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 and Appellant shall have no Costs Granted for the first Tryal Be it further Enacted and Ordained by the authority aforesaid Quarter Sessions of the Peace That there shall be Held and Kept in each Respective County within this Province yearly at the times and places hereafter named and expressed Four Courts or Quarter Sessions of the Peace by the Justices of the Peace of the same County who are hereby Impowred to Hear and Determine all Matters relating to the Conservation of the Peace and Punishment of Offenders 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 Junc September and December For the County of Plymouth at Plymouth on the third Tuesdayes in March June September and December For the County of Essex at Salem on the last Tuesdayes in June and December at Ipswich on the last Tuesday 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 September 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 County of Hampshire at North-hampton 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 upon 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 That at the times and places-before mentioned Courts of Common Pleas there shall be Held and kept in each Relpective County and Islands before-named within this Province an Inferiour Court of Common Pleas by four of the Justices of and Residing within 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 Appeal to the Superiour Court PROVIDED nevertheless That it shall be in the Liberty of the party cast in any of the said Inferiour Courts to Appeal from the Verdict and Judgment given therein unto the next Superiour Court to be held within or for the same County the case there to be Tryed to a Final Issue Review Or 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 ten days after judgment given upon such Tryall by review the party agrieved may bring his Wrirt 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 Sureties 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 prosecute the same Appeal or Writt respectively with effect and abide the Order of the Court no Appeal to be admitted after the time of the Courts Sitting nor after Execution Granted and the Party Appealing to bring the Copies of the whole Case unto the Superiour Court where each Party shall be allowed the benefit of any new and further Plea 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 Declaration 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 That there shall be a Superiour Court of Judicature over this whole Province Superiour Court 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 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 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 concern the Personalty and Relate to matter of Debt Contract 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 Svffelk At Boston on the last Tuesdayes of April and October Within the County of Middlesex at Charistewn on the last Tuesdayes of July and January Within the County of Fssex at Salem on the Second Tuesday of November and at Ipswich on the Second Tuesday of May. Within the Counties of Plimouth Barnstable and Bristol At Plimouth on the last Tuesday of February and at Bristol on the last Tuesday of August And be it further Enacted by the authority aforesaid That the Tryal of all Civil Causes by Appeal or Writ of Error from any of the Inferiour Courts within the Respective Counties of York or Hampshare 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 That when Court of Assize General Goal Delivery and in what County soever the said Superiour 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
three dayes after service to be returned and the body brought if within 20 miles c. Under Keepers or Deputy of the said Officers or Keepers that the said Officer or Officers his or their Under Officers Under-Keepers 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 payment 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 Twelve-pence per Mile and upon Security given by his own Bond to pay the Charges of 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 likewise 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 Be it Enacted by the Authority aforesaid That all such Writs shall be Signed by the person that Awards the same Writs of Habeas Corpus and the Proceedings there on in vacation time if any person or persons shall be or stand Committed or Detained as aforesaid for any Crime unless for Felony or Treason plainly expressed in the Warrant of Commitment in the Vaeation 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 convict 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 Superious Court and the said Justice or Justices upon view of the Copy or Copies 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 prisoners is or are deteined are hereby Authorized and Required upon request made in Writing by such person or persons or any on his her or their behalf attested and subscribed by two Witnesses who were present 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 Returnable immediately before the said Court Justice or Justices and upon Service thereof as aforesaid the Officer or Officers his or their Under-Officer or Under-Officers Under-Keeper or Under-Keepers or Deputy in whose Custody the Party is so Committed or Detained shall within the times respectively before Limited bring such Prisoner or Prisoners before the said Justice before whom the said Writ is made Returnable and in case of his Absence before any other of them with the Return of such Writ the true Causes of the Commitment Detainor thereupon within two days after the Party shall be brought before the said Court Justice or Justices the said Court or Justice before whom the Prisoner shall be brought as aforesaid shall Discharge the said Prisoner 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 following 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 properly Cognizable as the Case shall Require and then shall Certifie the said Writ with the Return thereof and the said Recognizance or Recognizances 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 Justices or some Justice or Justices of the Peace persons neglecting two Terms to pray a Habeas Corpus shall have none in vacation time inpursuance