duly returned shall remove or go out of the Province and not attend the Service as required such person at his return shall be apprehended 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 Offence by the Oath of him that imprest him shall suffer three months Imprisonment Penalty on persons that remove after being imprest 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 otherwise shall prevent the impressing conceal any person impressed or knowingly further his Escape such person shall pay as a Fine Forty Shillings And be it further Enacted by the Authority aforesaid Time of Souldiers pay 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 And if any Captain or other Chief Officer shall dismiss any Souldier Retained in His Majesties Service and assume another for gain Penalty for dismissing any Souldier and assuming another for 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 provided for the fine or penalty on Officers neglecting to execute Warrants for impressing of Souldiers And be it further Enacted by the Authority aforesaid That all such Souldiers and Seamen that have been Wounded in His Majesties Service within this Province and are thereby Maimed or otherwise disabled Pensions and had yearly Pensions heretofore allowed them shall have the continuance of the same during their abode in this Province 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 Majesties Service within this Province shall be relieved out of the Publick Treasury as the Great and General Court or Assembly shall Order And if any Souldier shall lose his Arms in His Majesties Service not through his own neglect or default such loss shall be born by the Publick Loss of Arms. 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 Provided 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 An Act against Deserters FOR the better Preventing of Souldiers or Marriners Departure from their Captains or Commanders without leave or Deserting His Majesties Service Be it Enacted and Declared by his Excellency the Governour by and with the Advice and Consent of the Council Penalty for deserting His Majesties Service and Representatives in General Court Assembled and by the Authority of the same That no Souldier or Marriner retained in His Majesties Service and Born in His Majesties pay in Garrison or elsewhere by Sea or Land shall Depart without Licence of his Commander and Desert His Majesties Service on Pain of being proceeded against as a Felon and shall suffer the pains of Death or some other grievous Punishment at the Discretion of the Court before whom the Tryal shall be And every Justice of the Peace within his Precinct How deserters shall be tryed is hereby Authorized and Required to cause all such Deserters or Run-away Souldiers or Marriners 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 Court of Oyer and Terminer by Commissioners to be specially Appointed and Impowred for that purpose An Act for Punishing of Officers or Souldiers who shall Mutiny or Desert His Majesties 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 Majesties Subjects and Interests therein and in the Neighbouring Provinces or Colonies And 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 judgment of his Peers and according to the known and Established Laws of the Province Yet nevertheless it being requisite for retaining such Forces as shall be Raised for His Majesties Service on occasion as before mentioned in their Duty that an exact Discipline be observed and that Souldiers who shall Mutiny or Stir up Sedition or shall Desert His Majesties Service be brought to a more exemplary and speedy punishment than the usual Forms of Law will allow Be it therefore Enacted by His Excellency the Governour Officers or Souldiers exciting or joyning in Mutiny or Sedition or deserting the Service how to be punished by and with the Advice and Consent of the Council and Representatives in General Court Assembled and it is Declared by the Authority of the same That every person that shall be in His Majesties Service being Mustered and in Pay as an Officer or Souldier who shall at any time during the continuance of this Act excite cause or joyn in any Mutiny or Sedition in the Army Fortress or Garrison whereto such Officer or Souldier belongs or shall desert His Majesties Service in the Army Fortress or Garrison shall suffer Death or such other punishment as by a Court Martial shall be inflicted Captain General or Commanders in Chief of the Province with the consent of the Council to grant Commission for Courts Martial And it is hereby further Enacted and Declared That the Captain General or Commander in Chief of this Province for the time being may by virtue of this Act and during the continuance thereof 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 His Majesties Service and under Pay from time to time to call and assemble Courts Martial for punishing such Offences as aforesaid And it is hereby further Enacted and Declared That no Court Martial which shall have power to inflict any punishment by virtue of this Act for any of the Offences aforesaid shall consist of fewer than Eleven Constitution of such Court. whereof none to be under the degree of a Commission Officer And the Praesident of such Court Martial not to be under the degree of a Field Officer Power to Swear witnesses or the then Commander in Chief of
had and obtained as aforesaid On pain of forfeiting 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 Select-men or major part of them with the Chief Military Officer of any Town or Precinct from which any such person shall remove without Licence as aforesaid Forfeiture how to be applyed and recovered are hereby ordered and enjoyned to send a Certificate in Writing under their hands of the removal of such person and time when unto some of His Majesties Justices of the Peace in the County where they shall be informed such person may be found And every Justice of the Peace unto whom such Certificate or Complaint shall be brought is hereby impowred and required to grant a Warrant for the apprehending of such person if he may be found within his Precinct and conventing of him before himself or some other of His Majesties Justices who shall require sufficient Security for such persons 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 Justices of the Peace to apprehend persons so removed and transmit the Recognizance taken for such persons appearance accordingly unto the Court. And in case the party 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 Constable to Constable and carried before one of His Majesties Justices within the County from whence he removed who is impowred and required to commit such Offender unto the Common Goal of the County unless he can find Security