and all Actions Tryable at Select Courts shall be Tried at that Town where either Plaintiff or Defendant dwelleth as the Plaintiff seeth cause and any Action Tryable before a Magistrate one of the Parties must live or reside in the County where the Magistrate lives or resides unless both Parties be Strangers because much time is lost in the beginning of Courts of Tryals and Appeals by neglect of timely Entring of Actions Time of Entry of Actions 2. It is therefore Enacted by this Court c. That Actions shall be Entred upon or before the first day of the Courts Sitting and not after and in case any Plaintiff shall delay his Entry longer than the Forenoon of the first day of the Court he shall pay ten shillings to the Countrey or Counties use besides the ordinary Fees for Trial of Actions to this end all Marshals and Constables are required to make their Returns of all Summons and Attachments and their doings therein under their hands Time of return of warrants by the Marshal or Constable sometime at or before the first sitting of the Court that is to take cognizance of the Case or seasonably give to the Party the Summons or Attachment Sealed up and directed to the Clerk of the Court to which the same is Returnable Chrages of Tryals 3. That the ordinary settled Charges for Entring of Actions shall be fifteen shillings and six pence at a Court of Assistants which shall be thus divided two shillings to the Secretary six pence to the Marshal two shillings to the Fore-man of the Jury and one shilling a piece to the rest of the Jury and at a County Court there shall be paid nine shillings for Entring an Action to be divided according to former custom unless the County Courts have otherwayes agreed with their Officers and made Provision for their Jurors and for Entring an Action at a Select Court shall be paid three shillings and on a Tryal before a Magistrate shall be paid three shillings for a Witness Sworn at home one shilling and two shillings a day for a Witness that tends the Court and if the Defendant obtain a Verdict he shall not only have his Cost allowed for Witnesses as abovesaid but two shillings and six pence per day for what time he hath necessarily attended on the Action which shall be given without Suit and this shall bar the Defendant from Suit unless by Imprisonment or otherwayes he hath been more than ordinarily damnified 4. Whereas in Suits and Actions brought into Courts between Party and Party sometimes the Plaintiff and sometimes the Defendant and sometimes neither of them do attend the Call to Prosecute or Answer None attendance on Action to the great abuse of Court and Jury and others concerned in the Case and is contrary to the laudable Custome of all Courts in our Native Countrey and elsewhere It is therefore Ordered and Enacted That if any Plaintiff have Entred an action to be Tryed in any Court or which comes by Replevin Review or otherwise Penalty on the Plantiff and doth not by himself or by his Attorney make their appearance and Prosecute their Action after they have been three times called in Court they shall be Non suited and if the Defendant appear not to such Call the Plaintiff appearing the Suit shall nevertheless proceed and if Plaintiff or Defendant appear at their Call The Defendant they shall have their Costs granted against him that appeared not and if afterwards both Parties do agree to try the Case at the same Court they shall be allowed so to do the Plaintiff paying for a new Entry What shal be grounds of Nonsuit and what not 5. It is Enacted by this Court That in all Summons or Attachments the special ground of the Action shall be expressed and that a Circumstantial Error in a Summons or Warrant shall not be taken as a sufficient ground for a Non-suit where otherwise both the Party and Case intended may be Rationally understood and it shall also be expressed in the Warrant in what quality the Plantiff Sues whither as Principle Attorny Guardian or otherwise 6. And all Persons whither Parties or Witnesses are Injoyned to Attend their Respective Concerns the whole time of the Courts publick sitting No further Plea after the case is commited to the Jury until they are Issued and shall present the whole Plea or Evidence before the Case be committed to the Jury and no other Plea or Evidence be Admitted to any Person any Usage or Custom to the Contrary notwithstanding Warrants when to be served 7. That all Warrants whither to Attach or Summons any to answer to any Action or Presentment shall be Served five compleat working dayes before the first day of the Court. 