of this Act officers how to be proceeded against for not obeying such Writer for such Matters or Offences for the which by the Law the Prisoner is not Bailable Provided always and be it Enacted That if any person shall have wilfully neglected by the space of two whole Terms after his Imprisonment to pray a Habeas Corpus for his Enlargement such Person so wilfully neglecting shall not have any Habeas Corpus to be Granted in vacation time in pursuance of this Act. And be it further Enacted by the authority aforesaid That if any Officer or Officers his or their Under Officer or Under Officers Under-Keeper or Under-Keepers or Deputy fuse to make the Returns aforesaid or to bring the Body or 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 Prisoner which he they are hereby Required to Deliver accordingly all every the Head Goalers Keepers of such Prisons 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 for the Second Offence the Sum of One Hundred Pounds and shall and is hereby made incapable to hold or execute his said Office the said Penalties 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 Non vult ulterius Prosequi or otherwise shall be admitted or allowed and any
in the Province with two or more Justices of the Peace Dwelling in the Town or two of the next Justices in the County Slaughter-Houses Still-Houses c. to be in certain places assigned no other shall at or before the last day of March One Thousand Six Hundred Ninety Three Assign some certain places in each of said Towns where it may be least offensive for the Erecting or Setting up of Slaughter-Houses for the Killing of all Meat Still-Houses Houses for Trying of Tallow 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 places 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 Places respectively and no other all Butchers and Slaughter-men Distillers Chandlers and Curriers shall Exercise and Practice their Respective Trades and Mysteries on pain 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 Forfeit 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 Inform and Sue for the same And for preventing of Cruelty to Bruit Creatures It is further Enacted by the Authority aforesaid Crueky to bruit Creatures forbidden That all Calves Sheep or Lambs brought alive to the Market shall be either driven or carried 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 usual 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 Moity to the use of the Poor of the Town where such Seizure shall be made to be distributed by the Select-men or Overseers of the Poor And all Select-men Overseers of the Poor Constables Tythingmen and other Officers in any Town upon their own view or Information of any Transgression 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 Directed 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 alike Forfeited and Disposed of An Act For Affirming of former Judgments and providing for Executions VVHEREAS upon Tryals had in the late Courts of Judicature within the several Colonies now by Their Majesties Royal Charter United and Incorporated into one Province by the name of the Province of the Massachusetts-Bay several Judgements were obtained of which Execution remains to be done and some others are depending by Appeal according 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 Enacted and Ordained by the Governour Council and Representatives Convened in General Court or Assembly and by the Authority of the same That where any Appeal as aforesaid is depending having 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 Courts 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 former Usage upon the first Evidence and no other And the Judgement to be Affirmed or Reversed as the Case shall there be Judged upon Tryal And if the Appellant neglect to Appear or Prosecute his Appeal the former Judgement shall be Affirmed and Execution Awarded accordingly And it is further Enacted by the Authority aforesaid That where Judgement has passed in any County 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 said Court to shew cause if any there be why Execution should not Issue forth And in case of Non Appearance or that sufficient cause be not shewn to the Court the former Judgement shall be affirmed and Execution granted accordingly the Costs of this Tryal to be added unto the same Provided that the said Writ of Scire Facias be Served seven days inclusive before the Courts Sitting And be it further Enacted by the Authority aforesaid That after one year Expired next after giving Judgement in any Court of Record within this Province No Execution after one year expired to be granted without a Scire facias no Execution for such Judgement shall be Issued out until a Writ of Scire Facias hath been Granted out of the same Court and Served upon the Adverse Party as is before directed or left by the Sheriff his Under-Sheriff or Deputy at his Dwelling 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 Court shall thereupon Award Execution An Act For the Orderly consummating of Marriages BE it Ordained and Enacted by the Governour Council and Representatives in General Court Assembled and by the Authority of the same Justices or Ministers respectively to Solemnize Marriages That every Justice of the Peace within the County where he resides and every Setled Minister in any Town shall and are hereby respectively Impowred and Authorized to Solemnize Marriages within 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 by asking their Banns at three several Publick Meetings in both the Towns where such Parties respectively