as aforesaid And if such person be Convicted of the said Offence 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 Town or Precinct as the Select men shall direct until by his Service he shall have fully answered and satisfied the said forfeiture Provided this Act shall continue and be in force until the end of the Session of the General Assembly to begin and be held in May in the Year of our Lord One Thousand Seven Hundred and One and no longer 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. Intituled An Act for the Establishing of Precedents and Forms of Writts and Processes in Civil Causes and for making other Provision instead thereof WHEREAS in and by the aforesaid Act amongst other things it was Enacted That where any Execution shall be returned satisfyed in part only the Officer who granted the same may ex Officio renew or make out an Alias Execution for the Remainder provided it be done within the space of Twelve Months next after Judgment given without a Scire Facias being sued forth by the party that recovered the Judgment which said Clause or part of the Act aforesaid being found by Experience to be inconvenient and prejudicial in many respects Be it Enacted and Ordained by His Excellency the Governour Council and Representatives in General Court Assembled and by the Authority of the same 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 Be it further Enacted and Declared by the Authority aforesaid 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 or 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 Custome or Usage to the contrary in any wise notwithstanding An Act in Addition to the Act for building with Stone or Brick in the Town of Boston and preventing Fire FORASMUCH as notwithstanding the good and wholesome Provision 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 Past 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 Be it Enacted by His Excellency the Governour Council and Representatives in General Court Assembled and by the Authority of the same That the Court of General Sessions of the Peace within the County of Suffolk Penalty on such as have built with Timber contrary to Law be and is hereby Impowred and Required to take effectual Order for the enquiring after and conventing before them all persons 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 Condition of such Licence and upon due conviction of any such Offence to fine every such person and persons at the discretion of said Court according to the circumstances aggravating the Offence Fines how to be applyed 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 towards the Raising of a Stock for the Setting of the Poor on work within the said Town at the Work-house for that purpose appointed or to be
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 until the end of the Session of the General Assembly to Meet and Sit in May which will be in the Year of our Lord One Thousand Seven Hundred and One and not afterwards An Act for Levying Souldiers FOR the more speedy and effectual levying of Souldiers for His Majesties Service when and so often as there shall be Occasion of the same for the preservation and defence of His Majesties Subjects and Interests and the prosecuting encountring repelling or subduing such as shall at any time attempt in hostile manner to enterprize the destruction invasion detriment or annoyance of this His Majesties Province or any of His Majesties Subjects therein And for the better preventing disappointments through default of any imployed in levying of such Souldiers or by the non appearance of such as shall be so levyed Be it Enacted by His Excellency the Governour Council and Representatives in General Court Assembled and by the Authority of the same Chief Officer of a Regiment upon orders receied to grant Warrants forth with for the Impressing Souldiers That when and so often as the Chief Officer of any Regiment of Militia within this Province shall receive Orders from the Captain General or Commander in Chief for the time being of the said Province for the detaching and improssing or causing to be detached and impressed for His Majesties 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 sit requiring them respectively to detach and impress out of the Miliâ—ia in the Companies or Troops under their Command so many able Souldiers furnished and provided as the Law directs as in the whole shall make up the number which by the Orders of the Captain General or Commander in Chief he shall be directed to detach and impress Penalty for neglect On pain that every Chief Officer 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 mentioned shall forfeit and pay a Fine of Twenty Pounds And every Captain or other Chief Officer of any Company or Troop that shall receive any Warrant from the Chief Officer of the Regiment whereto such Company or Troop belongs Captains of Companies to have so many Souldiers in readiness as he shall be required for the impressing out of the same any Souldier or Souldiers for His Majesties Service shall there upon 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 Randevouz in time as therein shall be mentioned On pain that every Captain or Chief Officer of any Company or Troop that shall neglect or not do his utmost to comply with and perform any Warrant to be by him received as aforesaid from the Chief Officer of the Regiment shall for such his Neglect and default Penalty for neglect pay a Fine of Ten Pounds And every Officer or Souldier that shall receive a Warrant from his Captain or the Chief Officer of the Company or Troop in which he is inlisted Persons imploy'd to Impress their penalty for neglect Penalty for not assisting them No reward to be taken for sparing any Forfeitures how to be recovered for the detaching or impressing of men shall forthwith attend and perform the same on pain of paying a Fine of Five Pounds and all persons are required to be aiding and assisting to him in the Execution of such Warrant on pain of forfeiting the Sum of Forty Shillings And if any person authorized as aforesaid to impress any Souldier or Souldiers for His Majesties Service shall exact or take any reward to discharge or 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 one Moiety thereof unto His Majesty for and towards the Support of the Government of this Province and the other Moiety to him or them that shall inform and sue for the same by Action Bill Plaint or Information in any Court of Record And be it further Enacted by the Authority aforesaid That every person liable and fit for Service being orderly impressed as aforesaid for His Majesties Service Penalty for persons imprest neglecting to appear by being Commanded in His 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 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 Captain or Chief Officer by whose Warrant he shall be impressed the Sum of Ten Pounds to be imployed 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 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 Officer to whom the said Sum of Ten Pounds shall be paid as aforesaid by any person impressed cannot seasonably procure another suitable person to Serve in the stead of him so paying the said fine such Captain or Chief Officer shall in such case forthwith 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 And all persons lawfully impowred to impress may pursue any person that hides from the Press Persons impowred to impress their power to pursue or makes his Escape and may by himself or Deputy impress such person in any place within the Province And if any person impressed for His Majesties Service being so