8. That a Summons or Attachment from any Magistrate or Person that is Authorized for that End shall be sufficient Warrant to bring any Person within this Government to Answer to any Civil Action or Complaint commenced against him Summons or Attachments shall be sufficient Warrant and where there is Attachments they shall be granted against the Estate and for want thereof the Person 9. It is also Ordered That it shall be at the liberty of any Plantiff to withdraw his Action at any time before the Jury bring in their Verdict Plantiffs liberty to withdraw if he see cause In which Case he shall allow the Defendant full cost and may afterwards Renew his Suit at another Court 10. Be it Enacted That no man in any Suit or Plaint against another shall falsly pretend great Damages or Debts to vex or discredit his Adversary Vexations Suits and in all Cases where it appears to the Court that the Plantiff hath willingly wronged the Defendant in commencing Suit or prosecuting complaint or Inditement against him he shall pay unto the Defendant double costs besides damage and be Amerced to the Country or County not exceeding five pounds as the Case may be circumstanced for such his vexatious Suit or Plaint 11. Be it also Enacted That a Jury bringing in a Verdict the Court concurring and accepting it Judgement be forthwith entered When Judgement to be entred if they concur not the Jury may be put upon farther consideration of the Case and if they Retain their Verdict it shall be accepted and Judgment entered accordingly 12. It is further Enacted That in case a Plantiff obtain not a Verdict or be not satisfied therewith having new Plea or Evidence he may Rreveiw his Action if he see cause As likewise may the Defendant Reveiws but must bring their Reveiw where the Action wrs first Commenced but if either Party be cast in their Reveiw and go on to Reveiw a second time and be cast they shall be accounted Vexatious and Troublesom to the Court and to the Party Prosecuted and shall be Awarded to pay double cost to the Party and twenty shillings fine to the County Foreigners to give
Security to respond Costs before Summons or Attachment gr nted 13. That no Attachment or Summons shall be granted in any Civil Action to any Forreigner against a settled Inhabitant of this Jurisdiction or against a Forreigner before he hath given sufficient security or caution duly to Prosecute his Action and to answer the Defendant such Cost and Damages as the Court may award on penalty of making good the Damage by the Granter 14. And it is further Ordered That in all Attachments of Goods and Chattels Lands or Heriditaments In Attachment of Goods c. Legal notice to be given to the parties concerned Lands or Heriditaments whether it be by Forreigners or settled Inhabitants Legal notice shall be given to the Party concern'd either personally or by leaving a Copy of the Summons or Attachment five compleat working dayes before the Court at the House or place of or that was his usual abode before the Suit proceed but if he be out of the Jurisdiction the Cause notwithstanding shall proceed to Tryal and if Judgment pass for the Plantiff it shall be Entred And in what case Execution shall be respited but Execution shall not be granted until the next Court and that the Plantiff hath given sufficient Security to be Responsible to the Defendant if he shall Reverse the Judgment within one Year or such further time as the Court shall see cause to order 15. Be it Enacted That henceforth Lands or Goods Attacht to a Tryal shall not be Released upon the Appearance of the Party or Judgment given lands or goods Attacht when to be released and when not but shall stand ingaged until the Judgment or the Execution granted upon the said Judgment be discharged provided Execution be levied thereon within one Month after Judgment and that where any Marshal or Constable or their lawful Deputie shall by virtue of any Warrant Attach any mans Person he shall take Bond of him with sufficient Security or Sureties And so of Bonds and furties bound to such Officers for his or their Appearance at the Court Attached to and to abide Tryal and in case of Appeal to the Court Appealed to till the Judgment be there Entered How the Officer shall make his Return and that the Person Attached be forth-coming any time within six dayes after Judgment for the Plantiff to lay his Execution on if he see cause after which time the Surety to be cleared The officer shall make his Return and Indorse his Bond on the back-side of the Attachment and when the Officer shall deliver the Person to the Jaylor or take the Bond and return