refusal to labor to be charged

with subsistence, .... 546
penalty on all persons refusing to assist in
the execution of warrant of im-
pressment, .... 134, 399
jjcnalty on persons concealing or aiding in

the escape of impressed soldiers, 134, 399
persons impowered to impress may pursue
and capture soldiers impressed or

detached, 134,399

fines and forfeitures, how recovered and dis-
posed of, . . . . 134, 399, 500
Exemption : members of tlie general assem-
bly and judges of assize to have
one son or servant exempt from
impressment, .... 545, 546
penalty on persons authorized to impress
for taking a reward for sparing or
releasing any from impressment,

134, 399
penalty on officers illegally disposing of
fines, &c., received for, how recov-
ered and appropriated, . . 474, 475
chief military officer of each regiment may,
upon complaint made, require an
account of all fines taken, . .552
Substitutes, appearance of impressed soldier
af the rendezvous may be made by,

1.34, 399
or a fine may be paid for exemption, in
which case a new warrant shall
issue for another impressment, 1-34, 399
such fines how paid and employed, . 134, 399
penalty on officers for dismissing enlisted
soldiers, and accepting substitutes,

for gain, 135, 400

for dismissing or exchanging soldier with-
out express order from the cap-
tain-general, &c. ; or for taking a

fee therefor, 573

Pay of soldiers enlisted, to run from the date
of detachment or impressment un-
til their discharge, . . . 134, 400
(See Resolves, p. 791.)
soldiers abroad not to receive more than

one-half their wages, . . 631,572
Muster-rolls : colonel, or chief officer, of
every regiment, upon any draft of
men from liis regiment, to make a
roll of their names, . . . 531,571
to contain the date of the detachment of

the soldiers, .... 531, 571
and to designate such as are minors and

servants, 531, 571

to be delivered to the captain or command-
ing officer under whom they are to

serve, 531, 571

captain or commanding officer, on receiv-
ing his company, to make a fair
muster-roll of all his under-officers
and soldiers, with the day each en-
tered into pay, .... 531, 571

872

Index.

SimVICE— continued.

with the names of the fathers and mas-
ters of servants and minors re-
spectively, .... 531, 571
and to endorse thereon the sums appear-
ing In the debentures as the total
amount of wages, and the balance

due, 532

to deliver the same to the commissary,

to be entered in his books, . 531, 571
and to transmit a duplicate to the cap-
tain-general, &c., ... . 531,571
and, in like manner, to transmit a

muster-roll every three months, . 531
to deliver two muster-rolls every six
months to the commissary-general ;
one to be laid before the governor
and council and one to remain in

his office, 571

Allowance for travel, to be made to
the soldier dismissed, from the
place of discharge to his home, at
the rate of one day's pay for every

twenty miles 531, 571

Accounts of wage's to be made up, and
stated before the governor and
council at the end of every three

months 531

and sooner, when the company is dis-
banded, 531

to ba-made up, &c., twice a year; in April

and October, 572

to be signed by the captain and commis-
sary, 572

to be transmitted to the commissary-gen-
eral to be examined by him and laid
before the governor and council, 672
and if approved, to. be passed to the
province treasurer for-payment,

531, 572
Debentures to be issued on printed blanks

by captain or commanding officer
of every company, and signed by
himself and commissary, gratis, . 531

to be issued by the province treasurer,
upon a warrant from the governor
and council, 572

to be made payable to the fathers of
minors and the masters of servants,

532, 572

forms of, 532,572

penalty on officers committing frauds in

making out debentures, . . 532, 572
captains and commanding officers not to

purchase debentures ; penalty, 532, 573
^ to be received in payment of province

taxes, (see Resolves, p. 791,)

532,534,572,503,011
constables and collectors not to receive
bribes, &c., for hastening the pay-
ment of, 532, 573

Subsistence. (See Indians. j

no advance to be made of, . . .531, 572
Clotliing, &c., to be delivered by the commis-
sary only to captains, and not to

their men, 531, 571

and to be charged at the prime cost only, 531, 571
Bounties and plunder. ( See Indians. J
Furloughs, not more than two to be granted

at one time in any company, 572, 573

S^EHVICE— continued.

nor for a longer time than eight days, con-
secutively, 573

Discharge or exchange of soldiers not to be
granted by officers without ex-
press orders of the captain-gen-
eral, &c., 572

penalty for receiving any reward or promise

therefor, (see Resolves, p. 791,) . 572
captain-general, &c., requested to discharge

any soldier after one year's service, 572
to discharge soldier enlisting to evade
payment of his debts, on applica-
tion of creditor, ^ . . . . 561
Volunteers. (See Castle at Castle Island,

Indians. J
Discipline. (See Courts- Martial, Military
Officers.)
Desertion by officer or enlisted soldier a

capital offence, 134, 400, 401, 553, 554
deserter, how apprehended and tried,

134, 401, 553-5
Mutiny and sedition, joining in or in-
citing, how tried and punished,

401, 539, 553-5
mutinous language, how punished, . . 554
disobedience of or striking a superior of-
ficer, 554

Sentinels sleeping at their posts, or negli-
gent of duty, 554

leaving their places before being relieved, 554
failing to give alarm, &c., upon discovering

the enemy, 554

Minor offences; howpuntshed:
absence from or misbehavior at daily

prayers and sermon, . . . 553

profanity, 553

blasphemy, 553

drunkenness of officer on guard, . . . 553
drunkenness of a soldier, .... 553
breaking silence when the army is in

motion, 554

loss of arms, 554

stealing guns, 573

wasting, selling or embezzling ammuni-
tion, 554

Punishments; by whom inflicted, (see

Courts- Martial,) . . . -554
laying neck-and-heels, . . . 397, 554, 5C0
riding the wooden horse, . . . 397, 553

running the gauntlet, 553

laying in irons, 552

putting in the bilboes, .... 397, 553
boring the tongue with a hot iron, . .553

penal servitude, 500, 54G

loss of pay, . ... . • . 553, 554
death, .... 134, 400, 401, 553-5
Arms, dismissed soldiers retaining their guns
more than a month to be deemed
guilty of stealing, . . . 573

loss of, how borne, .... 135, 400

allowance for use of, (see Votes and

Orders, p. 794,) . . . 135,400
Journals to be kept by commanding officers
of marching or scouting parties, of
their dally proceedings; and to be
transmitted by them to the com-
missary-general to be laid before
the captain-general, . . . 573
penalty for failure, ...... 573

Index.

873

SETLVICE— continued.

Htmt-sergeants on arriving at frontier
towns to be provided with hounds

there, 599

bounty for hounds kept in readiness, &c., . 598

Naval Service.
Vessels employed in. (See Excise, Fire-
Ship, Galley, Impost, Sloop, Trans-
ports, andllEsohVES, pp. 791, 794.)
tax for hire of, 258, 277, 301, 358, 386, 413, 438, 483,

494, 521, 548
Mariners employed in, (Seepost, and Re-
solves, p. 791.)

Soldiers and Seamen.

Silleting and quartering of, in private
houses forbidden, except with the
consent of the householders, . . 133
Debts contracted by, for intoxicating liquors
while in the service not recover-
able, 500

all pledges for, to be returned without pay-
ment, 560

and both the pawner and the receiver, if
both are in the service, to be pun-
ished, 500

no action to be brought for, against soldier
or seaman in actual service if the
debt was contracted while he was

in the service, 560

the writ or process in such case to be

deemed void, 560

the debtor how discharged from imprison-
ment for, 500

privilege not allowed as against debts not

contracted while in the service, . 560
soldier or seaman in such case to be im-
mediately discharged upon appli-
cation of the creditor to the captain-
general, 561

SERVICES TO THE CROWN.

compounded for by a tribute of gold and silver
ore. (See Massachusetts Bay,
Plymouth Company.)
SERVITUDE. (See Houses of Correction, Idle
and Disorderly Persons, Indians,
Poor, Servants, Slaves, Work-
houses.)
Penal, offenders punished by, 52, 67, 196, 355, 378,
403, 500, 505, 530, 546, 556, 578, 594
Involuntary, poor prisoners when to be held

to, 332,333

idle poor persons, 380, 538

manumitted slaves, 619

soldiers and seamen enlisted. (See Service.)
SESSIONS OF THE PEACE, GEN-
ERAL. (See Appeals, Justices of
the Peace, Licenses, Taxes, Ways.)
Coiirts of, act for holding, . . . .37
Acts establishing, . . . .72, 283, 367
Act regulating proceedings in, . . 372
How constituted :
to be kept in each county, . 37, 72, 284, 3C7
by the justices of the county, or three of

them at the least, . . . ,37
by the justices of the county, . . .72
by the justices of the peace, or so many of
them as shall be limited in the
commission for the peace, . 284, 367
• 110

SESSIONS OP THE PEACE, GEN-
ERALi — continued.
the first justice of the quorum then present

to preside, 37

Times and places of holding, 37,' 72, 284, 367
special sessions, changes, &c , by act of the
legislature. (See Eesolves, p.
791.)

in Suffolk, 143

in Essex, . . . . . . 508, 632

in Middlesex, 282, 70O

in York, 545

Petit jurors to attend; how chosen, &c.

(See Jurors.)

all issues of fact to be found by the jury, 74, 286

Grand jurors to attend ; how chosen, &c.

( See grand jurors, under Jurors.)

all capital cases to be first indicted by grand

jury, 40

Criminal jurisdiction : (See Justices of the
Peace, Superior Court of Judica-
ture, Resolves, pp. 793, 795.)
to hear and determine all matters relating
to the conservation of the peace and
whatsoever is by them cognizable
according to law, .... 37
all matters relating to the conservation
of the peace, the punishment of of-
fenders, and whatsoever is by them
cognizable according to law,

72, 284, 367
and to give judgment and award execu-
tion therein, (see Resolves, p.

795,) 367

to have jurisdiction of bastardy cases, . 52
to punish unlicensed innhalders, &c., (see
Innholders, License, Retailers,)

57, 191, 477, 529

to commit idle and disorderly persons to

the house of correction, (seeHouses

of Correction, Idle and Disorderly

Persons,) .... 378, 539, 655

to punish sales of unmerchantable malt,

(see Malt,) 447

and masters of vessels for mixing malt, 447
to enforce the laws against the importation

of foreign paupers, &c., . . . 452
to hear and determine complaints of open

assaults upon women, &c., . ,674
to try and punish persons charged with
wearing the apparel of the other

sex, 210

to impose penalties on constables neglect-
ing to summon town officers elected, 65
neglecting to be sworn and to serve, . 67
to impose fines on towns neglecting to pro-
vide school-masters, . . 03, 470
on selectmen, assessors and town com-
missioners of taxes for neglect of

duty, 93

on surveyors of highways for neglect of

duty, 138

to put out absconding soldiers to service to

any English subjects, . . . 50O
Civil jurisdiction : to grant licenses to inn-
holders, retailers of liquors and
coffee-house keepers, 37,56, 475, 527, 739
(See Licenses.)
to hear and determine complaints by In-
dians, (see Indians,) . . .436

874

Index.

SESSIONS OF THE PEACE, QEW-
EBAXi — continued.
to license the obstruction of rivers, &c.,

for the catching of iish, . . . 645
to provide ministers for towns, and see that
no town is destitute of a minister,

62, 597
to release poor prisoners for debt, (see

Resolves, p. 793,) . . . .331
to approve of town by-laws, . . .66
to order the relief of poor persons, by their

relatives, 68

With eespect to taxes : (See Taxes.)
to determine the amount of the county
tax, and apportion the same to the

towns, 63, 64

for what purposes to assess the county

tax, 63

to abate taxes, 64, 06, 92, 168, 281, 305, 340, 302,
390, 408, 695, 715, 748
to require assessors to produce lists of as-
sessments, 408

to remit penalties on assessors refusing to

act, 407

when to appoint assessors, . . 166, 218, 407
when and how to provide for the assess-
ment of taxes for the support of

ministers, 505

to fix compensation of sheriffs for distrib-
uting treasurer's tax-warrants.
fSee Taxes.)
With eespect to ways : ('see Ways,) 136, 137
to hear appeals by proprietors aggrieved

at the laying out of highways, . 137
to assess damages for private ways, . , 137
to award damages for injuries and deaths

occasioned by defective ways, . 137
when to lay out private ways, . . . 721
by a committee appointed by the court, 722
damages for, to be awarded upon the
verdict of a jury, (see Eesolves,

p. 794,) 722

Appeals to. CSee Appeals, Justices of the
Peace, Taxes.)
from selectmen on questions of contribution

to expense of common sewers; .643
Appeals from. CSee Appeals, Superior Court
of Judicature and Eesolves, p.
793.)
in Hampshire and York, where to be heard, 533
Ministerial powers and duties :
to assort and count votes for county treas-
urer, 63

to receive county treasurer's accounts, . . 64
to direct, in writing, the disbursement of the

county tax, fsee Taxes, ) . . .64
to audit sheriffs' accounts and grant a quietus

est, 128

to appoint masters of houses of correction,
and to make rules for the govern-
ment thereof, .... 378, 379
to order the erection of prisons, . . . 426
to discharge certain prisoners from work-
houses and houses of correction,

67, 539, 655
to fix the amount of penalty in sheriffs'

bonds 381

to fix the amount of sheriff's salary, for

keeping the gaols, &c., . . .381
to appoint tryers of malt, . , , .447

SESSIONS OP THE PEACE, QEN-

'ERAJj— continued.
to appoint surveyors, gaugers and searchers

of tar in seaport towns, Csee Tar,) 574
when to cause distilleries and furnaces for
melting tallow to be taken down,
Csee Nuisances,) . . . .256
to abate other nuisances, . . 312, 045, 657
when to assess and order payment by towns,
of persons sick, &c., (see Conta-
gious Diseases,) .... 469
Justices of. CSee Fees, Justices of the Peace.)
to appoint clerks, (see Clerks of Courts,)

217, 374, 465
to frame rules of practice, . 75, 287, -374, 464
to allow amendments, &c., (see Pleadings,) 464

to fine delinquent jurors 193,335

SEWERS. CSee Flowing of Lands, Mills, Nui-
sances.)
Act for appointing commissioners of, . 506
Act for regulating of drains and com-
mon sewers, (riZ

Commissioners of, to be appointed by gov-
ernor and council, .... 500

to be sworn, 507

powers of, (see Eesolves, p. 795,) . 506, 507
appeals from, to the governor and council, . 507
to remove obstructions in rivers, brooks and

ponds, 506

to prevent the flowing of lands, &c., . . 500
to dam and drain swamps, &c., . . . 506
to assess and tax persons benefited by re-
clamation of swamps, &c., . . 507
Drains and sewers, no person to dig up,
&c., any street or highway in any
town for laying or repairing, with-
out the consent of the selectmen,

&c., 643

their consent how signified, .... 643
penalty for laying, &c., without consent, . 643

how recovered, 643

for draining cellars, to be buOt of brick or

stone, 643

under the direction of the selectmen, . 643

Common sewers may be laid by one or

more inhabitants, .... 643
persons entering, or benefited by, how to

contribute, 643

selectmen to decide the amount to be paid, 643
appeal from their decision allowed to the

court of sessions, . . . .643
contracts between parties concerning, not

affected by the act, .... 043
SHACKLES OR FETTERS.

prisoners in houses of correction punished by

wearing, 378

SHEEP. CSee Common Fields, Pounds.)

how assessed for taxes. CSee Taxes.)
SHEPHERDS.

sheep not to go at large in common fields from
the first of April to the fifteenth of
October without a shepherd, . . 139
SHERBORN. (See abatement, under Taxes.)
SHERIFFS. CSee Fees, Forcible Entry and
Detainer, Jury, Writs.)
To be appointed by the governor, &c., (to-
gether with provost marshals,) . 12
Form of oath of sheriffs and marshals, . 78
Exempt from military duties, . . .130
and from watches in towns, . . . .382

Index.

875

SB:EB1FFS— continued.