appointed Grand jury to enquire present such Transgressions And the Grand Jury for the said County from time to time are required diligently to enquire after and to present unto the Court all transgressions of the Law in that kind which shall come to their knowledge And inasmuch as it may be of no apparent hazard unto the said Town and for the ease and benefit of divers Inhabitants and Proprietors within the same That in some parts of the said Town of Boston Timber Buildings should be permitted and allowed to be Erected Be it Enacted by the Authority aforesaid That the Justices of Peace Governour Council may grant Licence to build with Timber and the Select-men of the said Town of Boston or the major part of each certifying their approbation thereof the Governour and Council may grant Licence for the setting up of Timber Houses and Buildings with and under such Conditions Limitations 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 An Act relating to Billerica Bridge in the County of Middlesex FOR Issuing of the Controversie between the Towns of Groton Billerica and Chelmsford and the Inhabitants of the Farms adjacent arising by reason of the refusal or neglect of the Agents for the 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 Billerica in the County of Middlefex which ought in equity to have been paid the Sum being Twenty Four Pounds and Ten Shillings Be it Enacted by His Excellency the Governour Council and Representatives in General Court Assembled and by the Authority of the same That the Court of Quarter Sessions of the Peace to be holden at Concord in the said County of Middlesex on the Second Tuesday of June next are hereby ordered and impowred to issue and send forth a Warrant to the Select men or Assessors of the said Town of Groton requiring them forthwith to Levy and Assess the said Sum of Twenty Four Pounds 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 unto Major Thomas Hinksman Major Jonathan Tinge and Mr. John Lane Undertakers for the Building of the Bridge lately Erected in Billerica above-said 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 any thing further toward the Repair or Rebuilding said Bridge at any time for the future unless the General Court or Assembly shall order the same An Act directing how Rates or Taxes to be Granted by the General Assembly shall be assessed and collected FORASMUCH as for the Support of the Government of this His Majesties 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 Polls and Estates for the support 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 Be it Enacted by His Excellency the Governour Council and Representatives in General Court Assembled and by the Authority of the same That in the month of March annually at the same time when Town Officers are chosen by the respective Towns within this Province according to the direction of the Act Entituled Assessors to be annually chosen in the Month of March An Act for Regulating of Townships choice of Town Officers 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 Affairs then present or the major part of them three five seven or nine meet persons 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 appoint such Town to pay towards the Publick Charges of the Province within or during the space of one year from the Choice of such Assessors Every of which so Chosen to be Sworn 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 Assessors Oath YOU A. B. being Chosen an Assessor of such Rates or Taxes as the Great and General Court or Assembly of 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 essissing 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 And the Town Clerk or two of the Select-men 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 dayes 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 mentioned 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 Penalty on Assessors chosen that shall refuse the Sum of Forty-Shillings and if in Boston Five Pounds to be recovered in manner and form as is by Law provided for recovering of sines and forfeitures to the use of the poor And the Select-men of every such Town where any one or more
of the Assessors so chosen as aforesaid shall refuse to Serve as aforesaid shall forthwith after notice thereof Summon a Meeting of the Freeholders and Inhabitants of such Town to choose one or more Assessor or Assessors in the room or rooms of such so refusing a new choice to be made Which Freeholders 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 fame Provided nevertheless That it shall be in the power of the Court of General Sessions of the Peace upon reasonable excuse made unto them by any Assessor or Assessors chosen for any Town or Towns in the County for which such Court is holden and kept Court of General Sessions of the Peace Impowred to abate or remit the Penalty that shall retuse to accept as aforesaid to abate and remit unto such Assessor or Assessors if they see cause the forfeiture or penalty aforesaid And be it further Enacted by the Authority aforesaid That if any Town shall not choose Assessors as aforesaid or if so many of them so chosen as aforesaid Select men or Trustees of Towns to be Assessors in case shall refuse to accept as that there shall not be such a number of them as any Town shall agree to be the Assessors thereof Then and in either of the said Cases the Select-men 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 Assessors Allowance And each Assessor attending that Service shall be allowed and paid out of the Town Treasury Two Shillings Per Diem for each day he is necessarily imployed thereabout And be it further Enacted by the Authority aforesaid That if at any time there shall be a default or neglect in any Town or Precinct Penalty on Towns that shall neglict to choose Select-men or Assessors to make choice of Select men or Assessors 