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
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
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