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A52196 Acts and laws passed by the great and general court or assembly of Their Majesties province of the Massachussets-bay, in New England begun at Boston, the eighth day of June 1692, and continued by adjournment, unto Wednesday the twelfth day of October following : being the second sessions. Massachusetts. General Court. 1692 (1692) Wing M950; ESTC R8928 80,538 97

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00 01 00 Taxing every Eill of Cost One Shilling 00 01 00 whereof Six-pence to the Clerk 00 00 06 To the Jury to be paid down by the Plaintiff Six Shillings Six-pence 00 06 06 Clerks Fees For every Writ and Seal One Shilling 00 01 00 Entring Appearance six-pence 00 00 06 Eutring and Recording the Verdict One Shilling 00 01 00 Making up the Record One Shilling 00 01 00 Copys of all Records Twelve Pence each page as before 00 12 00 Every Action withdrawn or Non-Suit one shilling 00 01 00 Every Execution Two shillings 00 02 00 Clerk of the Sessions or Peace his Fees ENtring Complaint or Indictment Two shillings 00 02 00 Discharge of a Recognizance One Shilling 00 01 00 Making forth Process against Criminals One shilling 00 01 00 Every Summons Three-pence 00 00 03 Every Warrant for the Peace or good Behaviour one shilling 00 01 00 Every Licence for Houses of Publick Entertainment or Retailing Five shillings 00 04 00 whereof two to the Clerk 00 02 00 Sheriff or Marshals Fees or Constables   l s d FOr Serving every Summons for Tryal one shilling 00 01 00 Every Capias or Attachment Two shillings 00 02 00 And if above one Mile three-pence per Mile besides       Bayl Bond One Shilling 00 01 00 Levying Execution for the first Twenty Pound or under One shilling Per Pound above that not Exceeding Forty Pound six-pence per Pound       Above Forty Pound not exceeding One Hundred Pound Three-pence per Pound for whatsoever it exceeds One Hundred Pound Two-pence per Pound Besides Four-pence per Mile for Travel from Home       Every Tryal One shilling 00 01 00 Every Precept for Choosing of Representatives Two Shillings to be paid out of the County Assessment 00 02 00 Cryers Fees For calling of the Jury six-pence 00 00 00 Every Non Suit Twelve-pence 00 01 00 Every Verdict Twelve-pence 00 01 00 Goalers Fees For Turning of the Key upon every Prisoner Committed five shillings viz. Commitment 2 s. 6 d. Discharge 2 s. 6 d. 00 05 00 for Diet for each Prisoner Two Shillings and six-pence per week and so proportionable he finding the same 00 02 06 And be it further Enacted by the Authority of the same That what Officer soever shall ask demand and take any greater or other Fee's than are beforementioned for the matters aforesaid or any of them and be thereof duly Convicted in any Court of Record within this Province shall forfeit and pay the sum of Ten Pounds currant Money One Moiety whereof to be unto Our Soveraign Lord and Lady the King and Queen Their Heirs and Successors for and towards the Support of the Government of this Their Province and the contingent charges thereof And the other Moiety unto the Informer or him that shall sue for the same in any Court of Record wherein no Essoign protection or wager of law shall be allowed And shall further pay unto the party grieved double the value of the excessive Fees so taken An Act For Ascertaining the number and Regulating the House of Representatives WHereas Their Majesties have been Graciously pleased by Their Royal Charter to grant power unto the Great and General Court or Assembly of Their Province of the Massachusetts-Bay from time to time to direct appoint and declare what number of Represensentatives each County Town or place shall Elect and Depute to serve for and Represent them Respectively in the said Assembly BE ir therefore Enacted and Ordained by His Excelleney the Governour Council and Representatives now in General Court Assembled And by the Authority of the same That henceforth every Town within this Province consisting of the Number of Forty Freeholders and other Inhabitants qualified by Charter to Elect shall and hereby are Injoyned to Choose and send one Freeholder as their Representative and every Town consisting of the Number of one Hundred Twenty Freeholders and other Inhabitants qualified as aforesaid or upwards may send Two such Representatives and each Town of the number of Thirty Freeholders and other Inhabitants qualified as aforesaid or upwards under Forty are at liberty to send or not but may Choose and send one Representative if they think fit to serve for and Represent them Respectively in every Session of the Great and General