To distrain and commit, on warrant from
the province treasurer, constables
not accounting for arrears of co-
lonial taxes, 28

and assessors neglecting to perform their

duties, 408, 416

( For other powers and duties respecting the

collection of taxes, (fc, see Taxes. J

To serve precepts on selectmen for choice

of representatives, . . . .89
warrants of distress issued by the clerk of
the house of representatives against

absent members 89

warrants for taking down innhoklers' signs,

664, 680
To summon juries to lay out highways,
and make return to the court of

sessions, 137

and juries in cases of forcible entry and de-
tainer, 442

penalty for neglect, 443

Talesmen, when to be returned by, 368, 370, 372
To have custody of ^aols, prisons and

prisoners in their counties, , , 381
and hold the same by themselves or their

deputies, 381

to give security, at the discretion of the

courts of sessions, .... 381
salary to be allowed therefor, by the courts

of sessions, . ■ . . . . 381
not to exceed thirty pounds per annum in
Sufiblk, nor ten pounds in other

counties, 381

to be paid out of the county treasury, . 381
when not liable for escape of prisoners for

debt on the prison limits, . . 565
Act for passing accounts of, . . . 127
when to receive estreats of fines, &c., . . 127
accounts of fines, &c., how audited, . .128
quietus thereupon granted to bar all
^ claims, after two years, . . . 128

Duties of, in enforcing acts against drunken-
ness, profanity and immorality, . 679
sheriffs and their deputies to inform of
breaches of the license laws,

477, 529, 665
to attend justices in making restitution in

cases of forcible entry and detainer, 442
Coroners to serve writs upon, .... 429
to return talesmen when the sheriff is a

party, or interested, . 308, 370, 372, 429
Marshal to act where there is no sheriff, . 89
Penalty for refusing aid to sheriffs in the

execution of their office, . . 354
Falsely pretending to be a sheriff, pen-
alty for, 354

SHERRY "WINE.

excise on, 32, 57, 103, 272, 344, 391, 392, 433, 434, 476,
528, 602, 716, 738
impost on, . . 31, 269, 343, 478, 492, 501, 520
SHnSTGLES. (See Fees, Lumber.)

not to be used on buildings in Boston, except,

&c., 42

to be made of good, sound timber, . . .212
assize of, regulated: to average fifteen or
eighteen inches in length, and not
less than three and one-half inches
in width, and one-half an inch in
thickness, 212

SHINQl^S— continued.

all exposed to sale under the regular size,

to be forfeited, 212

of different lengths, to be made up in separate

bundles, 212

viewers of, how appointed and sworn; their

duty, 212

charges of viewing, how paid, . . . 212
surveyors of to be chosen in maritime towns

at the town meeting, and sworn, . 655
exposed to sale in bundles, falling short of the
number they are marked for, to be
forfeited to the use of the poor,
unless it appears that the deficiency
occurred after packing, . . .656
to average four and one-half inches in breadth
and fifteen or eighteen inches in
length, according to which length
they are sold for, . . . .656
not to be less than three inches wide and

one-third of an inch thick, . . 666
undersized to be culled out and burned, until
what is left shall average the regu-
lar size, 656

fees of surveyor of, and how paid, . . . 055
SHIPMASTERS. (See Vessels.)
SHIPPERS. (See Morses, drawback, under Im-
post.)

to take oath, &c., 208, 345, 502

penalty on, for shipping horses before they are

tolled, 444

SHIPPING. (See Tonnage of Shipping, Vessels.)
how assessed for taxes. (See Taxes.)
tonnage duties on. (See Tonnage of Shipping.)
SHIPS. (See Vessels.)

act regulating the building of, . . . . 114
penalty for wilfully burning, . . .56, 577
feloniously seizing, whether in the harbor or
on the high seas, to be deemed

piracy, 56

private men-of-war seizing ships, &c., to bring

them into port for condemnation, 247
otherwise to be treated as robbers and felons,

acting without commission, . . 247
SHOEMAKERS, (or Cordwainers.) (See
Leather, Tanners.)
forbidden to tan leather, under penalty, . . 312
tanners not to exercise the trade of shoe-

making, 312

not to use leather improperly curried or tanned, 313
nor leather made of horsehide, for inner

soles, 313

SHOES. (See Shoemakers.)

impost on, 501

SHORES. (See Harbors, Sewers.)
SHOVEL-BOARD. (See Gaming.)
SICKNESS. (See Contagious Diseases, Poor,

Resolves, p. 794.)
SIGN. (See Lmholder, Licenses.)

of iunholder, forfeiting his license, to be taken

down, 664, 680

SIGNET, ROYAL. (See Privy Council.)

disullowaace of laws to be signified under, . 17
SIGN-MANUAL, ROYAL. (See Privy
Council.)
disallowance of laws to be signified under, . 17
SILKS.

wrought, impost on, 501

black sUks excepted, 501

SILVER LACE. (See Impost, Lace.)

876

Index.

SHiVEB MINES. (See Massachusetts Bay,
Plymouth Company. J

SILVER MONEY. (See Bullion, Coin, Coun-
terfeiting, j
colonial biUs of public credit to be redeemed

146

SILVER ORE. (See Ores.)
SIZE. (See Bread, Bricks, Casks, Shingles. J
SKIWS. (See Deer, Hides, Leather.)
SLANDER. (See Libels.)

any person, of the age of discretion, wilfully
making or publishing any lie or
libel tending to the damage or
defamation of another, or spread-
ing false news or report with in-
tent to abuse and deceive others,
to be fined not exceeding twenty
shillings upon the first convic-
tion, 53

to find sureties for good behavior, and stand

committed until then, . . .53
not paying the fine, to be corporally pun-
ished, (see Resolves, p. 795,) . 53
parties injured by the slander to have remedy

by action in any court of record, . 53
SLATES OR TILES.

buildings in Boston to be covered with, . 42, 43
SLAUGHTER-HOUSES. (See Buildings,

Nuisances.)
SLAVE S . ( See Indians, Negroes and Mulattoes,
Servants, Servitude, Taxes.)
Act relating to mulatto and negro

slaves, 519

Act to prevent disorders in the nigM, 535
Act for the better preventing of a spu-
rious and mixed issue, . . 678
Act to encourage the importation of

■white servants, .... C34
Act prohibiting the importation or
bringing into this province
any Indian servants or

slaves, 698

How assessed for taxes :
male slaves of sixteen years old or up-
wards to be assessed at twenty

pounds, 92

negro, mulatto and Indian slaves to be as-
sessed as personal property; males
fourteen years old and upwards
at twenty pounds per head, and
females at fourteen pounds per

head 214

unless disabled- by infi.rmity, . . . 214

to be assessed as other personal property, 240,

258, 278, 302, 413, 483, 495, 521, 551, 569,

610, 627, 661, C94, 714, 747

not excluding faculties, . . 337,359,-386

males and females of sixteen years of age

(ind upwards to be assessed a poll

tax, (see Servants,) . . 167, 179, 187

of any age, 199

Valuation of: negro slaves to be valued,
each male, above fourteen years of
age, at twenty pounds, and each
female, of fourteen years or up-
wards, at fifteen pounds, . . 615
abatement to be allowed in consideration of

their age or infirmity, . . .615
Indian, mulatto and negro slaves to be rated

at one penny in the pound, . . 615

SLAVES— coniinwed.

Manumission of : no mulatto or negro slave
to be manumitted after July 28,
1703, unless security be first given
to the town, &c., treasurer, to in-
demnify the town or place from all
charge in case the slave manumit-
ted should become unable to suj)-

port himself, 519

no mulatto or negro manumitted after said
date, without such security given,
to be deemed free, . . . .519
masters, &c., of manumitted slaves to be

liable for their support, . . . 519
the selectmen may at any time put them

out to service, 519

At night : not to be abroad, or absent from
the families to which they belong,
after nine o'clock at night, unless
upon some errand for their mas-
ters, &c., 5.35

all justices of the peace, constables,. tithing-
men, watchmen and others, being
householders in the same town,
empowered to apprehend servants
so abroad and not giving a satis-
factory account of their business,
or misbehaving themselves, and
carry them to the next justice of

the peace, 536

or confine them in the prison, watch-house
or constable's house untU the
morning, and then take them
before the justice, .... 536
justice to send them to the house of correc-
tion to "receive the discipline of
the house," and then be dismissed, 536
unless some other offence is charged against

.them, 536

in towns where there is no house of correc-
tion, the offender to be openly
whipped by the constable, not ex-
ceeding ten stripes 5.36

Stolen goods : penalty for purchasing of, 156, 325
slave offering for sale, &c., to be whipped,

not exceeding twenty stripes, 156, 325
not to be punished for larceny, . . . 325
Intermarriage with whites forbidden,
(see Marriage, Negroes and Mu-
lattoes,) . . . . '. .578
Fornication between black or mulattoes
and whites, how punished, (see

Negroes, <^c.,) 578

Striking a white person : to be punished
by severe whipping, at the dis-
cretion of the justices before whom
the offender shall be convicted, (see

Negroes, c^x.,) 578

Importation of:
Negroes imported after May 1, 1700, the
importer to enter their number,
names and sex at the impost of-
fice, 578

the master to insert the same in his mani-
fest, . . . . . . .578

and pay an impost duty of four pounds
per head for every such negro, male

or female, 579

duty, how recovered, 579

master and ship liable for the duty, . . 579

Index.

877

SLAVE S— CO ?i '.inued.

clearance of the vessel not to be granted

until the duty is paid, . . . 579
penalty for not entering negroes im-
ported, 579

Drawback of the whole duty allowed if the
negroes are exported within twelve
months, and sold in another plan-
tation, 579

upon production of certificate of sale
under the hand and seal of the
collector or naval officer there, . 579
allowed to purchaser of any negro sold
within this province, in case of his
death within six weeks after im-
portation, 579

Indian slaves imported to be entered (num-
ber, name and sex,) at the impost

office, 634

at the secretary's office, .... 698

none so imported after September 29, 1709,
to be deemed slaves without a cer-
tificate of the governor, &c., of
the plantation whence they were
brought that they are so, . . 634
to be forfeited, unless bond given to ex-
port them within one month, . 698
fee for entry and bond, .... 698

Indian captives : (See Indians.)
women, and children under twelve years of

age, to be sold and transported, . 594
all children under ten years of age, . .530
sold, proceeds of, when to go to volunteers in

actual service, without pay, . 530, 558
when to go to volunteers under pay, . . 530
when to go to regular soldiers, . . . 530
when to belong to volunteers not under pay,

by whom they are taken, . . 292
when to belong to volunteers under pay, . 530
SLOOP, PKOVXNCB. (See Service.)

provided for, (see Kesolves, p. 791,) . . 646
proceeds of sale of, . . . . . . 743

SMALL POX. (See Contagious Diseases.)
SNOW-SHOES. (See Frontiers.)

militia of the frontiers to be provided with

snow-shoes and moccasins, . . 547
fine for not being provided with, before Novem-
ber 10, 1704 547

allowance to soldiers furnishing themselves, . 547
captains, &c., to see that they are kept in

repair, 547

SOCAGE, (Free and Common.)

tenure by, of Plymouth Company, ... 2

of Massachusetts Bay, 3, 6

SODOMY.

how punished, 55, 297

SOILS. (See Massachusetts Bay, Plymouth

Company.)
SOLDEERS. (See Military Officers, Militia,
nuncupative wills, under Wills,
Service.)
SOLICITOR- GENERAL (of England.)

(See Attorney- General, <^c.)
SONS. (See Daughters, Eldest Son, Estates of

Persons Deceased, Wills.)
SORCERY. (See Charms, Conjuration, Dead

Bodies, Witchcraft.)
SOUTHERN COLONY. ( See Plymouth Com-
pany.)
not to be encroached upon, . . . . 1, 6

SPAIN. (See Enemies.)

act to continue during war with, . . . 500
SPEAKER OF THE HOUSE OF REP-
RESENTATIVES. (See Hep-
resentatives.)
election of, to be approved or disapproved by

the governor, 22

SPENDTHRIFTS. (See Idle ami Disorderly

Persons, Poor.)
SPIRITS, DISTILLED. (See Distillers.)

excise on, 32, 57, 103, 272, 344, 391, 392, 433, 434, 476,
528, 662, 716, 738

not to be paid by distillers 502

impost on, . 31, 200, 269, 343, 478, 492, 501, 52S
SPURS.

troopers to be provided with, .... 129
STAFF. (See Badge.)

tithingmen to carry, 155, 329

firewards to carry, 677

watchmen to carry, 699

STAGES. (See Fish.)

for fishing-trade permitted on public lands, . 20
STATUTES. (See General Court, Laws.)

general court to make, 15

STAY. (See Supersedeas.)

of prosecution by non vult ulterius prosequi
not allowed in favor of officer re-
fusing to return writ, &c., of habeas
corpus, . . . . . -97
STEALING. (Seeldleand Disorderly Persons,
Larceny, Prisoners, Receivers of
Stolen Goods, Slaves.)
STILL-HOUSES. (See Distillers, Nuisances,

Spirits.)
STOCK FOR TRADE WITH INDIANS.

(See Indians.)
STOCK IN TRADE.

how assessed for taxes. (See Taxes.)
STOCKS.

offenders to be set in, 51, 53, 58, 61,. 123, 154, 191,
268, 324, 380, 681
may be set up in the highway, . . '. . 312
STOLEN GOODS. (See Receivers, <^c.)
STONE OR BRICKS. (See Boston, Build-
ings.)
STONE WALLS. (See Fences.)
STONES, PRECIOUS. (See Plymouth Com-
pany.)
STOREKEEPER, PUBLIC. (See Impost.)
imported goods, when and how delivered to,

for storage, .... 480, 552
STORES. (See Impost.)

bills of, allowed for adventures by master and

seamen, 270, 481

STRAYS. (See Lost Money or Goods,
Pounds.)
Act relating to strays and lost goods, • 326
stray beasts to be entered with the town

clerk, giving the color and marks, 326
within six days after finding, . . . 326

fee of town clerk, 326

to be cried by the constable or public crier
on three days, at a public meeting
of the inhabitants, . . . .326
to be posted in some public place, . . 326
if of twenty shillings value or upwards,
to be cried and posted in the two
next adjacent towns, . . . 326
to be withcd about the neck within twenty-
four hours, 326

878

Index.

STB,AY'3—conH7iued.

Appraisement of: tlie nearest justice of the
peace to order, and to appoint two

appraisers therefor 326

appraisers to be sworn by the justice, . 326
' Finder to cause the entry, crying, posting;
and also notify the justice within
six days after finding, . . . 326

penalty for finder's neglect 326

penalty for town clerk's neglect, . . 326
Bestitutiou to be made to the owner, of the
beast or its full value, if he claim
and prove the same within one
year after publication, . . . 326
owner to pay all fees and expenses, to be
ascertained by the justice that or-
dered the appraisement or by some

other justice, 326

Porfeiture of, to be complete if the owner do

not claim them within one year, . 326
one-half the net value as appraised, after
deducting all necessary charges, to
be paid to the use of the town's

poor, 326

to whom paid and how recovered, . . 320
Penalties for removing the withe; or taking
away the stray before all charges

are paid, 326

how recovered, 327

Horses not to be taken up as, between March
1 and December 1, unless taken
damage-fcasant, .... 327
Impounded cattle, &c., not claimed, to be pro-
ceeded with as, 323

STREETS. {See Boston, Disturbance, Lord's

Day, Ways. J
STRIP. CSee Waste.)

STUBBORN SERVANTS AND CHIL-
DREN. (See Idle and Disorderly
Persons.)
STUDENTS. CSee Harvard College, Taxes.)
STURGEON. fSee Fish, Royal Fish.)

granted by the colonial charter, ... 5
and confirmed by the province charter, . 19

how packed, 50

STYLE, REGAL. (See Writs, Resolves,
p. 701.)
Act declaring the regal style, . . .622
Act for preventing and removing all
doubts and disputes about
writs, &c., issued in tlie name
of her late majesty, &c., . . 749
Style of Queen Anne, after the act of union
of Great Britain, (May 5, 1707,) de-
clared, 622

Style of King George I. declared, . . .750
all writs and processes, original and judicial,
issued in the name of Queen Anne,
and all suits thereupon, revived, . 749
all criminal, &c., writs and proceedings re-
vived, 749

SUBJECTS, ENGLISH. (See Privileges, Taxes.)
rights of, guarantied to inhabitants of the

province, 14

SUBORNATION OF PERJURY. {See
Frauds, Perjury, Witnesses.)
of witnesses in any action, &c., in a court of
record, or in depositions in per-
petuam, to be punished in the same
manner as perjury 54

SUBORNATION OF PERJURY— con-

tinued.
the oath of person convicted of, not to be re-
ceived as evidence in any court of
record, unless the judgment against
him shall have been reversed, . 54
SUBPCENA. CSee Witnesses, Writs.)
SUBSTITUTES. CSee Service.)
SUFFOLK, CSee Boston, Inferior Court of
Common Pleas, Nantucket, Supe-
rior Court of Judicature.)
justices of common pleas in, to be commis-
sioned, 37

SUGAR.

impost on, . 31, 200, 201, 270, 343, 479, 492, 526
from English jalantations, that has paid duty,

exempt, 121

refineries. CSee Distillers.)
SUMMARY JUSTICE. CSee Boston.)

to be administered in the market-courts at

Boston, 239

SUMMONS, CSee Witnesses, Writs.)
SUNDAY. CSee Lord's Day)
SUPERIOR COURT OF JUDICATURE.
CSee Appeal, Assize, Equity, Error,
Habeas Corpus, Inferior Court of
Common Pleas, Mandamus, He-
view, Writs.)
Acts establishing, • . .73, 285, 370

Acts regvilating proceedings in, 372, 445, 464
How constituted :
to be kept by one chief justice and four other
justices, to be appointed and com-
missioned for the same, . 73, 283, 370
three of whom to constitute a quorum,'

73, 2S5, 370
to be sworn before the governor, &c. ;

form of the oath, . . . .358
Times and places of holding, 74, 157, 218, 285,

371, 675
special sessions, changes, &c., by act of the
legislature : —

in Suffolk, 750

in Essex, 100, 148, 189

in Plymouth, 158

in Hampshire and York . . 144,211,533
Adjournments of, when to be made by jus-
tices, and proceedings in, . . 190
Jurisdiction of, to extend throughout the

province, .... '73, 285, 370
to include the cognizance of all pleas, real,
personal or mixed, whether be-
tween party and party or between
the crown and any subject, and all
matters relating to the conserva-
tion of the peace and the punish-
ment of offenders, . . 73,285,370
^ ' (See Equity.)

Okiginal and coxcurrent with the in-
ferior courts of common pleas of
all actions wherein the damages
are not less than ten pounds, and
actions 4vhere the freehold is con-
cerned, 74, 286

Original, of no civil actions, unless in cases

where the king is concerned, . 373, 459
Appellate. CSee Appeals, Inferior Court
of Common Pleas.)
appeals and writs of error, from any of the
inferior courts iu York, Hauipsliirc,

Index.