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 forseit and pay the Sum of Twenty Pounds for and towards the Support of the Government of this Province and in such case as also where neither the Select men nor Assessors chosen by any Town shall accept thereof the Justices of the Court of 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 to be Assessors of the Publick Rates or Taxes in any such Town as aforesaid Court of General Sessions of the Peace to appoint Assessors in case 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 appointed Assessors their due proportion to any publick Tax according to the Rules set down in the Act for Raising of the same together with the aforesaid forfeiture 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 Service not exceeding Five Shillings a man Per Diem and having assessed the same Allowance to such shall transmit a Certificate there of to the Treasurer with the names of the Constables or Collectors to whom they shall commit the same to be collected And such Assessors shall be paid their Charges as above-said the same being adjusted and certified by two or more Justices of the Court by whom they were appointed Assessors To be paid out of the Publick Treasury 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 by the Authority aforesaid 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 Penalty on Assessors that shall neglect their duty pursuant 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 upon 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 upon 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 authorized and required in such case ex Officio to issue his Warrant requiring the Sheriff or Marshal to Levy the said Sum and Sums 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 be it further Enacted by the Authority aforesaid 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 Penalty of defective Assessors when the Sum to be paid by any Town to a Tax is not made certain 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 convicted 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 unto His Majesty for and towards the Support of the Government of this Province And the Court before whom such conviction shall be shall forthwith thereupon appoint other meet persons to be Assessors of such Rate or Tax according to the directions contained in the Treasurers 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 former Assessors And be it further Enacted by the Authority aforesaid 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 Persons over-rated to be eased 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 shall 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 proportion as aforesaid 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 Justices or Assessors respectively shall see cause to abate him or them with the Charges And the Court of General Sessions of the Peace are Impowred upon the complaint of any party grieved to require the Assessors to produce the Lists of their Assessment And be it further Enacted by the Authority aforesaid That all County and Town Rates and Assessments shall be apportioned by the Select-men or Assessors of the several Towns and Precincts within this Province Town County Rates to be apportioned by the same rule as publick Taxes granted the same year upon the Inhabitants and Estates within the same according to the Rule that shall from time to time be prescribed and set by Act of the General Assembly for the apportioning and assessing of the Publick Taxes that shall be granted unto His Majesty in that same year And such Select men 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 aforesaid That the Freeholders and Inhabitants of any Town duly qualified to Vote in Town Affairs may if they see cause at the same time that they choose Assessors as is before provided Collectors of publick Taxes may be chosen at the same time with the Assessors likewise Elect and Choose a meet person or persons to be Collector or Collectors of the 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 Warrant from the Treasurer and Receiver General impowring him to collect such Rates or Taxes as shall be committed to him to collect and shall pay in the same according to the directions in such Warrant And in case of any Constables or Collectors decease before his perfecting the Collection of any publick Assessment committed to him Provision in case of Constables or Collectors decease the Assessors of such Town shall procure and appoint at the Towns Charge some other fit person or persons to perfect the same Collection 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 Enatted by the Authority aforesaid Sheriff to disperse the Treasurers Warrants That the Treasurer and Receiver General shall send such Warrants as he shall be from time to time ordered to issue for the assessing or collecting any publick Rate or Tax inclosed to the Sheriff or Marshal 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 directions thereof And for his Service Charge and Expence therein To be paid out of the County Treasury 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 account thereof before them And be it further Enacted by the Authority aforesaid That if any person or persons shall refuse to pay the Sum or Sums whereat they shall be assessed as their proportion to any publick Rate or Tax in the List committed to any Constable or Collector under the hands of the Assessors of such Town or of the major part of them Constable or Collector impowred to distrein in case c. 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 distrein the person or persons so refusing by his or their Goods or Chattels and the distress or distresses so taken to keep by the space of four dayss 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 days then the said distress or distresses to be forthwith openly Sold at an outery by the said Officer for payment of the said Money Distress to be Sold by Outery notice of such Sale being posted up in some publick place in the same Town twenty four hours be fore hand and the over plus 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 Persons to be committed not having whereof to distrein 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 person or persons to the Common Goal there to be kept without Bail or Mainprize until payment shall be made And be it further Enacted by the Authority aforesaid That where any person or persons shall remove from any Town or place where he or they lived Persons removing from the place where they were assessed may be taken in any other 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 with Warrant to collect and he is 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 and upon refusal or neglect to pay