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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A50077 Several laws and orders made at the General Court holden at Boston the twenty seventh of May, 1674; Laws, etc. Massachusetts. 1674 (1674) Wing M1022A; ESTC W7847 1,911 4

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Several LAWS and ORDERS Made at the GENERAL COURT Holden at Boston the twenty seventh of May 1674. And Printed by their Order Edward Rawson Secret Judgements frustrated by Persons WHERE AS in the Lovying of Executions there have fallen our many Difficultyes whereby the Judgements obtained Judgements frustrated by persons Tendring goods Lands not their own howe to be made good have been made frustrate For the prevention whereof The Court do h Order and Declare Where any Execution shall be Levyed on any Houses Lands and Goods and delivered to the Parties for whom the Judgement was granted and the said Execution returned according to Law if it shall appear the Person whose Lands Goods or Houses were levyed by Execution have affirmed or delivered or tendred the said Goods Lands or Houses as his own which in reality were not his own proper Estate and in the some condition of Estate as he did tender them either to the Officer or Parties for whom the Execution is levyed such person so endeavouring by such Action to delude the Law and defraud the Creditor shall be liable to pay double damages to the party grieved and Pay such fine as the County Court shall see cause to impose And of any party that hath obtained an Execution shall adventure to levy the same upon Lands Houses or Goods commonly accunted the Houses Lands or Goods of the person against whom the Judgement was granted and the Execution be returned according to Law if it afterwards appear the said Houses Lends or Goods were not the Houses County Co c. to renew Executions in Case c. Lands or Goods of the said Parties against whom the Judgement was given the party that was so mistaken making the same to appear to the Court that granted the Judgement the said Court shall Order a new Execution for the satisfying of the Judgement notwithstanding the former Execution returned VVHereas it is of great moment in the Administration of Justice that all matters of Records should be saith fully Entred and kept and a● occasion is given forth Clerk of Courts Recorders to be Sworn It is Ordered and Enacted by the Authority of this Court That from henceforth the several Clerks or Recorders of the publick Courts of Justice and the Recorders of the several Counties in this Jurisdiction shall be Sworn by the Courts to which they belong unto the faithful discharge of their Office in all respects and that the form of the Oath be as followeth Their O●th Whereas you A. B. are appointed Clerk of the County Court of C. You do Swear by the Everliving God that you will faithfully and uprightly demean your self in the said Office you shall truly and fairly Enter and Record all Acts and Judgements of the said Court and whatever you shall receive Order and direction from the said Court to do you shall safely and faithfully keep and preserve the said Records and deliver Executions Decrees or Orders to Persons concerned as in duty you ought and true Copies of such Records give forth when regularly called so to do and in all things you shall be faithful and true to the Court So help you God c. THe Law having Provided for Holding of County Courts where Magistratesare wanting by such persons of worth stiled Associates as the Freemen of such Counties should Nominate being allowed and appointed by the General Court And there having been too great a neglect of certifying the General Court the Names of the persons so nominated for their confirmation and appointing such Persons the Associates for that County This Court doth hereby remit former neglects herein And do Declare That notwithstanding such Omissions all former Acts of County Courts shall be accounted good and valid And for time to come do further Declare and Order That in all Counties where Associates are to be appointed Associates of Courts how to be chosen and when to be Sworn c. the Freemen shall make their Nomination of such Associates at the same time yearly when they give in their Nominations for Magistrates which Votes for Nomination of Associates shall be carried also by the same Commissioners of the several Towns sealed up to their Shire meeting there to be opened and those four persons that shall have the most Votes shall be certified under the hands of three of the said Commissioners the Shire Commissioner being one to the Court of Election yearly For the confirmation and Approbation of the said Associates which being obtained the Secretary shall certify the Clerk of the County Court thereof who shall give notice to such Associates to appear at their next County Court there to take their respective Oaths THis Court accounting it their Duty by all due means to prevent appearance of sir and wickedness in any kinde Do order That henceforth it shall not be lawful for any single Woman or Wise in the absence of her Husband to entertain or lodge any In-mate or Sojourner with the dislike of the Select men of the Town or Magistrate or Commissioners who may have cognizance thereof on penalth of five pounds per week on conviction thereof before any Court or Magistrate or be corporally punished not exceeding ten stripes And all Constables are to take cognizance hereof for information in such cases FINIS