the same with the Attachment to Court And if any Person Attached shall neglect or refuse to give Bond or sufficient Security be shall by said Officer be delivered to the Jaylor of the County who shall keep him in Custody until six dayes after Judgment or till Released by the Party at whose Suit Attached and the Plantiff Levy his Execution afterwards as the Law Directs 16. Liberty is granted by this Court to any person to improve one or two Attorneys in any Civil Action to help him in his Pleas provided they be persons of good Repute and such as the Court shall approve and the said Attorneys are Required as to be faithful to their Client Attorneys allowed so also to avoid fraudulent Pleas that may have a tendency to mislead the Court or darken the Case and in no Case shall be allowed for Attoneys more than five shillings and Attorney or Attorneys at Select Courts or Magistrates Courts to be allowed but two shillings in any Case Barratry punished 17. And it is Enacted that if any Person be proved a common Barrater by vexing others with unjust frequent and troublesome Suits it shall be in the power of the Court both to eject his Cause and punish him for his Barratry by Fine or Imprisonment 18. It is Ordered That no man's Person shall be Restrained Imprisoned by any Authority whatsoever Who Bailable before the Law hath Sentenced him thereunto if he can put in sufficient Security Bail or Mainprize for his Appearance and good Behaviour in the mean time unless it be in Crimes Capital and Contempt in open Court or in such Case where some express Act of the General Court doth allow it No Levy on Lands where Goods found nor Surety Destrained where princile sufficient nor Beast of Plough or Draught 19. It is Ordered That no Debt be Levied on Lands or Rents so long as the Debtor hath Goods and Chattels to be found to satisfie neither shall the Pledges or Suits be Distreined so long as the Principle or sufficient Estate of the Principles can be found nor Beasts of the Plough or Draught for Debt if others may be found to satifie it except for Damage feizant 20. That every Man shall have liberty to Replevy his Chattel or Goods Impounded Replevin Distreined or Seized unless it be upon Execution after Judgment or for payment of Rates or Fines Provided he put in Security to Prosecute his Replevin and to satisfie such Damage and Charge as his Adversary shall Recover against him in Law Age Ability Age of Discretion 21. IT is Ordered by this Court and the Authority thereof That none shall have power to pass away Lands Hereditaments or other Estate or be capable of Sueing or being Sued at any Court in their own Person neither shall give Votes Verdicts or Sentence in any Civil Court or Cause until he or they attain unto the age of twenty one years But any Parent or Master shall or may Require and Sue for Satisfaction for any wrong or damage done their Children or Servants And any Orphan may have liberty to chuse their Guardian to act for them at fourteen years to Secure or Defend their Estate or otherwise act for them as may be requisite the Court allowing thereof and the Court may chuse and appoint Guardians for such as are under fourteen years But in any matter Criminal as well younger as elder shall be liable to Answer for the same in their own persons Appeals 22. IT is Ordered by this Court and the Authority thereof That it shall be the liberty of any Person or Persons Cast of Sentenced Liberty to appeal in Cases Civil or Criminal to Appeal if from the Sentance or Determination of a Magistrate or Select Court or other Person Impowred to hear and determine in any Case as before unto a County Court and any may Appeal from a County Court to a Court of Assistants alwayes Provided they tender their Appeal in twenty four hours after Judgment and the Court not Dissolved and put in Security before the Judges of the Court or according to their Order to Prosecute their Appeal to effect and to satisfie all Damage before Execution granted and in Criminal Cases besides such Bond to give Bond with Security for their good Behaviour until the time of the Court