879

SUPERIOR COURT OP JUDICATURE

— continued.
the Islands of Martha's Vineyard
and Nantucket to be heard and
tried in, at Boston or Charles-
town, 74, 286

from the inferior court of pleas at Nan-
tucket to be heard atUoston, . 218
appeals from York and Hampshire to be

heard at Boston, . . . .211
appeals from Dukes county to be heard at

riymouth, 210

appeals and writs of error from York,
Hampshire and the Island of Nan-
tucket to be heard and tried at
Boston or Charlestown, . . .266
appeals from the Island of Nantucket, to be
heard and tried jn Suffolk or Mid-
dlesex, 371

appeals to November term, 1714, in Suffolk,

to be tried in December, . . . 750
Court of assize and general gaol-deliv-
ery, to be held by the justices at
every session, for the several coun-
ties, 74,285,371

and in York, Hampshire, the Islands of
Martha's Vineyard and Nantucket
from time to time as the governor
and council, with the advice of the
justices, shall direct, . . .74
in York, Hampshire and Nantucket as the

governor, &c., shall appoint, . . 286
in Nantucket, as the governor, &c., shall

appoint 371

act for holding special courts of, . 719
to punish officers and soldiers for mutin-
ous conduct, (see Courts-Martial,) 553
Clerks of, to render accounts of fines,

&c., 449

Grand Jury to attend, (see Grand Jurors,

under Jurors,) .... 193
Writs of, (original,) to be summons, capias or

attachment 75, 286

to run into any county, . . . .75, 286
to issue from the clerk's office, . . 75, 286
to be under the seal of the court, . . 75, 286
to bear the teste of the chief justice, &c., 322, 461

how directed, 75, 286

how ser\'ed, 75, 286

CSee Abatement, Habeas Corpus, Manda-
mus, Writs.)
Reviews in. (See Review.)
Appeals from, to the king in council. (See
Appeals, Privy Council.)
allowed in all personal actions where the
matter in dispute exceeds three
hundred pounds sterling,

15, 76, 285, 373, 466
Error in. (See Error.)
Justices of:

their fees, 86, 87

not to sit in the trial of causes which have
been heard by them as justices of

the peace 577

nor act as attorneys in such cases, . . 577
to appoint clerks, .... 217, 374, 465
to frame rules of practice, . 75, 287, 374, 464
to allow amendments, &c., (see Pleadings,) 464
to fine delinquent jurors, (see Jurors,) . 193, .335
to award execution, ... 15, 73, 284, 371

SUPERIOR COURT OF JUDICATURE

—continued.
Jurors in, how chosen and summoned,

74, 286, 371, 719
for Plymouth court to be chosen, in part,

from Dukes county, . . . 216
all issues of fact to be tried by. (See Jury.)
Attorneys of. (See Attorneys.)
Adjournment of, authorized, and proceed-
ings therein, 190

SUPERSEDEAS. (See WrUs.)
SUPPORT OP GOVERNMENT. (See Ex-
cise, Impost, Taxes.)
SUPREMACY. (See Declaration, Oaths.)
SURETIES. (See Appeals, Bonds.)

Act relating to sureties upon mesne

process in civil actions, . . 127
Act in addition to and in explana-
tion of the act relating to
sureties upon mesne process
in civil actions, .... 576
Upon mesne process in civil actions,
where the condition is to appear
and answer and to abide judgment,
to be held to satisfy the judgment,
after return of non est inventus
upon the execution, unless the
surety surrenders the principal and
moves to be discharged at the time
of rendering judgment in the origi-
nal action, 127

the surrender of the principal to be made in
court at any time before judgment

on scire facias, 577

sureties to be discharged upon such sur-
render and payment of costs on

scire facias, 577

principal surrendered to be ordered into the

custody of prison-keeper, . . 127
into the custody of the sheriff, to be by him

held for thirty days, . . .577
if not served with execution within thirty
days, to be released, upon payment
of prison charges, . . . .577
scire facias against sureties to be issued by

the same court, . . . .127

judgment thereupon to be entered, with
additional costs, and execution

granted, 127

to be brought within twelve months after

the first trial, 127

surety to have remedy against his princi-
pal, 127

Upon appeals, to be held for all intervening
damages by reason of delay be-
tween the time of the former judg-
ment and the time when the appeal
should have been tried, after return
of non est inventus upon execution
against the principal, . . . 446
j udgment to be affirmed against sureties , upon
scire facias, as in the case of sure-
ties upon mesne process, and exe-
cution to be granted, . . . 446
scire facias to be served within twelve
months after judgment against
principal on the recognizance, . 440
Not released by discharge of principal or co-
sureties under the act for the relief,
&c., of poor prisoners for debt, . 3-33

880

Index.

^UnHTlES— continued.

Discharge of, under the act for the relief,
&c., of poor prisoners for debt, not
to release principal or co sureties, 333
SURGEONS, LICENSED.

exempt from military duties, .... 130
SUBVEYOKS. (See Fees, Lumber, Shingles,
Tar. J
of highways. CSee Ways. J
and measurers of boards, planks, lumber and
slit- work and surveyors of shingles,
two or more to be elected at the
annual town-meeting, in maritime

towns, &c., 655

to be sworn like other town officers to the

faithful performance of their duties, 655

one of, to view and survey all boards, planks,

timber or slit-work imported, before

sale thereof, and measure the same

where he shall have any doubt of

the measure, 655

to allow for drying and shrinking, rot, splits

and veins, 655

to mark the same anew, 655

to survey all lumber, &c., before delivery,

upon sale or exportation, . . 655

fees of, 655

of ships and vessels. CSee Vessels.)
SWAMP S . (See Sewers.)
SWEARING. (See Oaths, Profanity.)

in courts of justice, to be done with no other
ceremony than holding up the hand,

. 75, 287, 374, 465
SWINE. (See Fees, Pounds.)

How assessed for taxes. (See Taxes.)

Act for regulating of fences, cattle, &c., 138

Act for the better regulation of swine

going at large, &c., . . .730

SWINE— continued. .

Going at large upon the common, to be
yoked from the first of April to the
fifteenth of October, yearly, . . 139
to be yoked from the first of April to the last

of October, yearly, .... 730
and ringed in the nose all the year, . 139, 730
penalty on owner of swine that are found

not yoked or ringed, . . 139, 7.30
if found damage-feasant, .... 139

to be impounded, 139

Xoke for, not to be deemed sufficient unless
measuring above the neck tlie full
depth of the neck, and half as much
below the neck, and the bottom or
sole to be in length three times the
thickness, of the neck, . . . 731
Hogreeves to be chosen at the annual town-
meeting in March, .... 730
to be sworn like other town officers to the

faithful performance of their duties, 730
penalty for refusing to serve and for neglect

of duty 730

upon complaint made to them, to order

swine to be yoked and ringed, . 730
if the order is not complied with by the
owner within twenty-four hours,
to yoke and ring the swine them-
selves, 730

to go through their precincts several tithes
a year to see the law about swine

observed, 730

fees and penalties accruing to, and how re-
covered 730,731

SWIVEL.

troopers to be provided with, .... 129
SWORD.

to be worn by militiamen, 129

TABLES. (See Gaming.)
TACKLE. (See Vessels.)
TAIL, (Tenant in.) (See Estates Tail.)
TALESMEN. CSeeJury.)
TALLAGE. (See Privileges.) '
TALLOW-CHANDLERS. (See Boston, Nui-
sances.)
TANNERS. (See Curriers, Hides, Leather,
Nuisances.)
Act for regulating tanners, curriers and

cordwainers, . . . . 312
not to exercise the trades of butchers, curriers

or shoemakers, .... 312

butchers, curriers and shoemakers forbidden

to tan leather, . . . ^ . 312
not to offer for sale any leather insufficiently
tanned, or which has been over-
limed or lime-burnt, or which has
not been thoroughly dried after

tanning, 312

or that has not been scaled according to

law, 312

not to set their vats in tan-hills or other places

where the leather or ooze will heat, 312

TA.TH'Si'ERS— continued.

nor put leather into hot or warm ooze, . 313

penalty, 313

leather not to pass out of the tan-house or tan-
yard before being viewed and
sealed by the searchers and sealers

of leather, 313

forfeited for defects of workmanship by cur-
riers, to be made good by the cur-
riers to the tanners losing the same, 314
TANYARDS.

how assessed for taxes. (See Taxes.)
TAR, PITCH, TURPENTINE AND
ROSIN. (See Casks.)
Act for regulating the assize of casks, &c., 49
Act to restrain the exportation of pitch,

tar, rosin, &c., . . . .181
Act for regulating the assize of casks
for tar, pitch, turpentine and
rosin, and for preventing
frauds, &c., . . . . .573
Act in addition to the act for regu-
lating the assize of casks for
tar, &c., .633

Index.

881

TAB, PITCH, TURPENTLKTE AND
^OSIN— continued.
Exportation of pitch, tar and rosin forbid-
den, except by license from tlie
governor and council, . . .181
the necessary store of merchants' ships ex-
cepted, 181

vessel exporting, with all her tackle, apparel

and furniture, to be forfeited, . 181
penalty, how recovered, . . . .181
officers of impost to see the law enforced, . 161
Casks of tar exposed for sale to be barrels,
half-barrels and third-of-barrels ;
the barrel to contain thirty gallons,
and the others to be in proportion, 50
to be branded by the cooper, . . .50, 573
if not branded to be forfeited, . . .50
gafcge of, to be thirty-two gallons for a

barrel, 573

and sixteen gallons for a half barrel, . 573
no smaller casks to be made, . . .573
for pitch, turpentine and rosin, barrels to

be thirty-five gallons, . . . 573
to be made of sound, well-seasoned tim-
ber, 573

of tar, pitch, turpentine orrosiu to be marked

before exportation, . . . . 575
penalty ; forfeiture and fine, . . . 575
Gaugers, viewers and siirveyors of, to
be appointed in the month of March
annually by the selectmen of every
town where such commodities are

made or sold, 573

to be sworn as gaugers, surveyors and

searcliers, 573

to mark such as they shall find merchantable, 573
their fees for marking to be paid by the

cooper, 673

. to cleanse the tar of water, and fill up the

casks with good tar, . . . 574

to broach all turpentine at the head opposite

the bung, 574

to see that rosin and pitch be well made, the

casks well filled aud without deceit, 574
their fee for gauging and inspecting;

power to distrain, .... 574
Coopers, penalty on, for selling unmarked

casks, ■ . . 574

Turpentine, not to be put up without strain-
ing, on penalty of forfeiture, . . 574
Frauds in putting up, how punished, . . 574
In seaport towns, surveyors, gaugers and
searchers of, to be appointed by
the courts of sessions, . . .574
to be sworn before sessions or two justices

of the peace, 574

form of oath, 575

to search vessels under a general warrant
from the governor and vice-admi-
ral ; other duties, .... 574

fees of, 633

Fines, how to be disposed of, . . . 575, C33
Makers or drawers of tar, pitch, or turpen-
tine to mark the head of each bar-
rel with their initials, . . . 633
to employ a searcher ; his duties, . . . 633
to enter the same with the town clerk, upon

searcher's certificate, . . . 633
town clerk's fee for registering, and cer-
tificate, 633

111

TAR, PITCH, TURPENTINE AND

S,OSIN— continued.
tar, &c., to be forfeited if sent out of town

before search and registry, . . 6.33
penalty for counterfeiting another man's

mark, 633

TARES. (See Malt.)

TAVERNS, TAVERN-KEEPERS. (See

Innholders, Inns.)
TAXES.

Colony Taxes.
Acts for collecting arrears of, 27, 28, 139, 156
General, arrears of taxes granted by the late
colonies of Massachusetts and New
Plymouth, since October 1, 1689, to
be collected, &c., by the officers of
the respective colonies, according
to their warrants, on or before
November 1, 1692, . . . 27, 28
constables and collectors of, failing to per-
form their duty to be distrained by

sheriff, 28

to collect and pay over to province treas-
urer Pecember 6, 1693, . . .140
to be distrained by treasurer for neglect, . 140
deceased, personal representatives of,

liable, &c., 140

when not in fault to be relieved by towns, 28
assessment and collection of, how made

where former assessment has failed, 141
County and town, since May 1, 1689, con-
stables and collectors of, required
to collect and pay over to county
treasurers or selectmen before De-
cember 10, 1692, ... 28, 20
penalty for neglect, and how recovered, . 29
uncollected by reason of death or removal

of collector, &c., how collected, . 29
assessment of, when not already assessed,

to be made by selectmen, . , 29
constables required to collect, . . .29

penalty for neglect, 29

Collection of, same powers conferred upon
selectmen, constable and collectors
as in the collection of province

taxes, 156

Abatement of, to towns, constables and col-
lectors, how made, . . 28, 140, 141

Province Taxes.

Acts granting, 29, 91, 165, 177, 185, 197, 213,
228, 230, 257, 277, 301, 337, 358, 386,
413, 438, 483, 494, 504, (continued,
515,) 520, 533, 541, 548, 566, 589, 607,
624, (645, note,) 658, (686, note,) 691,
711, 743.

Resolves granting. (See Resolves, pp.
791-703.)

Acts regiilating assessment of, 91, 106,
177, 218, 406, (continued, 525, 587,
639,) 60G.

Acts correcting apportionment of, and

valuation, .... 515, 614

General, to be granted by the general

court, 16

not to be laid without the act and con-
sent of tho governor, council
and representatives, in general
court assembled, . . . .40

882

Index.

TAXE S— continued.

to be proportionable and reasonable, 16
to be imposed and levied upon estates
and persons of proprietors and

inhabitants, 16

to be disposed of by warrant signed by
the governor, witli the advice and
consent of the council, . . .16
to be granted for the defence and support
of the government of the province
and the protection and preserva-
tion of the inhabitants there, ac-
cording to acts in force within the

province, 16

granted for,— (See Kesolvks, pp. 791-3.)
the defence of liis majesty's subjects and

interests, 29, 91, 197, 258, 277, 301, 504
support of tlie government of the province,

213, 228, -240, 278, 301, 337, 358, 386, 413,
438, 483, 494, 504, 521, 533, 648
discharging the public debts, ICO, 185, 213, 228,
240, 337, 358, 386, 413, 438, 483, 494, 521,
533, 548
the payment of salaries and other grants
made and to be made by tlie gen-
era! court, 165, 213, 228, 239, 258, 278,
337, 358, 386, 413, 438, 483, 494, 521, 533
answering other and contingent charges, 29,
91, 166, 197, 213, 228, 240, 258, 278, 301,
358, 386, 413, 4.38, 483, 494, 521, 548
redeeming province bills of public credit, 504,
620, 533, 541, 518, 566, 589, 607, 624, 658,
686,691,711
prosecution of the war, 29, 91, 177, 213, 228, 239,
258, 277, 337, 358, 533
subsistence and support of seamen and

soldiers in the service, 165, 2.39, 258,

277, 301, 337, 358, 386, 413, 438, 483, 494,

521, 548

and their wages, 301, 337, 358, 386, 413, 438,

483, 494, 621, 648

encouragement of volunteers without pay,

177, 548
procuring ammunition and other stores of

war, 258, 278, 301; and arms, 413.
repairs of the castle on Castle Island,

165, 213, 228, 239, 257, 301, 438
additional vaults and batteries there, 258, 301
support of the garrison there,

166, 213, 239, 258, 277
equipping and maintaining the province

galley and fire-ship, . . 278, 301

hire of transports and other vessels for the

pubUc service, 258, 277, 301, 358, 386,

413, 438, 483, 494, 621, 548

Stock for the Indian trade, .... 165

payment of arrears of debts of the colonies, 239

payment of balance due to soldiers and

others under Sir Edmund Andros'

government, 483

and for no other purposes, 166, 185, 213, 228,
240, 258, 278, 337, 386, 413, 438, 483, 548
Apportioniiient of : acts of assembly fixing,
177, 185, 197, 229, 239, 257, 277, 301,
337, 358, 386, 413, 438, 483, 494, 520,
5.33, 548, 560, 589, 607, 624, (645,
note,) 658, (086, note) 691, 711, 743.
for 1692-3, how determined, 29, 91, 106; for
1694-5, 165; for 1695-6, 213; for
1702-3,515; for 1707, 614.

TAKES— continued.

province treasurer, (in 1692-3,) to issue war-
rants for election of a commis-
sioner in each town, . . .29
and also for the year 1695-6, a commission-
er for each town and precinct, . 214
commissioners of assessments to be chosen

at annual town meeting, . . 65
towns and precincts to choose commissioners
for 1702 3, 515 ; for 1707, 614.
and for 1707, three, five, seven or nine

trustees, 614

commissioner and selectmen of each town
in 1692-3, (and town and precinct,
subsequently,) to prepare lists of
polls and taxable estates, 29,30;
1695-6,214,228; 1702-3,516.
commissioner and trustees to do the same

in 1707, 614, 615

to report to general court, towns and pre-
cincts concealing estate, . . . 615
vacancies in boards of selectmen or asses-
sors, how filled, .... 516
in boards of trustees or commissioners, . 616
commissioners to meet in sliire towns and
compare and amend their lists,

30, 214, 515, 516, 615
at such place as commissioners of shire

towns shall direct, .... 515
lists when completed, how returned to prov-
ince treasurer, . . .30, 214, 229
how returned to general assembly through

the representatives, . . 516, 615

commissioners to return lists of const.ables

and collectors to the treasurer, 214, 229
selectmen when to do the same, . . . 214
selectmen, assessors and commissioners to

be sworn, 616

their allowance, and how paid, . . .516
and allowance to commissioners, select-
men and trustees, .... 616
two additional commissioners for each county
appointed by the general court to
act with selectmen and commis-
sioners of towns, . . . .92
names of commissioners appointed, . . 93
to examine and amend former lists, in con-
junction with selectmen and town
commissioners, . . . .92
to arrange polls and estates in separate

columns, 92

commissioners and trustees to arrange
their lists in four distinct columns ;
of polls, real and personal estates

and faculties, 615

persons failing to exhibit lists of their estates

to be assessed at discretion, 92, 516, 614
or exhibiting false lists, how punished, . 616
lists, when perfected, how sighed and re-
turned to county commissioners, 92, 93
county commissioners to meet at Boston and
to constitute a committee to com-
pute the sum of the respective lists
of assessment and valuation, . 93
if total amount, including former assess-
ment, fall short of $30,000, commit-
tee to add, proportionably, a suf-
ficient sum, ' . . . . .93
to deliver their completed lists to the

province treasurer, . . . .93

Index.