Goal Delivery for the Respective Counties and Places of York Hampshire the Islands of Capaweek alias Martha's-Vineyard and Nantucket within the same from time to time as the Governour and Council advising 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 Plaintiffs liberty to begin his Suit in the Inferiour or Superiour Court That it shall be in the Liberty of any Plaintiff to begin his Suit either in the Inferiour or Superiour Court at his pleasure and where the Original Process is made out of the Superiour Court the Party Cast shall have Liberty to Review his Case in the said Superiour Court once and no more PROVIDED Nevertheless That none of the said Inferiour Courts shall Receive any Action under the value of Forty Shillings nor shall any Action under the value of Ten Pounds be brought into the Superiour Court unless where Freehold is concerned No Action under Ten Pounds to come originally to the Superiour Court or upon Appeal And it is further Enacted by the Authority aforesaid That all Matters and Issues in Fact arising Matters of Fact to be Tryed by a Jury or happening within the said Province shall be Tryed by Twelve Good and Lawful Men of the Neighbourhood 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 by the Authority aforesaid That the Clerk of each Court respectively in convenient time Jurors how to be Chosen before the Sitting of such Coust shall Issue out Warrants directed to the Constables of the several Towns within the County or Jurisdiction of said Court or the most principal of them to Assemble the Frecholders and other Inhabitants of each several Town qualified as aforesaid to Serve as Jurors Requiring them to Choose so many good and lawful Men 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 And be it further Enacted by the Authority aforesaid All Processes and Writs to Issue forth in Their Majesties Names Town-Clerk to grant Attachments for Cases triable before one Justice and Summons for Witnesses That all Processes and Writs shall Issue out of the Clerks Office of the said Respective Courts in Their Majesties Names under the Seal of the said Office and Signed by the Clerk and be directed to the Sheriff or Marshal of the County his Under-Sheriff or Deputy And where the Sum Sued for is under Ten Founds to direct also to the Constable of the Town PROVIDED Nevertheless That Replevins Summons and Attachments for any matter or cause Tryable before one Justice of the Peace and Summons for Witnesses in civil Cases may be Granted by the 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 Procenes 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 Processes in the said Courts shall be Summons Capias or Attachment And in case upon any such Summons duly Served and Affidavit thereof made in Court the Defendant do not appear by himself or his Attourney lawfully Authorized Judgment shall pass against him by Default And it is further Enacted and Declared by the Authority aforesaid That the Justices of the said several Courts be and hereby are Impowred to make necessary Rules and Orders for the more orderly practising and proceeding in said Courts Justices of Courts to make necessary Rules Orders and that 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 Pleas Answers Replications and Entries in all the said Courts shall be in the English Tongue and no other And that it shall be in 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 That there be a High Court of Chancery within this Province Court of Chancery who shall have Power and Authority to Hear and Determine all Matters proper and Cognizeable to said Court not Relievable 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 fame unto the just Debt and Damages Provided also Appeal to Their Majesties in Council That either Party not resting satisfied with the judgment or Sentence of any of the said Judicatories or Courts in personal Actions where in the matter in Difference doth exceed the value of Three Hundred Pounds Sterling and no other may Appeal unto Their Majesties 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 That Two Shillings Per Diem shall be accounted due satisfaction to any Witness for his Travel and Expences Witnesses allowance and no more to be allowed in civil Causes and if such Witness live within Three Miles of the Place of the Courts Sitting whereto he is Summoned and be not to pass any Ferry then One Shilling and Six-pence Per Diem shall be accounted sufficient And
have Possessed and Occupied as his or their own Proper Right in Fee Simple any Houses or Lands within this Jurisdiction and shall so continue whether in their own Persons their Heirs or Assigns or by any other Person or Persons from by or under them without Disturbance Lâ—… 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 Claiming and the Quantity and Bounds of the Lands and Houses Claimed And such Claim prosecuted to Elect within the Term of Five Years next after the Twentieth of May One Thousand Six Hundred Fifty and Seven Every such Proprietor His or Her Heirs and Assigns by Virtue of such Possession shall for ever 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 Notwithstanding Which before Recited Law referring to Possession having seen found by long Experience to be of great Benefit and Service unto Their Majesties Subjects within this Their Province It is Enacted and Ordained by the Governour Council and Representatives in General Court Assembled And by the Authority of the same That the said Law be and hereby is Ratifyed and Confirmed 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 That every Person and Persons for the Future shall have the like benefit of Possession who by Him or Themselves Grantees Three Years Quiet Possession to make a Title or Assigns were Possessed of any Houses or Lands within this Province in 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 Provided this Act shall not be understood to Barr the Title of any Infant Savings Feme Covert or Person Non Compos Mentis Imprisoned or in Captivity who shall have the like time of Three Years next after such Imperfection Removed to pursue their Challenge to any Houses or Lands wherein they have Interest on 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 An Act For Building with Stone or Brick in the Town of Boston and preventing Fire VVHEREAS 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 Be it Ordained and Enacted by the Governour-Council and Representatives Convened in General Court or Assembly And it is Enacted by the Authority of the same That henceforth no Dwelling House Buildings in Boston to be of Brick or Stone and covered with Slate Shop Warehouse Barn Stable or any other Housing of more than Eight Feet in Length or Breadth and Seven Feet in Heighth shall be Erected and Set up in Boston 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 Select-men of the said Town or major part of both the Governour with the Advice and Consent of the Council shall see cause to Grant