Court or Assembly from time to time And all Towns under Thirty Freeholders may send one to Represent them or Joyn with the next Town in the Choice of their Representatives they paying a proportionable part of the Charge And no Town shall at any time send more than Two Representatives except Boston who are hereby granted to choose and send Four And be it further Enacted by the Authority aforesaid That when and so often as His Excellency the Governour shall see cause to Convene and Hold a Great and General Court or Assembly Writts shall Issue out from the Secretarys Office under the Seal of the Province and Signed by the Governour Thirty days at least before the time appointed for such Assemblys meeting directed unto the Sheriffs of the several Counties And where there is no Sheriff in any County or place there to be directed to the Marshall commanding each of them respectively to send his Precepts to the Select men of the several and respective Towns within such County to Assemble and call together the Freeholders and other Inhabitants qualified as aforesaid to Choose and Elect one or more Freeholders as the number in each Town is more or less as above to serve for and Represent them in such Great and General Court or Assembly The major part of the Select-men in each Town respectively to be present at such Meeting and to give Directions for the regular and orderly Carrying on of the same Who are to Return the said Precept with the Names of such as shall be Chosen by the major part of the Electors present at such Meeting under their Hands unto the Respective Sheriffs or Marshals by them to be returned into the Secretary's Office one day at the least before the time prefixed for the said Court or Assemblies Sitting And it is further Enacted by the Authority aforesaid That the Representatives Assembled in any Great and General Court shall be the Sole Judges of the Elections and Qualifications of their own Members and may from time to time Settle Order and Purge their House and make such necessary Orders for the due Regulation thereof as they shall see occasion And Forty Representatives at any time so Assembled shall be accounted a Number sufficient to Constitute a House Pass Bills and to Transact and Do Business proper to be done in that House and such Acts to be esteemed valid and of Effect And it is further Enacted by the authority aforesaid That each Town respectively shall pay unto their several Representatives during their Attendance on the Court and for the necessary Time Expended in their Journeying to and from thence Three Shillings in Money Per Diem
one to whom any Share shall be allotted shall give Bond with Sureties before the said Judge of Probate if Debts afterwards be made to appear to Refund and Pay back to the Administrator His or Her Ratable part thereof and of the Administrators Charges The Widows Thirds or Dower in the Real Estate at the Expiration of her Term to be alike Divided as aforesaid Right of Appeal Saved Saving to any Person agrieved at any Order Sentence or Decree made for the Settlement and Distribution of any Intestate Estate their Right of Appeal unto the Governour and Council Every Person so appealing giving security to Prosecute the Appeal with Effect Be it further Enacted by the Authority aforesaid That if any Executor or Executors of the Will of any Person deceased Executors to cause Probate of Wills to be made in thirty days next after the Testators Death Knowing of their being so named and Appointed shall not within the Space of Thirty days next after the Decase of the Testator cause such Will to be proved and Recorded in the Registers Office of the same County where the Deceased Person last dwelt or present the said Will and declare his or their refusal of the Executorship Every Executor so neglecting of his or her Trust and Duty in that behalf without just Excuse made and accepted for such delay shall forfeit the Sum of Five Pounds Per Month from and after the Expiration of the said Thirty Days until he or they shall cause Probate of such Will to be made Penalty for Neglect or present the same as aforesaid Every such Forfeiture to be had and recovered by Action or Information in the Inferiour Court of Pleas in the same County And to be disposed of one Moity thereof to the use of the Poor of the Town where the Deceased Person last dwelt and the other Moity to him or them that shall Inform and Sue for the same And upon any such refusall of the Executor or Executors the Judge shall commit Administration of the Estate of the Deceased Cum Testamento annexo unto the Widow or next of Kin to the Deceased Upon Refusal