883

1AX:ES— continued.

to report to the general assembly defec-
tive valuations of towns and coun-
ties, 93

penalty for wilful neglect of duty by select-
men, assessors or commissioners,

93,516
by selectmen or trustees, .... 616,
doings of county commissioners confirmed, . 106
their allowance, (note,) . . ■ .109
towns found deficient by them to be as-
sessed, 106

rules and directions for apportionment of
1692-3, not to be taken as a prece-
dent for future apportionments, . 107
Assessnaeut of : acts and provisions regu-
lating, 91, 106, 157, 218, 406, (con-
tinued, 525, 587, 606, 639,) 515, 614,
(and see the several tax acts J
( For appointment and duties of commission-
ers in assessing taxes, see " appor-
tionment of taxes," above J
selectmen, when to act as assessors, 29, 92, 106,
214, 228, 243, 261, 280, 304, 340, 361, 389,
407, 416
trustees of precincts, when to assess, 214, 228,
243, 261, 280, 304, 340, 361, 389, 407, 416
assessors, how chosen, 166, 218, 242, 260, 280, 304,
340, 361, 389, 406, 416
in case of vacancy, 166, 218, 243, 201, 280, 304,

407,587

their qualification, . 160, 242, 260, 304, 406

compensation for services, 218, 243, 261, 280,

304, 340, .361, 389, 407, 408

to be sworn, and form of oath, 106, 243, 261,

280, 304, 340, 389, 406

by whom administered, 166, 243, 201, 280, 304,

340, 301, 389, 400

penalty for neglect or refusal, 166, ISO, 243,

261, 2S1, 340, 361, 389, 407, 408, 416, 516

penalty on town, &e., for not choosing,

166, 218, 407
of Marlborough to assess tax of Framing-
ham, 304, 305

resolve ratifying doings of assessors irreg-
ularly chosen. (See Kesolves,
p. 791.) .
Polls, all males of sixteen years of age and

upwards to be assessed for, 29, 92, 199,
213, 240, 258, 278, 301, 337, 359, 386, 413,
483, 494, 521, 533, 550, 569, 592, 609, 626,
661, 694, 714, 747
all males of eighteen years of age and up-
wards, .... 167, 179, 187
servants and slaves, . 167, 179, 187, 199, 615
Bingle women " living at their own hand," 213
except the governor and his family, 416, 483, 494,
521, 533, 550, 569, 592, 609, 626, 661, 694,
714, 747
lieutenant-governor and his family, 494, 521,
533, 550, 569, 592, 609, 626, 661, 694, 714, 747
members of the council, . . . .29
settled ministers, 29, 167, 179, 187, 199,213, 240,
258, 278, 301, 337, 359, 386, 416, 483, 494,
521, 533, 550, 569, 592, 610, 626, 661, 694,
714, 747
elders of Churches, 167, 179, 187, 199, 213, 240,
258, 278, 301, 337, 359, 386, 483, 494, 521
persons devoted to the ministry,

30 167, 179, 187, 199, 213

TAXES— continued.

president and fellows of Harvard College,

167, 179, 187, 199, 213, 240, 258, 278, 301,

337, 359, 386, 416, 483, 494, 521, 533, 550,

669, 592, 610, 626, 661, 694, 714, 747

and students there, 30, 167, 179, 187, 199,

213, 240, 258, 278, 301, 337, 359, 386, 416,

483, 494, 521, 533, 550, 669, 592, 610, 626,

661,694,714,747

grammar-school masters, 29, 167, 179, 187, 199,

213, 240, 258, 278, 301, .359, 386, 416, 483,

494, 521, 534, 550, 569, 592, 610, 626, 661,

694, 714, 747

single women, incapable by reason of age

or extreme poverty, . . . 213
others, incapable by reason of age, in-
firmity or extreme poverty, in the
judgment of the assessors, .30, 167, 179,
187, 199, 213, 240, 258, 278, 301, 337, 359,
386, 483, 494, 521, 534, 550, 569, 592, 610,
694, 714, 747
any that receive alms, .... 416
Real estate, including houses,warehouses,
grist-mills, saw-mills, fulling-mills,
iron-works, tanyards, cranes,
wharves, orchard, pasture, arable
and meadow land, and other lands
under improvement, . . 515, 611
CSee also the several tax acts, and
" appcrtionment of taxes," above. J
houses, warehouses, tanyards, mills,
cranes and wharves to be ap-
praised at fourteen years' rent or
income in the places where they are, 167
and all lands to be appraised at twenty

years' rent or income, . . . 167
houses and lands to be appraised ac-
cording to annual rent or income,

337, 359, 386
bouses, warehouses, mills, cranes,
wharves, tanyards, arable, pas-
ture and meadow-ground to be
appraised at seven times one year's
rent or income, . . .92, 213
houses and lands to be appraised at six

years' rent or income, 413, 483, 495, 515,
521, 533, 551, 569, 592, 610, 614, 627, 661,
694, 714, 747
real estate to be appraised at the dis-
cretion of the assessors,

240, 258, 278, 301, 337
except lands lying common to the use of
the inhabitants, of which the own-
ers have no particular benefit, . 167
estate belonging to the corporation of

Harvard college, . . . .39
and situate in Cambridge, . . . 289
estate (in their own hands, and under
their actual management and im-
provement in their places of resi-
dence,) of, —
the governor and his famDy, the presi-
dent, fellows and students of
Harvard College, settled ministers
and grammar-school masters, 416, 494,
521, 534, 550, 569, 592, 610, 626, 661, 694,
714, 747
the lieutenant-governor and family, 494,
521, 534, 550, 569, 592, 610, 620, 001, 694,
714. 74?

884

Index.

TAKES— continued.

the president and fellows of Harvard

college, residing there, . . .39
ministers and their widows, . 167, 214

elders of churches, . . . 483,494,521
such as receive alms, .... 416

such as, through age, infirmity or ex-
treme poverty, in the judgment of
the assessors, are unable to pay
taxes, 483, 494, 521, 534, 550, 569, 592,
610, 626, 661, 694, 714
such part of the estates of the persons
last named as the assessors shall
judge meet, ...... 747

Personal estate and income, how as-
sessed, 515, 614

oxen, horses, cows, sheep and swine,

how appraised, 92, 167, 214, 413, 483,

484, 495, 521, 522, 550, 569, 592, 610, 615,

627, 661, 662, 694, 714, 747

servants and slaves, 214, 240, 258, 278,302,

337, 359, 386, 413, 4a3, 495, 521, 551, 569,

592, 610, 615, 627, 661, 694, 714, 747

unless disabled by infirmity, . 214, 615

goods, wares, merchandise, stock in

trade, &c., . 30, 92, 167, 199, 213, 614
English goods in importers' hands, at re-
duced rates, 213

money at interest 167, 213

shipping, 92, 614

boats and small vessels not liable to ton-
nage duty, .... 167, 213
income of handicraftsmen and others, 92, 214,
413, 484, 495, 515, .521, 5?2, 533, 551, 569,
592, 610, 627, 662, 694, 715, 747
faculties, 302, 337, 359,386,414,484,495,515,
521, 522, 533, 551, 569, 592, 610, 627, 662,
694, 715, 747
except, to the same persons (and on the
same conditions) that are exempt
from assessment on real estate.
CSee references above. J
Notice of assessments, how to be given,
and lists of estates called for by
assessors, 167, 486, 497, 551, 570, 592,
610, 627, 662, 695, 715, 748
lists so returned, and not impeached, to be

binding on assessors, . 695, 715, 748
persons failing to send in lists, to be as-
sessed at the discretion of the as-
sessors, 92, 416, 486, 497, 516, 551, 570,
593, 611, 627, 695, 715, 748
penalty for neglect or partial return,

how enforced, 92, 168, 551, 570, 593, 611,
627, 695, 715, 748
appeal from sentence of assessors to
court of sessions, . . 695,715,748
(For resolves ratifying assessments, see
Resolves, p. 791.)
Tax -lists, how prepared, perfected and

signed, 29, 30, 167, 199, 214, 240, 258, 278,

302, 3.37, 359, 386, 413, 484, 495, 534, 551,

569, 592, 610, 627, 662, 694, 715, 747

two required, 214, 240, 258

to be arranged in two columns, of polls and

estates, 92, 214

in three columns, of polls, real estate and

personal estate and faculties. 302, 337,

359, 386, 413, 484, 495, 551, 569, 592, 610,

627, 694

TAXES— continued.

when perfected to be sent to province treas-
urer, 30, 93, 1C8, 180, 187, 199, 214, 240, 258
a certificate of the sum-total of the lists to

. be sent to the treasurer, 278, 302, 3.37,
359, 386, 414, 484, 495, 534, 551, 569, 592,
610, 627, 662, 694, 715, 747
« names of each constable and collector to

be transmitted with the lists or
sum-total, 168, 187, 214, 240, 258, 278,
302, 337, 359, 386, 414, 484, 495, 534, 551,
569, 592, 610, 627, 062, 694, 715, 747
to be committed by the assessors to the con-
stables or collectors, 168, 258, 278, 302,
337, 359, 386, 414, 484, 495, 534, 551, 569,
592, 610, 627, 662, 094, 715, 747
Abatements, how made by the asses-
sors, . 92, 168, 281, 305, 340, 302, 389
if refused by the assessors, how made by the

courts of sessions, 02, 168, 281, 305, 340
362, 390, 408
allowed and granted by the general assem-
bly to,—
the following places, in 1698; viz., Oxford,
Isles of Shoals, Northampton,
Salisbury, Dedham, Kittery, York,
Manamoit, Cambridge, Charles-
town, 341

the town of Wrentham, 1699-1700, . . 390

the district of Manamoit, 1704-5, . .551

the town of Framingham, 1707, . . .611

the town of Sherborn, 1708-9, . . .628

Collection of, warrants for, to be issued by

province treasurer to constables or

collectors, 30, 93, 106, 107, 180, 200, 214,

240, 245, 258, 278, 302, 305, 337, 341, 342,

359, 387, 390, 414, 417, 484, 495, 522, 534,

551, 570, 592, 610, 627, 662, 695, 715, 748

form of warrant, 320

to be distributed by sheriffs or marshals,

200, 240, 258, 278, 302, 338, 359, 387, 409
their pay for distributing, 240, 259, 278, 302,
338, 359, 387, 409
collectors to be appointed by selectmen,

93, 167, 341, 628
to be chosen at town meeting, . . . 409
when no choice, or collectors resign,

constables to act, .... 409
how appointed to fill vacancies occasioned

by death, .... 188,409,587
appointed by general assembly, . . . 391
appointed by assessors, .... 411

to be sworn, 391

their allowance, .... 188, 390, 409
towns to be answerable for their default, 94, 411
to be liable for all sums assessed upon

to.wns for their default, . . , 411
deceased, executors and administrators

of, to make up their accounts, . 411

how chargeable, 412

to distrain goods, &c., of persons assessed
and not paying; proceedings there-
upon, . . 30, 94, 169, 261, 409
except beasts of the plough, tools and
implements necessary for the own-
er's trade and occupation, arms,
necessary household utensils, and
necessary bedding and apparel, . 412
to commit such persons, when no goods

can be found, . . 94, 169, 261, 410

Index.

885

TAKES— continued.

how to proceed against nou-rcsidents as-
sessed for lands, &c., . . . 410
to collect of persons removing from town
after assessment is laid,

94, 169, 261, 410, 411
constables to complete their collections,
notwithstanding the election of
others in their stead, . . .411*
to have counterfeit bills, taken by them,

redeemed, 557

to pay over amount collected, to the prov-
ince treasurer, 30, 93, 107, 168, 180, 200,
214, 240, 258, 278, 302, 305, 337, 341, 342,
359, 387, 390, 414, 417, 484, 495, 522, 534,
551, 570, 592, 610, 627, 003, 695, 715, 748
gdods and lands of defaulting or negligent
collector, to be distrained by sheriff
on a warrant from the province
treasurer, and proceedings there-
upon, . . 94, 168, 200, 261, 411, 412
and penalty for default, . 30, 180, 261, 411
how recovered, . . . .30, 411
to be committed, for want of estate, 108, 411
lands of, seized by sheriff, to be sold, and

deed to be executed by sheriff, 215, 412
coroner or constable to distrain sheriffs
for default, and proceedings there-
upon, 200, 201, 412

Abatements to be made to collectors
for persons removing from the
town after assessment and before
warrant received, . . . .30
to constables and collectors in other cases, 215
to towns authorized in certain cases,

106, 107, 215
allowed to John Clark, constable of North-
ampton, 262

to the town of Salem, for money in the

hands of Simon Willard, collector, 341
to Desire Clap, late constable of Dorches-
ter, Oil

to John Mann, late constable of Milton, . 611
Bills of credit of the colony of Massachu-
setts to be received for taxes, . 95
and of the province, .... 504, 534, 540
Debentures of soldiers received for taxes,

532, 534, 572, 593, 611
Landlords to reimburse tenants or farmers
the whole amount of tax paid,
when no contract is made to the

contrary, 92

to reimburse one-half the tax, in like case,

167, 213, 362, 390
Tenant to deduct from his rent amount of tax

reimbursed, .... 167, 213
Clauses of acts continuing former acts or
conferring general powers on of-
ficers empowered to levy taxes, 180,
200, 215, 243, 262, 281, 305, 340, 302, 389,
416, 525, 534

County Taxes.
Acts and provisions regulating the assess-
ment and collection of,

03, 66, 410, 600, 053
No new tax to be levied until the county
treasurer's account of former tax
has been allowed by the general
assembly 654

TAKES— continued.

To be expended by direction of the courts
of sessions, in writing, from time

to time, 64

To be laid for repairs of bridges, prisons,
the maintenance of poor prisoners
and other proper county charges, . 63
upon information of the county treasurer, , 63
by the justices in quarter sessions, . . 63
who shall agree and determine the whole

sum to be raised, . . . 63, 64
Apportionment, on towns, to be made by

courts of sessions 64

as near as may be according to the rule for

apportioning the province tax, . 64
siccording to the rule prescribed from time

to time in the province tax acts, . 409
Assessment to be made by order of the

courts of sessions, . . . ,64

by the selectmen, 64, 66

by the assessors chosen to assess the prov-
ince tax, 606

according to the rule of the province tax,

as near as may be, . . , .04
according to the rule prescribed from
time to time in the province tax

acts, 409

and tlie orders of the courts of sessions, 06
selectmen and assessors to be sworn as

in case of province tax, . . . 409
to be laid on inhabitants and other residents

in each town and its precincts, . 66
and on lands and estates within the bounds

of such town, 66

lists of, how prepared by the selectmen, 64, 66
Collection of: collectors to be chosen in town

meeting 606, 653

not to be made by any other than constables
or collectors authorized by select-
men's warrant, .... 653
warrants for, to be given by the selectmen
to the constables, together with the

lists 64

directing them to collect and pay in to the
selectmen, or a receiver by them

appointed, 66

to the county treasurer or his order, . 64

within the time set for the same, . 64, 66

to be signed by the tewn clerk, . . .64

or by the selectmen, 66

form of warrant 321

constables to distrain the goods, &c., of all
persons neglecting or refusing pay-
ment, 64, 66

where goods are wanting, to commit the

party to gaol, there to remain until

he pay or be released by the court

of sessions, . . . .64,66

how to collect of non-residents having no

goods, &c., in the town, . . 410

and collectors to settle their accounts within
three months after their year has

expired, CO, 053

or so much as they have collected, . . 66
penalty for neglect, and how recovered, 66
Abatements to be made by selectmen, . 04, 66
by courts of sessions if selectmen refuse, 04, 66
Selectmen to account for taxes received, ac-
cording to order of courts of ses-
Bions, 66

886

Index.

TAXES— continued.

County treasurer to receive, and account,
to the court of sessions, or such
person as the court shall appoint,
for all receipts and payments, . 64
to call in and enforce payment of county
rates in like manner as the prov-
ince treasurer may, . . . C53, 654
to return to the general assembly, at each
May session, an account of all
moneys received, what each tovrn
paid, and how the same have been
disposed of, .... . 654

Town Taxes.
Acts and provisions regulating the as-
sessment and collection of, 64, 66, 88,
276, 410, 467, 587, 606, 616, 653
To be granted by vote of the majority
of inhabitants present at a town
meeting regularly assembled, . 66

qualification of voters, 65

for the maintenance and support of the min-
istry, schools and school-masters,

62, 63, 66
for support of the poor and for defraying
other necessary charges arising
within the town, .... 66
for the pay of representatives, . . . 89
for bounties for killing wolves, . . • 120
for watch and ward in towns, . . 382, 383

for powder, arms, ammunition,watch-houses,
fuel and candles for watch, (see,
also, Resolves, p. 791,) . . .132
To be laid by general asserably for sup-
port of ministers, if towns neglect

to provide, 597

Assessment to be made by the selectmen, *

66, 132
by assessors chosen to assess province tax, . 606
on town inhabitants, according to the known

ability and estate of each, . . 66
according to the rule prescribed from time to

time in the province tax acts, . 409
except in the town of Boston, . 468, 469, 587
Boston restored to the general rule, . 616
[In all other respects the references under the
head of assessment' o/county taxes
relate to town taxes, as well, except
the references to page 64.]
Abatement, if refused by selectmen, may be

made by courts of sessions, . . 66
Collection of, form of warrant for, . 320, 468

distress to be made for, 64

attested copy of warrant to be delivered by
constable or collector to prison-
keeper on commitment of person
seized for want of goods to be dis-
trained, 468

officer to make certificate, &c., on the copy

of warrant, 468

to be sufficient authority to prison-keeper, 468

officer's fee for copy, 468

constables and collectors to pay over collec-
tions to the town treasurer, . . 157
upon failure to pay over and account to
town treasurer within one month
after expiration of time limited in
the warrant, to be liable to be sued
by town treasurer, .... 276

TAXES— continued.

to pay over sums collected for purchase of
ammunition, &c., to chief military
officers and selectmen, . . , 132
[In all other respects the provisions regulating
the collection of town and county
taxes are identical ; and the refer-
ences under the latter head apply to
loth, except tliose to pages 64, 653
and 654.]