Licence unto any person to build with Timber Governour Council to grant Licence to build with Timber in Case or cover with Shingle And if any person shall presume to Erect or cause to be Erected any Frame or Building contrary hereto upon Conviction thereof before two Justices of Peace Quorune 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 Demolished or else such Building shall be Demolished by Order of the Quarter Sessions of the Peace within the said County Penalty for transgressing this Act. and the Charge thereof to be Levied by Distress and Sale of such Offenders Goods by Warrant from the Court of Quarter Sessions And it is further Ordered and Enacted That in all Void and Unbuilt Places which shall hereafter be improved for Building or when at any time any total Consumption or Desolation shall happen in any Street or Lane within the said Town it shall be in the power of the Justices of the Peace of said Town then in being together with the Select Men or the major part of both to State and Lay out such Streets Ways and Passages Justices and Select men to lay out Steets c. as may be most for the Conveniency and Accommodation of the Place As also where any Desolation has happened to Regulate and Enlarge other narrow and crooked Lanes or Passages AND where any particular persons shall have their Land taken away or lessened thereby a Jury of Twelve Men shall be appointed by two Justices of the Peace and Sworn to Ascertain the value thereof to be paid by the person A Jury to Asscertain the Value of any Persons Land laid to any Street to whose Land the same shall be added or by the Neighbourhood or Town in proportion to the benefit or conveniency any shall have thereby And every person Building as aforesaid with Brick or Stone shall have liberty to Set half his Partition Wall in his Neighbours Ground so that he leave Toothing in the Corners of such Walls for his Neighbour to adjoyn unto who when he shall Build such Neighbour adjoyning shall pay for one half of the said Partition Wall so far as it shall be Built against Party Wall to stand half in the Neighbours ground And in case of any Difference arising the Select men 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 1688 contrary to the Law made by the General Court of the Massachusetts Colony It is hereby Ordained and Enacted by the Authority aforesaid 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 Ownter thereof Proceeded against accordingly And be it further Enacted and Declared by the Authority aforesaid Two or 3 of the chief Military Officers to Order the pulling down or blowing up of Houses to stop Fire That when any Fire shall happen to break out either in Boston or any other
the Authority aforesaid That whosoever shall Steal or Purloin any Money Goods or Chattels These 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 Stollen or Purloined unto the Owner or Owners thereof And be further punished by Fine or Whipping at the discretion of the Court or Justices that have Cognizance of such Offence not exceeding the Sum of Five Pounds or Twenty Stripes And if any such Offender be unable to make Restitution or Pay 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 Term as shall be Assigned by the Court or Justices before whom the Prosecution was And every Justice of Peace in the County where such Offence is Committed or where the Thief shall be Apprehended is hereby Authorized to Hear and Determine all Offences against this Law PROVIDED That the Damage exceed not the Sum of Forty Shillings And if any Person shall Commit Burglary 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 High-ways 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 likewise upon the First and Second Convictions pay treble Damages to the Party Injured as is Provided in case of Theft And it is further Enacted by the Authority aforesaid Fornication 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 Corporally Punished by Whipping not exceeding Ten Stripes a piece 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 put 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 with the Maintenance thereof with the Assistance of the Mother as the Justices in the Quarter Sessions shall Order and give Security to perform the said Order and to save the Town or Place where such Child is Born free from Charge for it's Maintenance and may be Committed to Prison until he find Sureties for the same unless the Plea's and Proofs made and produced on the behalf of the Man accused and other Circumstances be such as the Justices shall see reason to Judg 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 Continuance or Renewal of his Bond that he may be forth-coming when the Child is Born Further it is Enacted by the Authority aforesaid That every Justice of the Peace in the County where the Offence is Committed Power of the Justice of Peace may cause to be Staid and Arrested all Affrayers Rioters Disturbers or Breakers of the Peace and such as shall Ride or go Armed offensively before any of Their Majesties Justices or other Their Officers or Ministers doing their Office or elsewhere by Night or by Day in Fear or Affray of Their Majesties Liege People and such others as shall Utter any Menaces or Threatning Speeches And upon view of such Justice 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 Seiz and Take away his Armour or Weapons and shall cause them to be Apprized and Answered to the King as Forfeited Breach of the Peace Forcible Entry detainer And may further punish the Breach of the Peace in any person that shall Smite or Strike another by Fine to the King not 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 make Enquiry of forcible Entry and Detainer and cause the same to be Removed and make out Hue and Crys after Runaway Servants Thiefs and other Criminals And it is further Enacted by the authority aforesaid That if any person or persons of the Age of Discretion which is accounted Fourteen Years Lying and Libessing or Upwards shall wittingly and willingly Make or Publish any Lye or Libel tending to the Defamation or Damage of any particular 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 being duly Convicted thereof before one or more Justices of the Peace shall be Fined according to the degree of such Offence not exceeding the Sum of Twenty Shillings for the First Conviction and find Sureties for the good Behaviour And if the Party 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 Justices before whom the Conviction shall be according as the Circumstances or Nature of the Offence shall be And the said Justice or Justices 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 Offenders 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 It is further Enacted by the Authority aforesaid That if any person or persons upon his or their own Head or Imagination or by false Conspiracy and Fraud with others shall wittingly Forgery 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 person or persons in Writing to the intent that the State of Freehold or Inheritance Right Title or Interest of any person or Persons of in or to any Lands Tenements or