Administration to be committed cum Testamen to annexo Executors by Wrong and upon their refusal to one or more of the Principal Creditors as he shall think fitt And if any person or persons shall Alienate or Imbezel any of the Goods or Chattels of any person Deceased before he or they have taken out Letters of Administration and Exhibited a true Inventory of all the known Estate of the party Deceased Every person or persons so Acting shall stand Chargeable and be liable to the Actions of the Creditors and other persons grieved as being Executors in their own wrong And the Judge shall cause a Citation to be made out unto the Widow or next of Kin and upon their Neglect of appearance or refusal may Commit Adminastration of any such Estate to some one or more of the Chief Creditors if accepted by them or others as he shall think fit upon their refusal And whereas Bonds for Administration to the County Treasurer to be put in Suit by the Judge according to the former practice of the Courts Bonds for due Administration of the Estates of Intestates were taken in the Name of the County Treasurer and the Obligation made to him his Successors in Said Office or Assigns many of which are still depending It is Further Enacted by the Authority aforesaid That the Judge for Probate of Wills and Granting of Administrations in the Countys respectively be and hereby are fully Impowred and Authorized to call all such Administrators to account and if need be to put the said Bonds or any of them in suit who shall be and hereby are to be held and Esteemed the Assignees of the County Treasurer in that behalf to all Intents Constructions and Purposes in the Law whatsoever An Act For Prevention of Frauds and Perjuries FOR Prevention of many Fraudulent Practices which are commonly endeavoured to be upheld by Perjury and Subornation of Perjury Be it Enacted and Ordained by the Governour Council and Representatives Convened in General Court and by the Authority of the same That from and after the last Day of December in this present Year One Thousand Six Hundred Ninety and Two All Leases Estates Interests of Freehold Parole Leases and Interest of Freehold shall have the force of Estates at will only or Term of Years or any uncertain Interest of in or out of any Messuages Lands Tenements or Hereditaments made or created by Livery and Seisin only or by Parole and not put in writing and Signed by the Parties so making or creating of the same or their Agents thereunto Lawfully Authorized by writing shall have the Force Effect of Leases or Estates at will only shall not either in Law or Equity be deemed or taken to have any other or greater Force or Effect any consideration for making any such Parole Leases or Estates or any former Law or Usage to the contrary notwithstanding Except nevertheless Except Leases not Exceeding three years c. all Leases not exceeding the Term of Three Years from the making thereof whereupon the Rent Reserved to the Landlord during such Term shall amount unto two third parts at the least of the full improved value of the thing Demised And moreover That no Leases Estates or Interests either of Freehold No Leases or states of Freehold to be granted or surrendred by word or Term of Years or any uncertain Interest of in to or out of any Messuages Lands Tenements or Hereditaments shall at any time after the said last day of December be Assigned Granted or Surrendred unless it be by Deed or Note in Writing Signed by the Party so Assigning Granting or Surrendring the same or their Agents thereunto lawfully Authorized by Writing or by Act and Operation of Law And be it further Enacted by the Authority aforesaid That from and after the said last day of December Promises and Agreements by Parole no Action shall be brought whereby to Charge any Executor or Administrator upon any special Promise to answer Damages out of his own Estate 2 or whereby to Charge the Defendant upon any special Promise to answer for the Debt Default or Miscarriages of another person 3 or to charge any person upon any Agreement made upon consideration of Marriage 4 or upon any Con●●●… or Sale of Lands Tenements or Hereditaments or any Interest in or concerning them 5 or upon any Agreement that is not to be performed within the space of one year from the making thereof 6 unless the Agreement upon which such Action shall be brought or some Memorandum or Note thereof shall be in Writing and Signed by the Party to be Charged therewith or some other person thereunto by him lawfully Authorized And be it further Enacted by the Authority aforesaid That from and after the said last day of December Devises