District and Precinct Taxes.
To be laid, by vote of the inhabitants,
for the maintenance and support

of a minister, 606

by general assembly, if minister is not pro-
vided for, ....», 597
Fixed by general assembly, on all inhab-
itants and sojourners at Cape Cod
for support of a minister, at four
pence a man per week, . . . 742
Assessors of, to be chosen by inhabitants of
precinct or district, (see Resolves,

p. 794,7 506

refusing, selectmen of the town from which
the precinct, &c., was set off, to
assess, (see Framingham,J . . 506
of Truro, to assess a rate to make up a de-
ficiency of poll-tax granted by the
general assembly for support of a
minister at Cape Cod, (the pre-
cinct of Provincetown,) . . . 742
Collection of, to be made by constable of

town or district, .... 506
by constable of Truro in the case of Prov-
incetown, 742

and of poll-tax by Ebenezer Doane, ap-
pointed collector, , , . , 742
warrant for, to be made out by assessors of
precinct, &c., in the form prescribed

for town-rates, 506

in case of Provincetown by selectmen of

Truro, 742

to distrain for poll-tax, at Cape Cod, upon
a warrant to be made by next jus-
tice of the peace, upon complaint
of the collector, .... 742

TEN"AN"TS. (See Landlord and Tenant.)
TENANTS IN COMMON. (See Partition.)
TENUKE OP LANDS. (See Massachusetts

Bay, Plymouth Company.)
TERKITOKY, EASTERN. (See Lands.)
councillors to be chosen for territory be-
tween the Sagadehoc and Nova

Scotia, 12

grants of land lying east of the Sagadehoc not
to be valid without the royal ap-
probation 18

TESTE. (See Writs, and Resolves, p. 791.)
THANKSGIVING, PUBLIC.

act appointing a day of, 148

THEFT. (See Idle and Disorderly Persons,

Larceny, Stealing)
THREAD,

of gold, silver, &c., impost on, . . . .601
THREATS. (See Menaces, <^c.)
TIERCES. (See Casks.)

tierce to contain forty-two gallons, . . .49
TILES OR SLATES. (See Boston.)

buildings in Boston to be covered with, . . 42

Index.

887

TIMBEK. (See Lumber, Trees, Trespass.)

not to be used for building in Boston, except, 42
for ships, exportation of forbidden, . . ,181
TIPPLERS, COMMON. (See Drunkenness,

Innholders, Licenses.)
TITHINGMEN. (See Innholders, Licenses,
LorcPs Day.)
To be chosen at the annual town-meetings ;

how notified and sworn, 65, 155, 328
penalty for not serving, . . . 155, 257, 329

form of oath of, 155,329

to carry a staff, 155, 329

powers and duties of, 59, CO, 155, 191, 328, 329,477,

529, 065, 679
allowed the benefit of informers, 155, 329, 477, 529
In Soston, two to be annually chosen in

each military division, (or ward,) . 680
TITLES TO LAND. ( See Conveyance of Real
Estate, Indians.)
Act for the quieting of possessions and

settling of titles, . . . .41
Act for confirmation of titles in Martha's

Vineyard and Nantucket, • 117
Act of limitation, for quieting of pos-
sessions, 299

Colony law or ordinance of 1657 ratified

and confirmed, 41

all possessions of land, with claim of title,
before October 19, 1652, and which
have not been interrupted by the
legal entry of an adverse claim be-
fore May 20, 1662, to be good and
suflicient title to the possessor, or
person claiming under him, . . 41
Three years' quiet possession, from and
after October 1, 1602, with claim of
title, to constitute a sufficient
title, ....... 41

except as against any infant, feme-covert,
person non compos mentis, impris-
oned or in captivity, who is to have
three years after the removal of
the disability 4n which to make
claim, &c., .... 41

person's beyond sea allowed seven years

from October 1, 1692, ... 42
Twelve years' quiet possession, from and
after October 1, 1692, to confer title

in like manner, 300

except as against any infant, feme-covert,
person non compos mentis, impris-
oned or in captivity, who is to
have seven years after the removal
of the disability, in which to make

claim, &c 300

not to apply to the public lands, and saving

the rights of the crown, . . .300
nor to lands purchased of the Indians with-
out license, &c., .... 301
Five years from and after the termination
of the war with the Indians, allowed
to claimants of lands east of the
river Tiscataqua, .... 300
In Martha's Vineyard and Nantucket,

confirmed, 118

Plea of title, proceedings on, in actions of
trespass, before a justice of the
peace. (See Justices of the Peace.)
TIVERTON.

act incorporating the town of, . . . . 174

TOBACCO.

impost on, . 31, 200, 201, 270, 343, 479, 492, 526
from English plantations, and which has paid

duty, exempt, 121

TOLERATION. (See Roman Catholics.)

allowed to all Cliristians except papists . . 14
TOLLING OF HORSES. (See Horses.)
TOLLS. (See ferrymen, under Fees, Millers.)
TONGUE.

punishment by boring, with a hot iron, . 297, 553
TONNAGE OF SHIPPING. (See Impost,
Vessels.)
Acts and clauses granting, 34, (continued,
104, 104,) 201, (continued, 207, 235,)
274, 344, 4.32, 482, (continued, 493,
500,) 526, (continued, 552, 566, 605,
057, 674, 696, 717, 737. )

(See Resolves, p. 791.)
Acts conferring powers on and regu-
lating the duties of officers
for collecting the duty, 104, 105, 207,
344, 351, 432, 482, 493, 680, 621, 0.39, 040
Acts providing that the duty be paid in
gunpowder and in no other
manner, 493, 520, 586, 021, 038, 039,
075, 090, 737
to be used for supply of castles and forts in

the province, 34, 274, 344, 432, 482, 526
Acts providing for payment in gun-
powder or money,

34, 274, 344, 432, 482, 526
Ships and other vessels subject to :
every ship or vessel of above
twelve tons burthen, the majority
of owners of which not belonging
to the province, entering any port
in the province to trade, to pay
twelvepence per ton every voyage,

34, 104, 274, 344, 432, 482
to be paid in gunpowder, 493, 520, and subse-
quent acts. (See above.)
except vessels arriving from the province
of New Hampshire, colonies of
Connecticut or Rhode Island,
province of New York or East
or West Jersey, which are not
to pay more than twice a year,

104, 274, 275
vessels arriving from these places, or the

colony of Pennsylvania, . . 482, 529
vessels importing provisions, . . . 227
such part of any vessel liable to, as belongs
to persons living out of this prov-
ince and not inhabitants of places
heretofore excepted, . . 586, 040
all merchant ships or other vessels sailing
from the province, (except boats
employed for fetching wood, tim-
ber, stones or fish, to be used in the
province,) to pay, every voyage,
besides former duty, sixpence per

ton, 104, 201, 274

twelvepence per ton, 274

vessels not obliged to clear at the naval
oflice, liable and how recovered,

165, 208
To be paid by master or owner,

104,274,344,4.32,482
and commissioners empowered to examine

master upon oath as to ownership, 640

888

Index.

TONNAGE OF SHXPTIN Ch-continued.
To be paid to province treasurer, or such
other person as may be appointed
in the several ports, . . -34
to commissioner of impost or his deputy, 164, 274,
344, 351, 432, 482
Measvirement of tonnage of vessels,

rule of, ... . 104, 208, 275
account of dimensions to be given by master
or owner, under his hand, to the
commissioner or his deputy before

lading, 165,274

justice of the peace to issue warrant for

measurement, when, . . 105, 274
to some able ship-carpenter, . . 165, 274
justice may administer oath to measurer,

165, 274
fees for warrant and oath, . . . 105, 274
commissioner when to appoint measurer,

432, 482

measurer's fee, 105, 274

by whom paid, . . . 105,274,433,482
Certificate of payment of duty to be given

by commissioner, . . 104, 274, 282
or that security has been given therefor, . 433
or that the vessel is exempt, . . . 482
to be delivered to the naval officer before

clearance, . . . 164, 274, 433, 482
Duty, how recovered at law, . . 165, 208
Penalties, liow recovered and disposed

of, 276

Farming of duty authorized, . . .104
TOOLS.

and implements necessary for the owner's
trade and occupation, exempt from
distress for taxes, .... 412
exempt from seizure upon execution, . . 332
TOWN CLERKS. (See Districts, Precincts,
Towns. J
to be chosen at the annual town meeting in

March, 65

to be sworn to the faithful discharge of

their duties, &c., . . . .05

form of oath of, 79

by whom administered, . . .65, 443
Powers of:
to administer oaths in towns where no jus-
tice of the peace dwells, 166, 243, 201,
280, 304, 340, 380, 406, 409
to issue writs of replevin, summons and at-
tachment in civil cases within the
jurisdiction of a justice of the

peace, 75, 283

to issue subpoenas for witnesses in civil

cases, ... 75, 283, 286, 374, 405
writs issued by, to be directed to the con-
stables 75, 283

subpoenas to be directed to the party sum-
moned to testify, 75, 283, 280, 374, 465
Duties of:
to enter and record all town votes; orders,
grants and divisions of land, made
by the town; and orders made by

tlic selectmen 05

to record by-laws and furnish copies therof,

&c., 218

to record proceedings of selectmen for pun-
ishing breaches of town by-laws,

&c., 218

to register births and deaths; fee, . .104

TOWN CIj'EB.'KS— continued.

and issue certificates thereof; fee, . . 105
to register marriages; fee, . . . .210
to enter all horses feeding upon the common

lands; fee, .... 138, 139

to enter strays and lost goods ; fee, . . 326
to enter certificates of searchers of tar; fee, 633
to toll horses that are to be exported; fee, . 444
to make out and give to constables, names of
town clerk, constables, tithiugraen,
clerk of the market, sealers of
leather and other town officers
elected at town meeting and re-
quired to be sworn, .... 05
also of names of assessors chosen at town

meeting, 407

to lay lists of passengers arriving, &c., fur-
nished to them by receivers of im-
post, before the selectmen, . . 452
to account annually to the selectmen for
moneys received from freeholders,
&c., for extra number of horses
allowed to feed upon the common

lands 139

TOWN HOUSE. (See Boston.)
TOWN MEETINGS.

To be held annually, in March, . . .65

and at otlier times, 68

for the choice of town officers, (see Towns,) . 65
the raising of money for town purposes, . 60
the making of by-laws, . . . .66

and business of public concernment for the

town, 08

Selectmen to issue warrants for, . . .08
Justices of the peace to issue warrants for,
signifying the occasion tlioreof, in
case the selectmen unreasonably

refuse, 68

Clerks of the courts to issue warrants for,
for the choice of jurors,

74,280,308,370,372

and for the choice of grand jurors, . 74, 193

To be warned by the constables, 08, 74, 193, 286,

368, 370, 372

penalty for neglect, 68

Votes in, for the election of officers to be by
the majority of th.e qualified inhab-
itants assembled, (see Resolves,

p. 795,) 65

for the raising of money to be by the major
part of the qualified voters present
in town meeting, (see Taxes,

Towns,) 66

Qualificaiion of voters in : for choosing
town officers and raising money ;
the freeholders and other inhabi-
tants of, ratable at twenty pounds
estate to one single rate besides
the poll-tax, (see Resolves, p.

793,) 65

for the choice of county treasurer, . . 03
for the choice of jurors; the freeholders and
other inhabitants of each town
owning real estate worth forty
shillings per annum or personal
estate worth forty pounds, . . 74
the freeholder.^ and other inhabitants of
each town qualified as directed in
the charter, . . 2S6, 368, 370, 372
(See Representatives.)

Index.

889

TOWN MEIjTINQS— continued.

for the choice of representatives, 11, 80, 147,
148, 202, 249, 282, 295, 315, (and see
note to 1C98, chap. 4, onp. 363 J
persons removing into town, (not being free-
holders there, or being natives of
the town, or having served ap-
prenticesliip there, and not having
become inhabitants elsewhere,) not
to have the privilege of electors,
unless approved as inhabitants by
the selectmen, or the town, upon
their application, .... 452
Officers to be chosen at the annual meet-
ing : selectmen, overseers of the
poor, town clerk, a commissioner
for assessments, constables, survey-
ors of highways, tithingmen, fence-
viewers, clerks of the market, seal-
ers of leather and other ordinary

town officers, 05

fence-viewers and haywards or field-drivers, 138
two persons to see to the enforcement of the
act relating to horses feeding upon

common lauds, 139

town treasurer, 157, 384

assessors of taxes, 406,407

collectors of taxes, 409

stirveyors of lumber, 655

hogreeves, 730

what officers so chosen to be sworn, (see

Oaths,) 65

penalty for refusing to swear, . . .65
Special town meetings to be called for the

filling of vacancies in town offices, 587
for the choice of petit jurors, 74, 286, 368, 370, 372

of grand jurors, 74, 193

Town clerks, their duties at. (See Town
Clerks,)

Acts to be read at, 679

Towns. (See Contagious Diseases, Inhabi-
tants, Poor, Selectmen, Town Clerk,
Town Meetings, Town Treasurer,
Workhouses.)
Acts incorporating,—

Tiverton, 174

Harwich, 181

Attleborough, 184

Truro, 642

Norton, 676

Pembroke, 684

Medway, 722

Former boundaries and names of, con-
tinued, 64

And places, to elect to the general as-
sembly (by the charter) two rep-
resentatives each, ( see Representa-
tives,) 11

Act for admission of inhabitants of, (see

Inhabitants, Town Meetings,) . 451
towns, how secured from liability for support

of immigrants imported there, . 452
who to be admitted inhabitants of, . 452, 453
(See Resolves by the Council, p.

795.)
persons not inhabitants of, to be warned

and sent away, . ,. . . 67,453
penalty for returning after having been

warned, &c., 453

to support their own sick in other towns, 453
112

TOWNS— continued.

To raise money for the maintenance and
support of the ministry, schools,
the poor, and for defraying other
necessary charges arising within
the town, (see Taxes, and Re-
solves, pp. 791, 793,) . . . 6»
by vote of the major part of the qualified

voters present in town meeting, . 66
for pay of their representatives in the gen-
eral assembly. (See Bepresenta-
tives.)
for pay of the town treasurer, . . 157,384
for purchase of stock of arms and ammu-
nition, 131

of materials and tools for the employment

of paupers in workhouses, . . 380
for bounties for the killing of wolves, . . 120
for the support of their inhabitants sick in

other towns, 469

for the purchase of weights and measures, 69, 576
To sue and be sued, and to appoint agents

or attorneys for those purposes, 182, 183
Officers of, to be chosen at the annual
town meeting, (see Town Meet-
ings,) 65, 138, 139, 157, 384, 406, 407, 409,
655, 730
vacancies in, to be filled at any other than

the March meeting, .... 587
by the majority vote of the qualified inhabi-
tants assembled, (see Resolves,

p. 795,) €5

( For particulars relating to town officers, see
under their several titles.)
Ministers to be chosen at special town meet-
ing duly warned, (see Ministers,) . 62
By-laws, &c., for directing, managing and
ordering the prudential affairs of
towns, to be made by the inhabi-
tants at town meetings, or by the
selectmen upon written instruc-
tions from the town, . . 66, 218
penalty for breach of, limited to twenty shil-
lings, 66

not to be repugnant to the general laws of

the province, 66

after approval by tlie justices in sessions, to

be binding upon all the inhabitants, 66
to be binding without approval of the ses-
sions 218

to be enforced by warrant of distress from a

justice of the peace, 66

by warrant of the selectmen, or town clerk

upon order, &c., .... 218
in such case the town clerk to keep a record

of proceedings, .... 218

Perambulation of boundaries to be made
trienuially by two of the selectmen
of each town, or any other two
persons whom the selectmen shall

appoint, 64

the selectmen of the most ancient town to
notify the selectmen of the adja-
cent towns of the time and place
of meeting six days beforehand, . 64

penalty for neglect 64

Stock of arms and ammunition for, to be

provided by the selectmen, . . • 131

of what to consist, 131

penalty for not being provided with, . • 131

890

Index.

TOWNB— continued.

"Watch and ward in. (See Militia, Ser-
vice.)
watches to be kept ia, (see Watch and

Watchmen,) .... 381,699
watcli-liouses may be erected in the highway, 312
' Iiiabilities of, (see Contagious Diseases,
Poor,) for damages caused by de-
fective town-ways, . . . .137
to pay county rates assessed by the courts of

session, 63, 64

penalty for neglect to settle and maintain

sclioolmaster, 63

for not choosing selectmen, . . . 218, 407
fornot choosing assessors of taxes, . .407
for failure of constable to collect tax, (see

Taxes,) 411

Weights and measures, towns to be pro-
vided with, (see Measures,) . 69, 576
TCWNSMEN. (See Selectmen.)
TOWN TKEASUBER. (See Taxes, Towns.)
Keceivers of taxes to be appointed by the

selectmen, 66

Treasurers to be chosen at the annual town

meeting, 157, 384

to be sworn, 157, 384

Powers and duties of:
to demand and receive all debts and dues be-
longing or owing to such town or
the poor thereof, . . . 157, 384
and to sue for and recover the same at law,

157, 384
to pay out, upon the order of the selectmen
or overseers of the poor, such sums
as the town has voted, . . 157, 384
to pay bounties for wolves, .... 196
to sue defaulting collectors, .... 276
to 6ue justices of the peace for fines recovered
to the use of the town or the poor

thereof, 449

Fines, how accounted for to, . . . . 449
Constables answerable to, for sums assessed
against the town through their de-
fault, 411

Accounts to be rendered by, to the town an-
nually, 157, 383

Allowance for services to be made to, by

the town 157,384

TOWN- WAYS. (See Ways.)
TBADE, BOARD OF. (See Privy Coun-
cil.)
Committee (of the privy council) on
trade and plantations :

votes and orders of, 78, 109

letters and instructions from, . . 35, 37

Lords conxmissioners for trade and

plantations :

reports and opinions of, 114, 117, 145, 170, 185,

203, 223, 237, 249, 262, 307, 308, 322, 336,

353, 363, 375, 377, 417, 419, 457

votes and orders of, 123, 231, 232, 364, 487,

580, 705
letters from, 123, 159, 203, 232, 262, 263, 287, 290,
308, 364, 487, 579, 580, 705, 706
TBAININGS. (See Militia.)
TBANSPOBTATION OP MILITIA. (See

Militia.)
TBANSPOBTS.

taxes laid for the hire of (See naval service,
under Service.)