annually to Choose Select-men or Townsmen for the ordering and managing of 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 by the authority aforesaid Qualification of Voters in Town-Meetings That the Freeholders and other Inhabitants of each Town Ratable at Twenty Pounds Estate to one single Rate besides the Poll shall some time in the Month of March annually meet and convene together upon Notice given by the Constable or Constables of such Town or such others as the Select-men or Towns-men shall appoint to give Notice of such Meeting and the time and place for the same Select-men Constables and other Town-Officers to be annually Chosen in March Town Clerk to be under Oath And by the Major Vote of such Assembly then and there shall Choose Three Five Seven or Nine Persons Able and Discreet of good Conversation Inhabiting within such Town to be Select-men or Townsmen and Overseers of the Poor where other persons shall not be particularly Chosen to that Office which any Town may do as they shall find it necessary and convenient as also to Nominate and Choose a Town-Clerk who shall 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 High-ways Tything-men Fence-viewers Clerks of the Market Sealers of Leather and other ordinary Town Officers And the Town Clark or two of the Select-men shall forthwith make and give out unto the Constable or Constables of such Town a List of the Names of those that shall be then Chosen to the Office of Town Clerk Constables Tything-men Clerks of the Market Sealers of Leather and other Officers of whom an Oath is by Law required Constables to Summon Town Officers to be Sworn under a penalty which Constable or Constables within the space of six days at furthest shall Summon each of them respectively to appear 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 Conviction thereof before one Justice of the Peace and upon Non Payment to be Levied by Distress PROVIDED That no Person in Commission for any Office Persons exempted from Serving as Constables Civil or Military Church-Officer or Member of the House of Representatives for the time being nor any other who has Served as Constable within the space of seven years before shall be Chosen to the Office of Constable It is further Enacted by the Authority aforesaid Towns or Select-men having Instructions to make Orders By-Laws 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 such Town or the major part so Assembled or the Select-men having Instructions given them in Writing by the Town 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 Affairs of such Town as they shall judge most Conducing to the Peace Orders and by-By-Laws in Towns to be approved by the Quarter Sessions Penalty to be Levied by Warrant from a Justice Welfare and good Order thereof and to anner 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 Justices in Quarter Sessions and approved of by them shall be Established 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 That the Select-men or Townsmen Chosen as aforesaid Select-men to make Assessment for County and Town Charges in each Town respectively Be and hereby are Impowred to assess the Inhabitants and others Resident within such Town and the Precincts 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 according 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 person 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 present at such Meeting for the Maintainance and Support of the Ministry Schools the Poor and for the defraying of other necessary Charges arising within the said Town Assessors or Town Clerk to make out a Warrant for Levying the same and thereof to make distinct and perfect Lists under their Hands or the major part of them setting down every persons 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 are hereby respectively Impowred thereto directed unto the Constable or Constables of the said Town for the speedy Levying and Collecting of such Assessments and to pay in the same unto the Select-men or to such person as they shall appoint for Receiver Distress to be made on Delinquents within the time thereby prefixt And to make Distress upon all such who shall neglect or refuse to make payment And for want of Goods or Chattels whereon to make Distress to Seiz the person and Commit him 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 Persons Over-rated to be Eased And if any person think himself Over-rated and make it so appear unto the Assessors he shall be Eased And if they refuse such person agrieved may make his Application unto the Justices in Quarter Sessions who are hereby Impowred to Rectifie the same And all Constables having any such Assessment committed unto them shall Settle and Issue their Accompts thereof with the Select-men or Receiver appointed by them Constables to Settle and Issue their Accompts with in 3 months after the Expiration of their year within three months after their time or year is Expired on pain of Forfeiting the Sum of Twenty Shillings per Month for each Months Neglect afterward to the
