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
use of the Poor of such Town and to be Levied by Distress upon such Delinquent Constables Goods by Warrant from one Justice of the Peace being Convented and Convicted of such Neglect before him who is hereby thereto Impowred Provided nevertheless that every Constable at the end of every Three Months shall pay in as aforesaid so much as he shall have Collected within that time And it is further Enacted by the Authority aforesaid That the Select-men or Overseers of the Poor in each Town where there are such Chosen and specially Appointed for that Service are hereby Impowred and Ordered to take effectual care that all Children Youth Idle Persons and Loiterers to be Imployed Upon refusal to labour to be sent to the House of Correction and other persons of able Body living within the same Town or Precincts thereof not having Estates otherwise to Maintain themselves do not live Idly or mispend their time in Loitering but that they be brought up or imployed in some honest Calling which may be profitable unto themselves and the Publick And if any person or persons fit and able to work shall refuse so to do but loiter mispend his or her time wander from place to place or otherwise misorder themselves and thereof be Convicted before one or more Justices of the Peace such person or persons shall by such Justice or Justices be sent to the House of Correction and at their Entrance be whipped on the naked back by the Master of such House or such other as he shall procure not exceeding Ten Lashes and be there kept to hard Labour until he or she be discharged by such Justice or Justices or the Quarter Sessions of the Peace for the same County And it shall and may be lawful for the Overseers of the Poor or Select-men in each Town where there are no other persons specially Chosen and Appointed to be Overseers of the Poor Poor Children to be bound out Apprentices and they are hereby Ordered with the Assent of two Justices of the Peace to Bind any poor Children belonging to such Town to be Apprentices where they shall see convenient a Man Child until he shall come to the Age of Twenty One Years and a Woman Child to the Age of Eighteen Years or time of Marriage which shall be as effectual to all Intents and purposes as if any such Child were of full Age and by Indenture of Covenant had bound him or her self And it is further Enacted by the Authority aforesaid That every person and persons except as in this Act is before excepted being duly Chosen as aforesaid to Serve in the Office of Constable Penalty for not Serving in the Office of Constable who shall refuse to take the Oath to that Office belonging and to Serve therein if he be able in Person to Execute the same shall pay the Sum of Five Pounds to the use of the Poor of such Town And if in the Towns of Boston or Salem the Sum of Ten Pounds and shall forthwith declare his acceptance or refusal and the Town shall proceed to a new Choice and if such person refuse to pay down his Fine he shall be Convented before the next Sessions of the Peace to be held for that County in which such Town lieth who upon Certificate under the Hand of the Town Clerk or two or more of the Select-men that such person was Legally Chosen to the Office of Constable and shewing no just cause to the Sessions for his Excuse the Justices shall Order a Warrant to be Signed by the Clerk of the Peace directed to any of the Constables then in being within such Town to Levy the said Fine by Distress and Sale of such Offenders Goods returning the Over-plus if any be said Fine to be Delivered unto the Overseers of the Poor or Select-men to the Use of the Poor of such Town And be it further Enacted by the Authority aforesaid That if any person or persons come to Persons Entertained in any Town by the space of 3 months and not warned out to be reputed Inhabitants Sojourn or Dwell in any Town within this Province or Precincts thereof and he there Received and Entertained by the space of Three Months not having been warned by the Constable or other Person whom the Select-men shall Appoint for that Service to leave the place and the names of such persons with the time of their Abode there and when such warning was given them returned unto the Court of Quarter Sessions every such person shall be Reputed an Inhabitant of such Town or Precincts of the same and the proper Charge of the same in case through Sickness Lameness or otherwise they come to stand in need of Relief to be born by such Town Unless the Relations of such poor impotent person in the Line or Degree of Father or Grandfather Persons of Ability to releive their poor Relations Mother or Grand-Mother Children or Grand-Children be of sufficient ability then such Relations respectively shall Relieve such poor person in such manner as the Justices of the Peace in that County where such sufficient Persons Dwell shall Assess on pain that every one failing therein shall Forfeit Twenty Shillings for every Months Neglect to be Levied by Distress and Sale of such Offenders Goods by Warrant from any two such Justices of the Peace Quorum Unus within their Limits which shall be imployed to the Use and Relief of such impotent poor person PROVIDED nevertheless this Act shall not be understood of any persons Committed to Prison or lawfully Restrained in any Town or of such as shall come or be sent for Nursing or Education or to any Physician or Chirurgeon to be Healed or Cured but the particular persons who Receive and Entertain any such shall be the Towns Security in their behalf and be obliged to Relieve and Support them in case of need upon Complaint made to the Quarter Sessions who shall accordingly Order the same And it is further Enacted by the Authority aforesaid That any person orderly warned as aforesaid to depart any Town whereof he is not an Inhabitant and Neglecting so to do by the space of Fourteen Days next after such warning given Persons warned out of any Town to depart in 14 days or else to be sent by the Constable may by Warrant from the next Justice of the Peace be sent and conveyed from Constable to Constable unto the Town where he properly belongs or had his last Residence at his own Charge if able to pay the same or otherwise at the Charge of the Town so sending him And further it is Enacted by the Authority aforesaid That when and so often as there shall be occasion of a Town-Meeting for any Business of Publick Concernment to the Town there to be done Constables to warn Town-Meetings The Constable or Constables of such Town by order from the Select-men or major part of them or of the Town Clerk by their
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
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