TEAVEL. (See Fees.)

allowance for, to sherift's, marshals or con-
stables, 87

to coroners, 429

to discharged soldiers, .... 531, 571
to witnesses, . . . .76, 287, 374, 465
TEEASON. (See High Treason.)
TEEASUBBB, COUNTY. (See Counties,
Taxes.)
Colonial, arrears of taxes since May 1, 1689,
to be paid to, before December 10,

1692 29

In the province, to be annually chosen in
each county, by the qualified voters
of each town, in town meetings, . 63
votes for, to be given in writing, and sealed
up and returned to the next court
of sessions by the constable, . 63

to be opened and assorted in the presence
of the justices by such persons as
they shall appoint, . . . .63
election of, to be by a majority of the votes

cast ; voters how qualified, . . 63
to be sworn before the court of sessions, . 63
to inform the court of sessions as to the need
of raising money for county pur-
poses, 63

to receive county rates from the constables,

&c., 64

and to enforce the payment thereof in the
same manner as the province treas-
urer enforces payment of the prov-
ince tax, 653, 654

to pay out moneys according to the written
direction and appointment of the
court of sessions, . . . .64
to account to the court of sessions, or to such
person as they shall appoint, for all
his receipts and payments, . . 64
to account to the general assembly, at each
May session, for all moneys re-
ceived, what each town paid, and
how the same has been disposed of, 654
to receive the fines of delinquent jurors, . 193
to receive fines arising under the act for reg-
ulating prisons, .... 426
clerks of courts to return an account of fines

to , . .449

to pay jurors upon the certificate of the

clerks of courts, . . . .194
TEEASUBEB AND BECEIVEB-GEN-
EBAL OF THE PBOV-
INCE. (See Bills of Credit,
Taxes, Treasurers)
To issue warrants for the collection of

taxes. (See Taxes.)
To collect the duty of tonnage of ship-
ping. ( See Tonnageof Shipping.)
To pay certain debts in grain, provisions

or clothing, at current prices, . 93
To pay debts of the colonies of Massa-
chusetts Bay and New Plymouth,
and of the province, . . .140

To account to the general court, from

time to time, for all disbursements, 230
To receive from the clerks of assize,
oyer and terminer and sessions
schedules of estreats of fines, &c.,
delivered by them to the sherifi"s,

127, 128

Index.

891

TEEASUBER AND BECEIVER-GEN-
ERAL OP THE PROV-

INCS— continued.

Justices of the peace, how to render

account of fines to, . . 449

To bring suits against justices of the

peace for fines, . . . .449

To emit and exchange bills of credit.
(See Bills of Credit, Kesolves,
pp. 791-3.)

To exchange bills of credit, (see Re-
solves, p. 794,) . . . 666,724

To redeem certain counterfeit bills, . 557

To provide beams, scales and Troy-
weights, marked witli the ex-
chequer stamp, .... 576

To prove and seal standard weights

and measures for towns, . . 69
TREASURERS.

Exempt from military duty, . . .130

Colonial treasurers and receivers to receive
taxes committed to collectors since
October 1, 1689, Csee Taxes, J . 27, 28
to issue warrants therefor, in case, . 27, 28
TREASURY, LORDS COMMISSION-
ERS OP THE,

Reports of, on acts, to the lords commission-
ers for trade, &c., .... 122
and to the privy council, ... 153
TREASURY, SECRETARY OP THE,
(in England.)

Correspondence between the secretary, lord
high treasurer and the lords of

trade, 704, 705

TREES. CSee Trespass.)

Cutting of, on the public lands permitted

for the curing of fish, &c., . . 20

Pit for masts, for the navy, (being at least
twenty-four inches in diameter at
twelve inches from the ground,)
growing upon land not granted to
any private person, reserved to

the crown, 20

penalty of one hundred pounds for cutting
such without license from the
crown, 20

TRESPASS. CSee Common Fields.)

action of, to lie against informer, for damages
resulting from legal process granted
upon a groundless information,

32, 271, 274, 393
penalty for illegally cutting or carrying away

timber, trees, &c., . . . 156, 324
penalty for injuring fields, orchards, gardens,

fences, &c., 324

to pay damages to party injured, . . 156, 324
penalty for second offence ; — fine besides dam-
ages, 156, 324

to be recovered before a justice of the peace
when the forfeiture does not ex-
ceed forty shillings, . . 156, 324
if breach of peace is disclosed in trial of, party

offending to be fined, . . . 325
plea of title to land in actions of, before a

justice of the peace, . . . 324
(See Justices of the Peace. J
TRIAL. C See Actions, Pleadings.)

By jury. (See Jury.)
TROOPERS. (See Militia.)
TRUCKMASTERS. (See eastern Indians,

under Indians.)
TRUMPETS AND TRUMPETERS. (See

Militia.)
TRUSTEE PROCESS. (See Debtors, Absent

or Absconding.)
TRURO.

town of, Incorporated, 642

selectmen or assessors of, to assess, and issue
warrants for collecting taxes at

Cape Cod, 742

constablewick of, to include Cape Cod, . . 742
TRUSTEES. (See Districts, Precincts, Taxes.)
TRUSTEES OP SCHOOLS.

empowered to sue and be sued, by themselves,

or by their agents or attorneys, . 182
TRUSTS.

declarations of, to be in writing, unless the

trusts arise by implication of law, . 47
assignments' of, to be in writing, . . .47
TURPENTINE. (See Tar.)
T"WTST.

of gold and silver, impost on, . . . .501

UNWHOLESOME PROVISIONS.

penalty for exposing to sale inflated veal or

other meat, 60

how seized and forfeited, . , ... .60
USAGE.

(See Farmers, Usury.)
USURY.

Act for the restraining the taking ex-
cessive usury, . . . .113

Rate of interest for the loan of money, es-
tablished at the rate of six per
cent., per annum, from and after
August 1, 1693, 113

USURY^— continued.

all contracts and assurances made after that
date, wherein a higher rate is re-
served, to be void, . . . .113
all persons receiving or contracting for a
higher rate of interest, to forfeit the
value of the goods or money lent,. 113
forfeiture to be divided equally between

the government and the informer, 113
Farmers' usages, in the letting of cattle,
&c., maritime contracts among mer-
chants, bottomry and exchange,
not to be affected by the act, . . 113

892

Index.

VAGABONDS. (See Idle and Disorderly Per-
sons.^
VALUATION- OF ESTATES. (See
Taxes.)
Act for better inquiry into the ratable

estate of the respective towns, 515
Act for better inquiry into the ratable
estate of the respective towns
of this province, . • ■ Cll
VATS. (See Tanners.)

tanners not to heat then- vats, &c., . . . 312
VAULTS. (See Castle at Castle Island)
VEAL. .(See Cruelty, <^c., Unwholesome Pro-
visions.)
VENISON. (See Deer.)

VEKDICT, (See Coroners, Forcible Entry and
Detainer, Jury, Ways.)
of coroner's jury, forms of, .... 428,429
VESSELS. (See Coin, Commissioners of Im-
post, cfc, Contagious Diseases, Im-
post, Leather, Provisions, Slaves,
Tonnage of Shipping.)
Entry and clearance of: (See Impost,
Naval Office.)
fees for entry to be paid by masters of, . 35
no entry, clearance, bond or certificate re-
quired of coasting vessels, carrying
an amount of commodities not ex-
ceeding six hogsheads or one ton
and one-half, within the province, 121
masters to give bond when the cargo ex-
ceeds that amount, . . . .121
certificate of payment of tonnage duty to be
delivered at the naval oflSce before
clearing, . . . 160, 274, 433, 482
Survey of: all vessels or ships of thirty tons

or upwards to be surveyed, . 114, 352
surveyors, how appointed, . . . 114, 352

to be sworn, 114, 352

duties of, 114, 352

allowance for services ; how paid, . 114, 353
penalty on builder neglecting to amend de-
fects adjudged by the surveyors,

114, 353
for covering the frame before survey, 114, 353
every tier of timber to be surveyed before
being enclosed or covered with

plank, 114,352

all oak timber used to be white oak, . 114, 352
Coasting vessels allowed to carry a certain
amount of imported goods within
the province without entry, clear-
ance, bond or certificate, . . 121
Taxes on boats and small vessels not liable

to tonnage duty, , . . 167, 213
Tonnage duty (see Tonnage of Shipping,)

to be paid on, 34, 164, 274, 344, 432, 482
vessels importing provisions, exempt from. If
the principal part of the cargo con-
sists of provisions, . . . .227
other vessels exempt, . 164, 274, 275, 482, 526
to be paid only by non-residents, . . .586
how recovered, 165, 274

VE S SBIjS— continued.

Measurement of : rule of, . . 164, 208, 275
master to deliver to the commissioners of
impost a written account of the
vessel's dimensions before loading,

104, 165, 274
measurers of, how appointed by justices of

the peace, 105, 274

by commissioners of impost, . . 432, 482
fees of; how paid, . . 165, 274, 433, 482

fee of the justice appointing surveyor, 105, 274
Masters of, (vessels of over thirty tons bur-
then, engaged in foreign trade,)
exempt from military duty, . . 130
to pay duties of tonnage of shipping,

104, 274, 344, 432, 482
to deliver certificate of payment of tonnage
duties at the naval office before
clearing, . . . 104, 274, 433, 482
commissioner to examine on oath as to

ownership of vessel, . . . 640
liable to owners for penalty incurred through

their default or neglect, . . . 481
to furnish receivers of impost, with lists of

passengers, 452

to carry back certain passengers, or give se-
curity for them, &c., . . . 452
to make oath to the vessel's manifest, . 236, 270
not to export bullion ; form of oath under

the act against exporting bullion, 307
not to ship horses before they are tolled;

penalty, 444

not to ship tar that has not been gauged ;

penalty 575

not to receive minor sons or servants with-
out the consent of their masters or

parents; penalty 192

to keep merchantable and unmerchantable

malt, in their vessels, separate, . 447
to enter all negroes imported by them, . 578

penalty for neglect, 579

their duty in case of contagious diseases
among the passengers, &c. (See
Contagious Diseases.)
arriving at Boston with letters, &c., to de-
liver the same to the postmaster,

116, 117
and receive a halfpenny for each letter so

delivered, 117

to report to commissioner of impost, before

breaking bulk, 119

and render to the commissioner a written

account of the cargo, . . .119
penalty for unlading before rendering such

account, 119

Liability of master and vessel for duty

on negroes imported, . . . 579
Vessel, tackle, apparel and furniture
liable for impost, and default of
master, . . . . . 481,513
and to forfeiture, for exporting pitch, tar and

and rosin 181

VETO, (or negative voice.) (See Governor.)

Index.

893

VTCE- ADMIRAL. (See Admiral.)
VICTUALLERS, COMMON. (See Innhold-

ers, <^c.)
VIEW OF ARMS. (See Militia.)
VIEW OE OFFENCES. (See Justices of the

Peace.)
VIEWERS OF FENCES. (See Fences.)
VIEWERS OF SHXNQLES. (See Shingles.)
VILLAGES. (See Districts, Precincts, Towns.)
empowered to sue and be sued, and to appoint
agents and attorneys for that pur-
pose, 182, 183

how served with summons, .... 183
VISITATION". (See Harvard College.)
VOLUNTEERS. (See Indians, Service.)

VOTERS. (See Electors, Town Meetings.)
for representatives, challenged by selectmen,

to be sworn,. &c., .... 148
VOTES. (See Jurors, Representatives, Town
Meetings.)
For county treasurer, to be in writing, . 0$
to be sealed up by the constable and re-
turned by him to the next court of

sessions, 63

to be assorted and counted in presence of the

justices, 63

For representatives, to be cast unfolded, . 147
to be deposited with the selectmen, or con-
stables appointed to receive the
same, 147

WAGER OP LAW. (See Law.)
WAGES. (See Service.)
WAITERS. (See Impost.)
WALLS. (See Fences, Party- Walls.)
WANTONNESS.

in speech or behavior. (See Idle and Disor-
derly Persons.)
WAR. (See Enemies, Militia, Prisoners, Service,
Taxes.)
Martial law to be exercised in time of, . . 18
WARDENS. (See Poor, Work-houses.)
WARDS. (See Boston.)
WAREHOUSES. (See Storekeeper.)

liow assessed for taxes. (See Taxes.)
WARES.

how assessed for taxes. (See Taxes.)
WARNING. (See Inhabitants, Poor)
WARRANT. (See Taxes, Writs.)

from governor and council, taxes to be dis-
posed of by, 16

WASTE. (See Dcnoer, Estates of Persons De-
ceased.)
executors and administrators personally liable

for, 537

scire facias to be brought in such case ; pro-
ceedings, 537

tenant in dower liable to action for, . . . 451
WASTE LANDS. (See Fish.)

■wharves, stages and work-houses for the fish-
ing-trade permitted to be erected

upon, 20

WATCH AND WATCHMEN. (See Militia,
Negroes, Service.)
In towns : act for Iceeping of watches in

towns, 381

act for explanation of and in addition to the

act for keeping, &c., . . , 699
watch and ward to be kept in towns, from
nine o'clock in the evening untU

sunrise, 381

watchmen, how appointed, and their duties,

861, 382, 699
who liable to : all male persons of sixteen
years of age and upwards, being
able of body or having sufficient
estate to hire substitutes, . . 380

WATCH AND WA.1}CWMEN— continued.
persons exempted : members of the council,
justices of the peace, members of
the assembly for the time being,
the president, fellows and students
of Harvard College, ministers,
grammar-school masters, the sher-
iff of each county, the chief com-
missioned oflBcer of each military
company and troop, for the time
being, the officers of the governor's
troop of guards, and persons living
two miles from the place where
, the guard is kept, .... 382

penalty for not attending, upon being warned, 382
qualifications of watchmen to be fixed by

towns, 69tf

one sober, discreet, able-bodied householder

to command the watch, . . . 699
captain of the watch to carry a quarter-pike

surmounted with a spire, . . 699
watchmen to carry a staff, with a bill fastened

thereon, 699

powers of watchmen to arrest and confine
disturbers of the peace and sus-
pected persons, . . . 382, 699
to specially observe and inspect houses of

ill-fame, 382

watchmen and constables to attend the
members of the council, justices of
the peace or selectmen whenever
they shall go the rounds; and to
obey their lawful commands, . . 699
fees of gaoler for keeping prisoner over night, 699
WATCH-HOUSES. (See Resolves, p. 793.)

may be erected on the highway, . . . 312
WATERS. (See Massachusetts Bay, Plymouth

Company.)
"WAYS. (See Boston, Disturbance, Lord's Day,
Nuisances, Sewers.)

Act fpr highways, 136

Act to prevent incroachments upon

highways, streets, &c., . • 311
Highways :
courts of sessions to lay out or alter high-
ways, 136

894

Index.

'WAYS-^continued.

to appoint a committee of freeholders to
examine and report upon the ne-
cessity and convenience of the way
or alteration, . . . . . 13C

if the committee judge it to be of common
necessity or convenience, the court
to issue a warrant to the sheriff for
a jury to view and lay out the same, 136
method of proceeding, .... 136

return to be signed by the sheriff, or his
deputy, and the jurors, and rend-
ered to the next court of sessions, 137
to be allowed and recorded, . . . 137
damages to proprietors to be paid by the
town in which the way is laid out
or altered, ...... 137

to be assessed by the jury that laid out

or altered the way, .... 137

appeal on the question of damages al-
lowed to the court of sessions, .1.37

costs how paid, 137

Streets in Boston, to be laid out in open
lands, or after fires, by the justices
of the peace and selectmen, or the
majorpart of them, . . . .42
damages for land taken, to be assessed by a
jury appointed by two justices of

the peace 42

to be paid by the person to whose estate
land is added, or by the neighbor-
hood, or town, &c., . . . .42
Private ways, selectmen empowered to lay

out, in towns, .... 137, 721
damages, in such case, how assessed and paid, 137
court of sessions to lay out, &c., if selectmen

unreasonably delay, . . . 721
to appoint a committee, .... 722;

to award damages, 722

to be assessed by a jury, . . . .722

how paid, 722

Surveyors of highways, two or more to be
chosen at the annual town meet-
ing, 65, 136

to be sworn, 136

penalty for refusing to serve, or for neglect

of duty, 1.37

their powers and duties : to see that all high-
ways, private ways, causeways and
bridges, lying within the town, are
kept in repair, so as to be safe and
convenient for travellers, teams

and drovers, 136

to cut down, dig up and remove all trees,
bushes, stones, fences, rails, gates,
enclosures, &c., that may obstruct
or incommode the highways, . 136
to dig for stone, gravel, clay, marl, sand or
earth, in any land not planted or

enclosed, 136

to impress any carriage, workmen, &c., for

service upon the highway, . . 136
and fix a price for the same, by agreement, 136
or, in case of disagreement, two justices of

the peace to decide, . . . ,136
to give public notice of working upon the

highway, 136

all persons liable to work, (that is, of sixteen
years of age and upwards,) to attend
by themselves or their substitutes, 136

"WAY'S— continiied.

penalty on persons neglecting to attend,

or send their teams, . . .136
Ifuisances, by obstructing highways, how

abated, 137

by incroachment upon, how abated, . . 311
conduits, watch-houses, cages and stocks not

prohibited in highways, . . . 312
court-houses and schoolhouses allowed in.

(See Resolves, p. 793.)
drains and sewers may be laid in ; and how,

• (see Sewers, J 643

in private ways, how abated, . . . .137
appeal allowed to parties aggrieved by

abatement of, 137

Damages, happening through defects in,

towns and counties liable for, . 137
for death of party, caused by such defect,

when and by whom recoverable, . 137
"WEAPONS.

ofiensively carried, justices of the peace may
seize and take away and cause to

be forfeited, 53

persons riding with, or carrying, offensively,

how punished, . . . . 52, 53
"WEARS. (See Fish, Nuisances.)
WEIGHERS OP HAY. (See Boston.)
"WEIGHTS. (See Hay, Measures.)
"WELLS. (See Frontiers.)
"WESTERN ISLANDS. (See Wines.)
"WHALES. ( See Eoyal Fish.)

whales and balene granted by the colony

charter, 5

grant confirmed by the province charter, . 19
WHARVES.

for fishing-trade allowed to be erected on the

public lands, 20

how assessed for taxes. (See Taxes,)
WHEAT. (See Bread, Ch-ain.)

prices to be posted by the selectmen, . . 253
"WHIPPING.

offenders to be punished by, 52, 53, 07, 123, 151, 156,
171, 209, 210, 224, 297, 324, 325, 378, 380,
425, 514, 530, 578, 674
"WIDO"W.