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 respect and being thereof Convicted before one Justice of the Peace shall Forfeit the Sum of Twenty Shillings Penalty for Neglect to the Use of the Poor of such Town and to be Levied by Distress and Sale of such Offenders Good by Warrant from such Justice of the Peace upon Neglect or Refusal of payment And in case the Select men in any Town shall unreasonably deny to call a Meeting of the Inhabitants of such Town Justice to give Warrant for Town-Meeting in case 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 County 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 An Act For making of Lands and Tenements liable to the Payment of Debts VVHEREAS the Estates of Persons within this Province do chiefly consist 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 Representatives Convened in General Court and by the Authority of the same That all Lands or Tenements belonging to any person in his own proper right in Fee Simple shall stand charged with the payment of all just Debts owing by such person as well as his personal 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 for ever Superiour Court may Impower Executors Administrators to Sell Land for payment of Debts Also where the Goods and Moveables of any person Deceased shall not be sufficient to answer the just Debts which the Deceased owed Upon Representation thereof and making the same to appear unto the Superiour Court within the County where such Deceased Person last Dwelt the said Court are hereby Impowred to Licence and Authorize 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 Purchaser And further it is Enacted by the Authority aforesaid That where any person shall make Sale or other Alienation of any Lands or Tenements to him of right belonging with Intent to Defeat and Defraud his Creditors of their just Debs not Bona Fide for good and valuable consideration 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 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 BE it Enacted and Ordained by the Governour Council and Representatives in General Court Assembled and by the Authority of the same 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 Majesties Province for the Proving and Sealing all Weights and Measures thereby And the Constables of every Town throughout this Province not already Supplied shall within three Months next coming provide upon the Towns 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 aforesaid 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 Two-pence for every Weight and Measure so Tried and Proved and Sealed And the Constables of every Town shall Commit those Weights and Measures unto the Custody of the Select-men of their Towns for the time being who with the Constables 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 faithful Discharge of his Duty And shall have power to send forth his Warrants 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 Summoned That then and there all such Weights and Measures may be Proved and Sealed with the Town Seal which is likewise to be provided by the Constables at each Towns Charge who shall have for every Weight and Measure so Sealed one penny from the Owner thereof at the first Sealing And all such Weights 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 by the authority aforesaid That if any Constable Select man or Sealer do not duly Execute this Law so far as to each every of them appertains they 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 Support of their Government here And every person Neglecting to bring in their Weight 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 penalty herein mentioned to be Levied by Distress by Warrant from any Justice of the Peace And it is further Enacted by the authority aforesaid That
in every Sea-port-Town within this Province the Constable or Constables are to provide upon the Towns Charge One Hundred Weight one Half Hundred one Quarter of an Hundred and one Fourteen Pounds Weight made of Iron to be Tried Proved and Sealed as aforesaid and be kept as Standards in the said several Towns to be used as before for other Weights and Measures is directed An Act Against the Counterfeiting Clipping Rounding Filing or Impairing of Coynes WHEREAS divers False and Evil Disposed Persons have attempted and practised for Wicked Lucre and Gains sake to Diminish Impair and Falsifie the Money and Coynes Currant within 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 withal 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 That the Coyn of the Late Massachusetts Colony Massachusetts Coyn pieces of Eight of 17 penny weight made currant shall pass currant at the rate it was Stampt for And Pieces of Eight Sevil Pillar and Mexico of full Seventeen penny Weight shall pass Currant at Six Shillings Per Piece and Half Pieces of Due Weight Pro Rato and Quarter Pieces of the same Coin at Sixteen pence Per Piece and Realls of the same Coin at Eight Pence Per piece And whosoever from and after the Publication of this Act shall Attempt and Practice the Counterfeiting or Clipping Rounding Filing or otherwise Diminishing Penalty for Counterfeiting Clipping c. of Coyns 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 Counterfeited 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 off 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 BE it therefore Enacted by the Governour Council and Representatives Convened in General Court or Assembly and it is Enacted by the Authority of the same That no person or persons whatsoever No Mackerel to be Salted up before the first of July after the Publication hereof shall Save or Salt any sort of Fish that it intended to be dried in Cask or Fattes or any other way then what hath formerly and honestly been practised for the making of dry Fish on penalty of Forfeiting all such Fish so Salted and Pickled whether it be Green or Drye How dry Fish shall be Saved The one Moiety thereof to the use of the Poor of the Town where the Offence is Committed and the other Moiety to the person that shall Sue for the same And it is further Enacted by the authority aforesaid That henceforth no Mackrel shall be Caught except for spending whilst fresh before the first of July annually And no person or persons whatsoever after the publication hereof shall at any time or place within this Province Take Kill or Hale ashore any Mackrell with any sort of Nets or Sa'ens whatsoever on penalty of Forfeiting all such Mackrel so Taken or Haled ashore Penalty for Taking Mackarel in Netts or Sâ—â—â—â—s and also all such Nets and Sa'ens 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 Inform 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 like value in Currant Mony of this Province An Act For the Establishing of Judicatories Courts of Justice within this Province FOr the more Orderly Regulation and Establishment of Courts of Justice throughout this Province BE it Enacted and Ordained by His Excellency the Governour Council and Representatives Convened in General Assembly And it is hereby Enacted and Ordained by the Authority of the same That all manner of Debts Trespasses Justices Court 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 Determined 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 appear 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 Plantiffs 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 Defendants 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 such Defendant into Custody and him to carry and convey to the common Goal of the County or Precinct there to remain until he hath satisfyed the Said Fine Debt or Damage with Charges And in case such Complainant be Non-Suited 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 form above Expressed 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 Party 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 Appeal there with Effect 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
here under Written Be and are hereby Established To be Given and Administred unto the Respective Officers for whom they are appointed As followeth YOU A. B. being Chosen Counsellors Oath and Admitted of Their Majesties Council within this 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 Management of the Publick Affairs 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 YOU A. B. Swear Justice of Peace Oath That as Justice of the Peace in the County of S. according to the Commission given you You shall Dispense Justice Equally and Impartially in all Cases And do Equal Right to the Poor and to the Rich after your Cunning 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 â—irect your Warrant to the Sheriff his Under Sheriff or Deputy Tything-men or other Officers proper for the Execution of the same in the County And this you shall do without Favour or Respect to Persons So help you God YOU Swear That you will well and truly Serve the King and Queens Majesties in the Office of the Sheriff of the County of S. And do the King and Queens profit in all things that belongeth to you to do by way of your Office as far forth as you can or may Sheriff or Marshals Oath Mutatis Mutandis you shall truly keep the King and Queens Rights and all that belongs to the Crown you shall not Respite the King and Queens 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 mans Right you shall truly Acquit at the Treasury all those of whom you shall any thing receive of Their Majesties Debts you shall nothing take whereby Their Majesties may lose or whereby the Right may be Letted or disturbed 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 shall cause each of your Bayliffs to make such Oath as you make your self in that belongeth to their Occupation And over this in Eschewing and Restraint of the Man-slaughters Robberies and other manifold Grievous Offences that be done daily All these things you shall truly observe and keep as God help you YOU as Foreman of this Inquest for the Body of this County of S. You shall diligently Enquire Grand Jurors Oath and a true Ptesentment make of all such Matters and Things as shall be given you in Charge The King and Queens 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 you 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 Soveraign Lord and Lady Petit Jurors Oath the King and Queen and the Prisoners at the Bar whom you shall have in Charge according to your Evidence So help you God YOU Swear Jurors Oath in civil Cases That in all Causes betwixt Party and Party that shall be Committed unto you You will give a true Verdict therein according to Law and the Evidence given you So help you God YOU Swear Town Clerks Oath That in the Office of Town Clerk within the Town of B. whereto you are Chosen You will diligently and faithfully Attend Discharge the Duty of your Place 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 Oath of Leather Sealer Clerk of the Market Culler of Eish Packer Gager Mutatis Mutandis That you will from time to time diligently and faithfully Discharge and Execute the Office of within the Limits whereto you are Appointed for the Ensuing Year and until another be Chosen in your place and that in and by all the particulars mentioned in the Laws whereto your Office hath Relation and that you will do therein Impartially according to Law without Fear or Favour So help you God WHEREAS you A. B. are Chosen Constable within the Town of C. for One Year now following Constables Oath and until other be Chosen and Sworn in your Place You do Swear 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 Lawful 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 Mony for which you shall have sufficient Warrants according to Law Rendring an Accompt thereof and paying in the same according to the Direction in your Warrant And with like faithfulness Speed and Diligence will Serve all Writs Executions and Distreffes in Private 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 An Act For the Establishing of Presidents and Forms of Writts and Processes BE it Enacted and Declared by the Governour Council and Representatives in General Court assembled And by the Authority of the same That the several Forms of Writts and Processes here under Written Be and hereby are Established to be the Forms to be observed by the Respective Officers that are or