Or next of kin, of intestate, entitled to ad-
minister, 44

of testator, when entitled to letters of ad-
ministration with the will an-
nexed, 44

when to be Mted to administer, . . ,45
Dower of.

(See Dower.)
Share of, in the personal estate of her hus-
band, intestate, . . . .44
not to be defeated by her husband's will,

made before marriage, . . . 430
Allowance to widow and family, . . .622
Of ministers, exempt from taxation. (See
Taxes.)
WTGS. (See Periwigs.)

"WILLS. (See Devises, Executors, Probate of
Wills.)
Governor and council to have jurisdic-
tion of the probate of, . . 15
Probate of, how and when made. (See

Probate of Wills.)
To be recorded in the register's office in
the county where the testator last
dwelt, 45

Index.

895

WILLS — continued.

Posthumous children, not provided for in,
to have the same share and interest
as if the testator had died intestate, 429
Children omitted in, to have the same
share and interest as if the testator
had died intestate, .... 430
(See Resolves, p. 794.)
"Widow, where the will was executed before
marriage, to have the same share
and interest in the testator's estate
as if the husband had died intes-
tate, 430

act not to apply to testate estates already

settled, (June 28, irOO,) . . .430
Nuncupative wills, from and after Pecember
31, 1692, where the estate be-
queathed exceeds thirty pounds,
not valid unless proved by the
oaths of at least three witnesses
who were present at the making

thereof, 47

nor unless declared to be his will by the
testator at the time of making

thereof, 47

nor unless the same was made during the
testator's last sickness, and in the
house where he had resided for ten
days, or more, next before making
thereof, . . . . . .47

except in cases of unexpected sickness and

death, away from home, . . .47
proof of, not to be admitted after six months
from the speaking of the testa-
mentary words, unless the testi-
mony, or the substance thereof,
has been put in writing within six
days' after the making of the will, 47
letters testamentary and decree of probate
on, not to be made within fourteen
days' after the testator's death, . 47
not to be proved until after citation to the
widow or next of kin of the de-
ceased, 47

Revocation and alteration of, not to be
made verbally, unless the words
have been put in writing and read
to and allowed by the testator, and
proved by three witnesses, . . 48
Of soldiers and seamen : soldiers in actual
military service, and mariners or
seamen at sea, to dispose of wages
and personal estate as formerly, . 48
■WUraJS. (See Excise, Impost, Retailers, ^c)
Excise, on passado, Malaga, Canary, sherry

and Madeira wines, 32, 57, 103, 272, 344,

391, 433, 434, 47G, 528, 602, 716, 738

on Fayal wine, . 32, 57, 103, 272, 602, 716^ 7.38

on Malmsey wine, 344, 391, 433, 476, 528, 662,

716, 738
on port wine, 344, 392, 434, 476, 528, 662, 710, 738
on common wines of the Western Islands,

272, 344, 391, 433, 476, 528, 662, 716, 738
on other wines, 57, 392, 434, 476, 528, 602, 716, 7.38
Iiupost, on passado, Madeira, Canary and

port wines, 31, 200, 269, 343, 478, 492,
501,526

on Fayal wine, 31, 200

on Malmsey wine, 343, 492

on Malaga wine, 31, 200, 209, 343, 478, 492, 520

'WLTU'ES— continued.

on sherry wine, . 31, 269, 343, 478, 492, iJOl, 526
on common wines of the Western Islands,

269, 343, 478, 492, 501, 520
on other wines, . . .57, 269, 343, 492, 526
Allowance or rebate. (See allowance, <fc.,
under Impost.)
to be made for leakage, . . . 31,272,480
to be made for decayed wines, . 236, 272, 480
Drawback allowed on wines exported, (see

drawback, under Impost,) 31, 208, 236,
272, 344, 346, 501
"WTRTNISIMMET FERRY, (Chelsea.) (See
Fees.)
suitable boats in good repair to be kept at,

on both sides of the water, . . 256
hours of crossing regulated, . . . 250,683
penalty on ferryman for neglect of duty, . 256
mails and public messengers to be trans-
ported and without charge, . . 257
three boats to be kept at, .... 683

two boats to be kept on the Winnisimmet
side every night, and one on the

Boston side, 683

to transport " passengers, horses and other

things," 683

boats to be always passing, by turns, ex-
cept, &c., 683

to carry the mails, 683

ferrymen to be able and sober, . . . 683

toU or fee, 083

to be paid before landing, .... 684
change for more than three shillings and
sixpence not to be required of the

ferryman, 084

ways to the landing to be kept in good re-
pair, 084

WITCHCRAPT. (See Charms, Dead Bodies.)
Witch declared to be a man or woman that
is, hath, or consulteth with a fa-
miliar spirit, Cseeno<e on p. 56,^ . 55
witches to be punished with death, . . 55
invoking or conjuring wicked spirits, or con-
sulting with, employing or dealing
with them, to be punished with

death, 90

disinterring dead bodies, or portions thereof,
to be used • for witchcraft, sorcery,
charms, &c., to be punished with

death, 91

practising witchcraft, inchantment, charm
or sorcery, whereby any person
shall be killed, or injured in body,
to be punished with death, . . 91
practising witchcraft for the discovery of
hidden treasures or of goods lost
or stolen; or with the intent to
provoke any person to unlawful
love; or to destroy or injure any
person, although the same be not
efiected ; or whereby any cattle or
goods of any person shall be de-
stroyed or wasted, to be punished
by imprisonment, &c., . . .91
on second conviction to be punished with

death, 9\

WITHS. (See Strays.)

WITNESSES. (See Court 8- Martial, Devises,
Evidence, Oaths, Perjury, Purga-
tion, Travel, Wills.)

896

Ikdex.

"WITWESSBS— continued.

Subpoenas for, to be issued by town clerks or

clerks of courts, 75, 283, 280, 37i, 465
to be directed to the party summoned as a

witness, . . . ' . 75,280,374,465

form of, 62, 319, 465

Penalty for non-appearance : witness to be
fined, and to be liable for damages
to the party injured thereby,

70, 287, 374, 465
for refusing to testify in prosecutions for

breach of license laws, . .' .57
the party accused, his children and servants

excepted, ...... 57

Allowance to, for travel and attendance,

70, 287, 374, 465
Oath of, no other ceremony to be used in ad-
ministering than lifting up the
hand, .... 75, 287, 374, 465

Before coroner's jury, how summoned and

sworn, (see Coroners,) . . , 428
Two witnesses required in prosecutions for

high treason, 255

to separate sales, to be sufficient for convic-
tion under the license law, unless
denied, &c., 155, 156, 329, 477, 528, 529
Incompetency of:
convicted perjurers, and suborners of per-
jury, rendered incompetent and
not to be sworn in any court of

record 54

Depositions out of court, when and how

taken, 225

adverse party to be notified; and how, . 225
proceedings in taking; and return, . 225,220
to be returned under seal, unless by the
justice before whom they were

taken, 226

parties interested not to write out the testi-
mony, . . ... . .220

justice of the peace empowered to summon
witnesses to depose before him in
any civil or criminal case, where the
witness is bound to sea before the
timeof the trial, .... 226

the adverse party to be present, or have no-
tice, 226

notification not required to adverse party
in the proof of bonds and other
written instruments signed by the
party executing the same, or to
accounts or depositions relating to
persons out of the province, or to
be sent beyond sea, .... 226
in perpetuam rei memoriam, to be taken be-
fore some court of record, or two
or more justices of the peace,

quorum unus, 226

WOLVES.

Act encouraging the killing of, . . 120

Act to supply defects of former act, . 196
bounty for killing, amount of and how paid, . 120
to be annually assessed upon the inhabitants

of towns, 120

constables or selectmen to give receipts for

wolves' heads, 196

constable to cut off both cars in presence of

the selectmen, 190

payments to be certified to the province

treasurer; form of certificate, .196

WOJjYBS— continued.

province treasurer to provide blank certifi-
cate, and affix his seal thereto, . 196
■WOMEN. CSee Assault, Dower, Marriage,
Taxes.)
single, to pay poll-tax, unless incapable by

reason of age or extreme poverty, 213
under age, allowed to support themselves out-
side of family governmeut, under
certain restrictions, . . . 539, 055
of ill-fame, not to entertain lodgers, . 538, 654
WOOD. (See Timber, Trespass.)

Cordwood, brought into town and exposed
to sale, to average four feet in
length ; and when corded, the pile
to be eight feet long and four feet

high, 157,577

to be closely piled, and the measure to in-
clude but half the scarf, . . . 577
Firewood, except fagots, brought in carts,
to be sold by the same measure as

cordwood, &c., 167

falling short of the measure for which it is
sold, to be forfeited ; forfeiture how

recovered, 167

Corders of wood to be appointed by the se-
lectmen of every place where wood
is usually sold by the cord, . . 577

their fees for cording, 577

to be fixed by the selectmen, . , ' . 653
WOODEN HORSE.

punishment by riding the. (See Militia,
Service.)
WOODSTOCK. (See Frontiers.)
WOOZE. (See Ooze.)

WOBKHOUSES. (See Houses of Correction,
Poor.)
all able-bodied persons not having sufficient
estate for their maintenance, to be
employed in some honest calling,
profitable to themselves and the
public, or to be set to work by the
selectmen or overseers of the poor,

67,638
Tax granted by the inhabitants of towns
for supplying tools and materials
for furnishing houses built or to
be built for the employment of the
poor therein, to bo apportioned
and assessed by the selectmen ac-
cording to the rules prescribed for
the province tax, .... 380
selectmen 19 grant warrants for collecting
the same in like manner as for

other town rates 380

Master and wardens of: three or more
_ town inhabitants to bo appointed
- as, by the justices of the peace re-
siding in the town, and the select-
men, from time to time, . . . 380
to govern and inspect workhouse, and take
care that all town inhabitants cm-
ployed there or sent thither by
any tveo justices of the peace,
quorum unus, be held and kept
strictly to work, . . . 380, 381
to take cai'c that all idle and disorderly
inmates, &c., be punished by
whipping or being set in the
stocks, . ...... .380

Index.

897

WOUKH.OUS'E— continued.

to have the custody of and manage the stock,
materials and tools of the work-
house, according to their discretion, 380
empowered to receive, sue for and take any
gilts, bequests, &c., by any person
to the use of the poor, &c , and to
apply the same accordingly, . . 380
to render an account, on oath, to the town
annually, or oftener if required, of
their management, disposal of
moneys and stock, &c., income and

profits, 380

to have such allowance for tlieir services as

the town shall order, . . . 380

Comniitinents to, to be made by two justices
of the peace, quorum unus, of all
able-bodied town inhabitants that
live idly or disorderly, misspend
their time, or that go about beg-
ging; or receive alms from the

town, 381

by one or more justices of the peace or the

court of sessions, . . . 538, 655
of minors living by themselves, and of
women of iil-fame entertaining
lodgers, 638,654

Discharge from, to be ordered by the jus-
tices or court that committed the ,
person so discharged, . . 539, 655

Selectmen, overseers of the poor, con-
stables and tithingmen to see
to the observance of the acts 1703-4,
chap. 14, and 1710-11, chap. 6, . 538, 654
"WORM.

to be carried by militiamen, .... 129
"WBENTHAM. (See abatement, under Taxes.)
"WRITS. (See Actions, Error, Execution, Ha-
beas Corpus, Review.)

Act for the holding of courts of jus-
tice, 37

Act for aflarming of former judgments
and providing of executions,

60, 101

Acts for establishing judicatories and

courts of justice, 72, 283, 307, 36U, 370

Act for the establishing of precedents
and forms of writs and pro-
cesses, 79

Act for regulating fees, . . . .84

Act for ascertaining the number and
regulating the house of rep-
resentatives, . . .88

Act relating to sureties upon mesne

process in civil actions, , . 127

Act to prevent default of appearance

of representatives, . . .146

Act to enable towns, villages, &c., to

sue and be sued, . . .182

Act- for altering the form of the writ
and precept for the electing
of representatives to serve at
the next general assembly, . 201

.A.ct requiring security to be given by
all persons not freeholders
or inhabitants, before com-
mencing suit, .... 222

Act for reviving and establishing of ju-
dica'.ories, &c., and the forms
of writs and processes, . . 248
113

WRITS— con^mwerf. •

Act empowering justices of the peace
to decide diflFerences not ex-
ceeding forty shillings, . . 282
Act for establishing the form of the
writ and precept for calling
a great and general court or

assembly, 315

Acts for establishing precedents and

forms of writs and processes

in civil causes, 79, 310, 459, 401, 462

Act ■ for regulating and directing the

proceedings in the courts of

justice, &c., 372

Act relating to the office and duty of

a coroner, 426

Act providing that in suits where goods
or other estate are attached,
the defendant be summoned, 447
Act for the convenient and speedy as-
signment of dower, . . 450
Acts to prevent disputes relating to
actions and processes, &c.,

459, 749
Act prescribing the forms of writs in
actions before a justice of the

peace, 462

Act for regulating trials in civil causes, 464
Act declaring the regal style, . . 622

Act to prevent causeless arrests, &c., . 739
For calling the general assembly, to is-
sue from the office of the secretary
of the province, . . . 89,202

to be under the seal of the province, . . 89
to be signed by the governor, . . . .89
to be issued thirty days at least before the

beginning of the session, . . 89

to be directed to the sheriffs or marshals, . 89

form of, 80, 202, 315

Service of, (and see Representatives,) . 89, 147
Precept to selectmen, for calling town
meeting to choose representatives :
to be issued by the sheriff or marshal, . 81), 146
to be under the seal of the sheriff, . . . 147
form of, 80, 202, 249, 282, 295, 315, (and see

note to 1098, chap. 4 J
how served and returned, (see Representa-
tives,) 8-J, 147

form of return, 316

■Warrant for collecting town assess-
ments, form of, . . . 320, 468
for collecting county rates, form of, . . 321
copy of warrant to be left with the gaoler
when any person is committed

thereupon, 321

In civil actions :
to be in the English tongue, . 75, 287, 374, 464
not to abate by reason of circumstantial er-
rors; nor for any kind of mistake
where the person and case may be
rightly understood and intended by
the court; nor through defect or
want of form only, . 75, 287, 374, 464
In the superior court of judicattire and
inferior courts of common
pleas :
to issue from the clerk's office, 37, 75, 286, 369, 371
to issue in the name and style of the sove-
reign, 75, 249, 282, 286, 309, 371, 022, 750
(And see Eesolves, p. 791.)

898

Index.

"WBITS— continued.

to be signed by the clerk of the court,

37, 75, 286, 369, 371
to bear teste of the first justice of the

court, 322, 461

to be under the seal of the clerk's office, 75, 286
the seal of the court, .... 309, 371
to run into any county and be served there,

102, 286, 370, 371
to be directed to the sheriff or marshal, or

his deputy, . 37, 75, 286, 369, 371

or, when against the sheriff, &c., to be

directed to the coroner, 286, 309, 429
and, when the sum sued for is under ten
pounds, to be also directed to the
constables of the town, 75, 286, 370
Oeiginal wkits, to be summons, capias or

attachment, . . 75, 286, .370, 460
in superior court of judicature not to be
brought unless in cases where the
king is concerned, . . . 373, 459
Forms of:
capias or attachment, . . .82, 317, 460
summons, upon attachment, . 82, 317, 460
habere facias possessionem, imd fieri facias,

for damages and costs, . 82, 318, 401
execution, . . . .82, 102, 818, 400
scire facias, (see Scire Facias,) . 83,318,462

replevin 83, 319, 402

writ of error, (see Error,) . . .83, 320

supersedeas 84, 320

\7nt of review, (see licview,) . . .319
writ of dower, (see Dower,) . . . 450
writ of seisin of dower, .... 450

summons, 400

subpoena to witness, . . .82, 319, 465
Habeas cokpus, Csee Habeas Corpus,) . 96
Mandamus. (See Resolves, p. 795.)
In actions before a justice of the peace :
replevin, summons and attachment may be

granted by town clerks, . . 75, 283
summons, capias or attachment to be

. granted by the justice, . 72, 70, 282
to be directed to the constables of the

town 72, 75, 283

justices' fees for writs, (see Fees,)

84, 85, 185, 282
Forms of:

summons, 81, 316, 462

summons and attachment, .... 463
warrant for contempt, . . . 81,316,403
capias or attachment, . . .81, 317, 463

execution 81, 317, 463

scire facias, 402

replevin, . 462

Service of : (See Fees.)
all processes for appearance in the superior
court of judicature and inferior
courts of common pleas to be
served fourteen days before the
sitting of the court to which they
are returnable, . . 75, 286, 370, 371
Including writs of review, . . . 223,371
In actions before a justice of the peace, to be
served seven days at least before
the time of trial, . . .72, 283
Btunmons to adverse party in appeals from
i, judgments of the colonial courts, to

be served seven days before the
sitting of the court, .... 60

"WBITS— continued.

scire facias upon judgments of the colonial
courts, to be served seven days, in-
clusive, before the sitting of the

court, 61

against baU on mesne process, to be served
upon the surety within twelve
months after the first trial, . . 127
against sureties to prosecute appeal, to be

served within twelve months, . 446
writs returnable to inferior courts of com-
mon pleas and superior court of
judicature, to be served by the
sheriff or marshal, or his deputy,

37, 75, 286, 369, 371
or, if the sheriff be interested, by the coro-
ner, 286, 369, 429

constables to serve, when the amount sued

for is under ten pounds, . 75, 286, 370
and to serve coroner's warrants, . . 427
and to serve writs returnable before jus-
tices of the peace, . . 72,75,283
By leaving at the last and usual
PLACE of abode:
writ of review against foreign plaintiff, (or

his attorney,) 223

summons, where goods are attached, . 448
writs of scire /acjas, .... 61,448
writs of dower, an attested copy, signed by
the sheriff, or his deputy, who
served the same, .... 448
copy of writ of dower, and tlie return
thereon, to be left with the tenant
in possession of the land in which
the dower is claimed, . . . 448

By LEAVING WITH THE TENANT, AGENT OR
ATTORNEY OF THE DEFENDANT:

in cases where the defendant is not an in-
haoitant, or resident in the prov-
ince, 448

writ of review against absent plaintiff, . 223

writ of error, how served, . . . -.321

writ of seisin of dower, how served, . . 451

summons to be served upon towns, villages,
precincts and proprietors in com-
mon lands by leaving the writ or
summons, with a brief declaration,
with their clerk, other principal
inhabitant or proprietor,' . . 183
Return :

upon summons, where goods are attached,
to be made by certificate of a sworn
officer, or by the affidavit of the
person that delivered the same,
and by one credible witness there
present ^ . . 448

upon scire facias, or writ of dower, to be
made by the sheriff or his deputy
who served the same, . . . 448
Subpoena :

for witnesses, may be issued by the town

clerk, . . . 75,283,286,374,465
to be directed to the witness to be sum-
moned, . . 75, 283, 286, 374, 465

by justices of the peace, for taking depo-
sitions, . . . - 226

by coroners, 428

Scire facias. (See Scire Facias.)

suit to be brought on, against sureties in

mesne process 127

Index.

899

WBITS— continued.

against sureties to prosecute appeals, 446, 448
against administrators and executors, after
return of nulla bona, or devasta-
vit 537

clerks of courts to issue, on forfeited recog-
nizances of innholders, . . 150,330
against persons deserting the frontiers, for

forfeiture of their lands, . . . 194
Indorsement of: plaintiff, or his attorney,
to indorse each writ before re-
ceiving it out of the cleric's office,

022, 739
by his surname, on the back thereof, to-
wards the bottom, . . . 022, 739

"WRITS— continued.

attorney indorsing, how liable for costs, &c.,

622, 739
Attorney, admitted to practice, to draw a
new writ, gratuitously, if his client
suffers a nonsuit through his de-
fault, negligence or omission, 022, 739
Foreign plaintiff not to take out a writ un-
til after liling a bond, (see Actions,) 222
Executions to be issued, ex officio, by clerks,

(see Execution,) 446

Discontinued by the disallowance of acts,

revived, 459

Issued in the name of Queen Anne, re-
vived and continued, . . . 749

TEAE, DAT AND ^^TASTE.

aU lands to be free from, except in cases of

high treason, ..... 41
YEABS, ESTATES FOB. ( See Estate for
Years.)

TOKE. (See Swine.)

YORK. (See Frontiers, Inferior Court of Com-
mon Pleas, Sessions, Superior
Court of Judicature, abatement,
under Taxes.)

POSTSCRIPT.

The following resolves should have been printed in the notes to
chapter 7 of the acts of 1703-4, or chapter 7 of the acts of 1704-5.
The first and second resolves were originally ordered to be printed with
1704-5, chap. 7, (see note to that chapter on p. 541, ante,) and their
omission from this volume was not discovered until after the book had
been printed. The third resolve does not appear to have been printed.

" June 29, 1704. The following Order pass'd in the House of Representees and sent up; Viz,

Ordered that every Captain or Commanding Officer of any Company or Party employed
in her Majesties Service do take all possible. Care within the Space of fourteen Days next after
the Passing of his Accompts to grant Debentures accordingly & deliver to each Soldier respec-
tively his Debenture for his Service. And so many Debentures as shall rest in his Hands
after the Expiration of the said Time, which he could not deliver to the Persons themselves to
whom they properly belong, he shall transmit & lodge in the Treasurers Office on Behalf of
the Persons conceni'd within the Space of Ten Days next after. And if any Doubt or Ques-
tion arise about any Person coming to demand a Debenture, Whither he be the Person or not
to whom such Debenture doth belong, or upon any other Head, It shall be determined by the
Governour & Council. And if any (^aptain or other Commanding Officer shall withold any
Soldiers Pay or Debenture by the Space of twenty four Days next after his Receipt of such
Pay or signing a Debenture for the same & be thereof Convicted, He shall forfeit to the Party
aggrieved double the Sum of such Pay or the Value express'd in the Debenture. And Deben-
tures shall be made out for the Wages due to such Soldiers as serve at the Castle, Forts &
Garrisons & be delivered as aforesaid; And where no Commissary is concerned. Debentures
shall be sign'd by the Captain or Commanding Officer only, Agreable to his Muster Roll
examin'd by the Commissary General & Pass'd in Council, & shall be accordingly paid
by the Treas^.

Wch Order being read at the Board, was Concur'd.

And is Consented to : J. Dudley.

— Council Records, vol. VIII., p. %1.

"June 22, 1704. An Order pass'd in the House of Representatives as follows; Viz., —
Ordered that the Accompts of Subsisting the Forces occasionally mustering & marching
from Town to Town be sent by such as. subsist them to the Chief Military Officer of the Regi-
ment in which they are subsisted, W<=1» Accompts being collected are to be comprized in one
General Accompt-to be transmitted to the Commissary General for Payment, & every one that
subsists such Forces shall set forth in their Accompt, whose immediate Command the said
Forces are under & what Day or Days they were subsisted by them & Charge after the Rate
of four pence Per Meal for a Man, Allowing two Meals to a Man per Day : — W=l» Order being
read at the Board, Was Concur'd.

And is Consented to : J. Dcdlet."

—Ibid., vol. VIII., p. 62.

"Jan. 3d, 1704. The following Order was pass'd by the Representee* & Read & Con-
curred ; viz., —

As an Explanation of the Law referring to the Billeting of Soldiers, —

Ordered that where one or more soldiers have been or shall be subsisted by the same Per-
son for more than six meals each at a Time, the Allowance of the Whole of that Subsistence
shall be after the Rate of three Shillings per Week & no more, and the Names of the Soldiers
subsisted the Time when & under whose Command they were shall be sett forth in the Certifi-
cate of their being subsisted.

Consented to: J. Dudley."

—im., p. 106.

The following is the resolve authorizing the making and lending of
bills of public credit, in aid of the expedition against Canada, referred
to in resolve (c.) on page 707 : —

"July 6, 1711. The Committee of both Houses, appointed to consider of the Credit, recom-
mended in his Excellency the Governors Speech, for forwarding the important Expedition now
proceeding for the Reduction of Canada, Humbly propose, —

1. That Forty thousand Pounds in Bills of Credit on this Province be forthwith imprinted,
signed & put into the Treasury ; And tbere be a Loan of the said Bills or such Part thereof as

902

Postscript.

may be demanded, for Paying for Provisions & other Necessaries, procured by the Committee
of this Goveram' & others for her Majestys British Land.&»Sea Forces ou the -present 'Expedi-
tion to such Persons as will subscribe to supply his Excellency General Hill, & the Iloni'ie
Adjniral. Walker, The .said Persons giving good Security to return the Value they subscribe for
into* .the Treasury, in like Bills, within two years time, & also pay the Charge of making the
■ftew -Bills; And the Treasurer is to take into the Treasury out of the said Bills the Seven

thousand Pounds alreadv advanced : 2'liy Tiiat a Committee of both Houses be appointed

to receive Subscriptions & to approve of & to take the Security to be given to the Treasurer of

the Bills as above-mentioned: 3<iiy That the Treasurer be impowered to borrow Bills of

Credit of any Persons willing to lend the same; who shall be repaid as soon as the new Bills.

be perfected: 4-'iiy That the Bills imprinted upon this extraordinary Occasion, as they are

drawn into the Treasury, or the like Value in others Bills on this Province, be consumed & no

furtlrer Use to be made of them: 5"»'y That the Committee appointed by this Court to

imprint & sign the Bills of Credit on this Province be hereby directed forthwith to proceed to

the Making & Finishing of the Bills, hereby ordered to be made : G'l^iy That the Exchange

for the Advance of the said Bills for the extraordinary Occasion of the present Expedition be
regulated at Forty per Cent.

(Sigri'd) Peter Sekgkant.

In the Name of the Committee.

Eead & Accepted in the House of Eepresent^^s, & Voted that Samuel Appleton, John
Clark, Addiugton Davenport & Thomas Oliver, Esq's, jjg a Committee to join with such as the
Honbie Board shall appoint, to approve & take Security for the Return of the Bills that shall

be borrowed; The fourth and iifth Articles being added in Coimcil. Concur'd, in Council,

And that Elisha Hutchinson, Esq"", the Secretary, & Mr Treasurer, be of the Committee for
the Ati'air albresaid ; The Major Part of the Conimittee whereof two of the Gentlemen named
by the Council, be a Quorum. Agreed to by the Representees.

Consented to: J. Dudley."

— Council Records, vol. IX., p. 114.

The following is the resolve for calling in the ten-shillings, and the
three-and-six-penny bills referred to in the i-esolve (b.) on page 752 : —

"Nov. 10, 171-3. The following Order pass'd in the House of Representees Read & Con-
cur'd; viz., —

Oedered that Addington Davenport Esq^ be added to the Committee that made the last
Bills of publick Credit on this Province; And they be desired to procure two new Plates, &
four Bills to be engraven on each of them, of such Sums, as they with the Treasurer shall
think to be most convenient : That they make the sum of Ten thousand Pounds of Bills, off
from the said two Plates as expeditiously as ma}' be (Each Bill to be sign'd by four at least of
the Committee) & deliver them to the Treasurer, taking his Receit for them; Who is hereby
directed & impowered to issue them out in Exchange for the Ten shilling & Three shilling &
six peny Bills, which this Court have ordered to be called in & exchanged; The Committee to
be paid for the making these Bills, as for the last they made.

Consented to: J. Dudley."

— Council Records, vol. IX., p. 295.

Alter this volume had passed through the press, Mr. Sainsbury dis-
covered in the Public-Record Office a list" of acts regularly sent to the
Privy Council, containing the titles of the three acts of 1711, the com-
plete passage of which is doubted in the notes on page 686. On
further examination, these acts were found, and are hereunder printed
from copies made by Mr. Sainsbury. There is reason to believe that
all our missing public acts, to the year 1714, a list of which is given
on page 787, may yet be found.

Penalty for In-
ticing, Har-
bouring, Con-
cealing or Con-
veying away.
Deserters from
the Service,

An Act for further enforcing and enlarging the Act or Order of this Court,
pass'd at their Session in May last, against Inticing, Harbouring, Conceal-
ing OR Conveying away any of the Souldiers, Marines or. Sailers of Her
Majesties Land or Sea Forces, from the Kingdom of Great Britain, or of
those rais'd within this Province for the service of the present Expedi-
tion NOW on foot; and for a more speedy prosecution of Offenders.
Be it Enacted by his Excellency the Governour, Council and Representatives in General Court
assembled, and. by the authority of the same,

[Sect. 1.] 'i'hat every person or persons who shall Intice and Withdraw from his dut}^ any
Souldier, Marine, or Sailer, retained in Her Majesties service, in the Expedition aforesaid, or
knowingly entertain, harbour, conceal or convey away, any Souldier. Marine or Sailer retained
in the said service and be thereof convicted; shall forfeit and pay the sum of Fifty Pounds;
the one Moiety thereof to Her Majce-ty, for the support of the Governm' and the other JMoiety
to the Informer; the charge of prosecution to be paid out of the whole; or shall be punished
by sutfering twelve months Imprisonment without Bail or Mainprise: Unless any jicrsou or
persons so offending shall within twenty-four Hours after the publication of this Act by beat
of drum in the respective Towns, to which they belong, inform of, or deliver up to the next
Civil or Military Officer, such Deserter or Deserters, by him or them entertained.

Postscript. 903

And for the more speedy and summary Proceeding on this extraordinary important occas-
ion, than the ordinary forms of LawKlo direct or admit or, —

Be it further Enacted by the authority aforesaid,

[Sect. 2.] That, 2)ro 'hac vice, Elisha Hutchinson, Pcnn Townsend^ Jeremiah Dummcr, Constitution of
John Clark, Thoiiias Brattle and Samuel Lyndc Esqrs. Her Majesties Justices of the Peace-'or Court,
any three of tliem, Avhoreof the said Elisha'Hutchinson, Pcnn Townsend or John Clark always • •
to be one, be and hereby are constituted and. fully Impowcred a lawful Court to Inquire Hear,
Judge and linallv Determine all Oflienccs against this Act and to Award Execution thereon:
And all Shei-ill's "and other Otficers are hereby required to obey the Orders and Executions of
the Justices ai'urcsaid.

[Sect. 3.] And the Sheriff of the County of Suffolk is hereby Impowered and required by Sheriff to re-
Warrant from the said Court immediately to return and summon a Jury of twelve good and turn Jurors,
lawful men to be Impanelled and sworn to try such Offenders; and every Juror so return'd as
aforesaid, making default of appearance, or to attend the Tryal, shall pay (he sum of Five ^rs Default.
Pounds, imless for just cause shown, the Court shall excuse his serving; and the Court to
make up the number de talibus circumstantibus, for any exceptions taken for the Queen, or
Challenges allowed the Prisoner.

And it is further enacted,

[Sect. 4.'] That it shall and may be lawful to and for the Sheriff his Deputy or Deputies or Officers power
Constables in the execution of their Warrant for the apprehending of any Deserters to to enter into
require necessary' assistance and with force to enter any Houses or Places of which the said ^ °"pw^
Officer shall have Information, or just suspicion that any such Deserter or Deserters are enter- ^®* ^'^'
tained and concealed after demand first made to have the doors opened to him and refusal
thereof in order to their making search as aforesaid.

Provided,

[Sect. 5.] This Act shall continue and abide in force unto the last day of October next
coming and no longer. [Passed July 20, 1711.

By His Excellency the Governmir.

I hereby command the Colonel or chief Military Officer of the respective regimentg within
this Province, to cause this Act to be published by beat of drum, in the several Towns within
their Regiment, and to cause the day and hour of the publication thereof in each Town, to be
Hegistred.

Given under my Hand at Boston the 20* day of July 1711. J. Dudley.

An Act for the more effectual levying of Souldiers for her Majesties Service.

Whereas the Act for Levying Souldiers made and passed in the twelfth year of the reign of 1699-1700, chap.
His late Majesty King William the third, provides and directs that ever}' person liable and fit 19, §2.
for service being orderly impressed for His Majesties Service, by being commanded in His
Majesties name to attend the said service : Shall by himself or other meet person in his room
(to the acceptance of his Captain or Chief Officer) attend the same at time and place appointed
on pain of suffering six months imprisonment without Bail or Mainprize, unless such person
within the space of two hours next after his being impressed shall pay to his Captain or Chief
Officer by whose Warrant he shall be impressed, the sum of Ten Pounds to be imploy'd for
the procuring and fitting out of a suitable person in the stead of him so paying the said sum
for the service for which he was impressed, if such other suitable person be timely to be had, &<=.

And the imprisoning of persons for non-attendance being the only remedy in the Law, and
in the practice thereof being found hurtful to the service, —

Be it therefore Enacted by his Excellency the Governour Council ^ Representatives in General
Court assembled and by the authority of the same,

[Sect. 1.] That every person orderly impressed for Her Ma,iesties service and making
default of appearance by "himself or other meet person to acceptance in his room or of payiu':?
Ten Pounds within the time afore limited, to be imployed for procuring a suitable person to penalty of
serve in his stead, It shall and maybe lawful to and for the Captain or Chief Officer of the £10 to be
Company, out of which such person is drawn b}' his Warrant directed to the Sheriff of the levyed by dis-
Couhty, or his Deputv, or Constable of the Town, to cause to be levyed the sum of Ten tress or the De-
Pounds, to the use herein before recited, by distress and sale of the Offenders Goods and Chat- hnqu.ent to be
tels, with the necessary charges of the distress, returning the Over-plus, if any there be, to the'ekction of
the Owner, Or to commit the offender to prison, there to remain as by Law is already pro- ^\^q Officer.
vided at the election of the said Officer, as he judges most for the good of the service. Any
Law, Usage or Custom to the contrary notwithstanding.

Provided,

[Sect. 2 ] That this Act shall continue and be in force, during the present War with Limitation.
France and not afterwards. [Passed November 9, 1711.

An Act for the better Security and Defence of the Frontiers.

Whereas many of the Fortifications or Garrisons in the inland Frontiers are fal'n into des-
pair and rendred unserviceable, —

Be it Enacted by His Excellency the Governour, Council and Representatives in General Court
assembled, and by the authority of the same,

[Sect. 1.] Tiiat the respective Owners of all Houses which arc or shall be allowed by Persons as-
direction of the Captain General or Commander in Chief, for the time being to be fortif\-cd and sign'd to garrl-
made Garrison Houses and all pci-sons orderly assigned to any such garrison, having the ben- son'cf Houses to
efit thereof for the reception and safety of themselves or families, shall be and hereby are assist in the
enjoyned and required from time to time to bear a proportionable part of the charge of uphold- +[5^'^'*'"
ing, repairing or new making of such fortification when need shall be, at the direction of the ^ '^^? '
Commission, Military Officers and the select men of the Town or District wherein such Fortifi- 1706-7 chap. 1
cation is, who are hereby impowred to apportion the same, according to their good discretion, § 2. '

904 Postscript.

as equally as may be, to be paid in working upon the same, or otherwise, at the accustomed
Rates per Diem for labour of men or teams.
Penalty for [Sect. 2.] Arid all persons who shall neglect or refuse to pay their proportion to such

neglect or re- charge, or to work out the same, in the reparation or new making of such fortification, when
fusal. demanded by the Master of the House or Garrison, shall forfeit and pay for every defect five

shillings per diem for a man and ten shillings per diem for defect of a man and team, to and
for the use of such fortification and to be imployed towards the repairing or new making of
the same.
Fines, how to be [Sect. 3.] All such fines and forfeitures to be sued for and recovered before one Justice of
disposed. the Peace within the County ; who is hereby impowred to hear and try the same ; and to com-

mit the Ofiendor to prison until he pay the Fine to the Master of the House or Garrison; or to
cause the same to be levyed by distress and sale of the ofiendors goods and chattels.
Provided,
Limitation. [Sect. 4.] This act shall continue and remain in force during the present War with France,

and not afterwards. {Passed November 9, 1711.

Internet Archive Audio

Featured

Top

Images

Featured

Top

Software

Featured

Top

Books

Featured

Top

Video

Featured

Top

Mobile Apps

Browser Extensions

Archive-It Subscription

Save Page Now

Full text of "Acts and resolves passed by the General Court"

See other formats