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 _____ to be Holden at B. upon the last Tuesday in _____ Moneth next Witness J. R. Esq in B. the _____ day of _____ 169 In the _____ Year of our Reign J. VV. Scire Facias VVILLIAM and MARY c. To our Sheriff or Marshal of our County of S. c. Greeting Whereas C. D. before our Justices of our _____ Court of _____ Holden for or within our said County of S _____ at B _____ 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 Precinct 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 shew cause if any he have wherefore the said C. D. ought not to be have his Execution against him of the Debt and Cost 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 Witness J. R. Esq at B. the _____ day of _____ In the _____ Year of our Reign J. W. Summons to give Evidences Suffolk ss TO A. B. of C. In Their Majesties Names you are Required to make your Appearance before Their Majesties Justices on 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 Penalty of the Law in that behalf made and provided Dated in B _____ the _____ day of _____ In the _____ Year of Their Majesties Reign Replevin Suffolk ss TO the Sheriff or Marshal of the said County or Constables of the Town of M. 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 fall 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 Writ of Error WILLIAM and MARY c. To A. B. _____ Greeting Whereas in the Record and Process and also in giving 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 of his 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 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 _____ day of _____ In the _____ Year of our Reign Supersedeas WILLIAM and MARY c. To the Sheriff of our County of _____ 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 were adjudged wherof he is Convict 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 of _____ 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 Out lawing or in any thing molesting the
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 Offence 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 provention of unjust vexation by reiterated Commitments for the same Offence Reasons set at large not to be Recommitted but by Order of Court Be it Enacted by the authority aforesaid That no person or persons which shall be delivered or set at large upon any Habeas Corpus shall at any time hereafter be again Imprisoned or Committed for the same Offence by any person or persons whatsoever other than by the Legal Order and Process of such Court wherein he or they shall be bound by Recognizance to appear or other Court having Jurisdiction of the Cause And if any other person or persons shall knowingly contrary to this Act Recommit or Imprison or knowingly procure or cause to be Recommitted or Imprisoned 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 Party grieved the Sum of Two Hundred Pounds any colourable pretence or variation in the Warrant or Warrants of Commitment notwithstanding to be Recovered as aforesaid Provided always be it further Enacted That if any person or persons shall be Committed for High Treason or Felony plainly and specially expressed in the Warrant of Commitment Persons Committed for Treason or Felony shall be Indicted the next Term or let to Bayl. upon his Prayer or Petition in open Court the first week of the Term or first day of the Sessions of Oyer Terminer or General Goal Delivery to be brought to his Tryal shall not be Indicted some time to the next Term Sessions of Oyer Terminer or General Goal Delivery after such Commitment it shall and may be lawful to and for the Justices of the Superiour Court Justices of Over and Terminer or General Goal Delivery and they are hereby Required upon motion to them made in Open Court the last day of the Term Sessions 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 upon his Prayer or Petition in Open 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 Imprisonment for such his Criminal Offence he shall be kept in Custody according to the Law for such other Suit Provided always and be it Enacted by the Authority aforesaid That if any of their Majesties Subjects shall be committed to any Prison or in Costody 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 Corpus 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 Work-House 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 Countersignâ— any Warrant or Warrants for such Removal aforesaid contrary to this Act as well he that Makes or Signs or Counter-signs 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 be it further Enacted by the authority aforesaid Penalty c. for denying an Habeas Corpus That it shall and may be Lawful to and for any Prisoner 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 Copy or Copies were denied as aforesaid shall deny any Writ of Habeas 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 Hundred Pounds to be Recovered in manner aforesaid Provided always and be it Enacted That no Person or Persons shall be Sued Impleaded Prosecution for Offences within what time to be made Molested or Troubled for any OFFENCE against this ACT unless the Party 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 Prison 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 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 Be it Enacted 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 pursuance 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 what to Justice shall appertain Provided nevertheless that after the Assizes are 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 That if any Information 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 AN ACT For the Revising 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 VVHereas at the Session of this Court in June last past An Act was made Entituled an Act For continuing the Local Laws to stand in Force till November the Tenth One Thousand Six Hundred Ninety and Two which Act is near Expired And Forasmuch as Provision in many Cases is not yet made BE it Enacted by the Governour Council and Representatives in General Court Assembled And by the Authority of the same That the Said Act and every part of it Be and hereby is revived and Continued in full Force to all intents and Purposes from and after the Said Tenth Day of November and shall so Continue until the General Assembly shall take further Order And Whereas at the aforesaid Session one Other Act was Made Entitutled 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 which Act is also near Expired 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 That the Said Act and every part of it be and hereby is revived and Continued in full Force to all intents and Purposes from and after the Expiration of the Six Months in Said Act Mentioned and shall so continue unto the First Day of the Sessions of this Court which shall be in May next and no longer FINIS