time to time Impowred to Examine Allow and Confirm all such Claims of Lands as they find Graunted by the Court either to Townships or to any particular Persons which being by the said Court of Assistants allowed shall pass the Seal of the Colony for further Confirmation thereof alwayes provided that if there be any Controversie arise between Town and Town or particular Persons about the particular bounds of their Lands they or any of them may have their remedy in Law any thing herein to the contrary notwithstanding Leather and Shoe-makers 1. UPon Consideration of the Damage or Injury which may be sustained by the ill Tanning of Leather and by the Shoemakers ill making it up into Shoes or Boots Sealers of leather to be chosen appointed It is by this Court Ordered That in every Plantation within this Jurisdiction where either Tanner or Shoemaker is imployed in their Trades one or two Sealers shall be chosen and appointed as the Occasion require who shall be under Oaths faithfully according to their best Ability to discharge their Trust and shall Seal no Leather but such as they think sufficiently Tanned and fit to be wrought out and Sold in Boots or Shoes and that every such Plantation shall have two Seals to distinguish between good Leather well and sufficient Two Seals to be used and such as though Tanned enough is in some other respects defective either by over-liming or for want of being well wrought upon the Beam or by Frost or have received some damage in drying so that though it may serve for inward or middle Soles yet not for other uses without damage to the buyer All which Leather so defective shall be Sealed with a different Seal that it may be known to be faulty No Leather not sufficiently Tanned to be Sealed nor sold till sealed But that which is not sufficiently Tanned shall neither be Sealed nor used in Boots or Shoes till it be duly Tanned and that no Tanner within this Jurisdiction shall upon any pretence sell deliver cause or suffer to be delivered or pass out of his hands or custody any Hide or Hides till being fully dry they be first Sealed by the Officer or Officers thereunto appointed on the penalty of forfeiting of the said Leather or the value of it to the Plantation where the Offence is committed The Shoemaker that useth unsealed Leather to make recompence further to be punished 2. And it is further Ordered That if any Shoe-maker shall use or put any un-sealed Leather either in Boots or Shoes or put any of the forementioned faulty Leather though Sealed as such in any outward Soals or Upper Leather or in any other place which may be hurtful to the buyer or wearer or shall use any other wayes of Deceit in making up his Ware he shall make due and full Recompence to the Person or Persons wronged and complaining and shall suffer such further punishment as his Offence considered with the Circumstance shall Require Hides brought from other parts and sold or used unsealed to be forfeit The chusing of the Sealers to be left to the several Plantations 3. And whosoever shall bring Hides from any other parts and shall sell or use any of them for Boots or Shoes within this Jurisdiction before they be Sealed by some Officer here according to the Import of his Order or shall use them in Boots or Shoes contrary to the intent thereof the Hides so sold or used or the value of them shall be forfeited to the Plantation where the Offence is committed or such Recompence or Fine shall be made or paid if it be only of Ignorance as the Case may require provided that if both Buyer and Seller be faulty they shall pay the forfeiture betwixt them The chusing and appointing of which aforesaid Sealer or Sealers the Print or Mark which each Plantation shall set upon their Seals for good or faulty Leather with the Rate to be allowed for Sealing being left to the several Plantations Defective leather to be searcht for seized 4. It is Enacted by the Court and the Authority thereof That the Sealer shall make Search within their Limits in any House Shop or Warehouse where they shall conceive such defective Leather is to be sold or delivered whither made up into Shoes Boots or otherwise as oft as they shall think meet And seize all such Leather or Shoes and any Leather Sold or offered to be Sold Brought or offered to be Searched or Sealed contrary to the true intent and meaning of this Order the same to Seize and Retain in his or their custody and if the Owner shall not submit to the Judgement of such Officer or Officers shall within three dayes call to him two or three honest skilful men in such Wares to view the same in the presence of the parties concerned or without him he having notice thereof who shall certifie upon their Oaths to the Court or some one of the Magistrates the defects of the said Leather And that the forfeiture of such Leather or Shoes as aforesaid one third thereof shall go to the Searcher Who to have the forfeiture and the other two thirds to the Plantation wherein the Offence is committed And if any Sealer of Leather shall refuse with convenient speed to Seal any Leather sufficiently Tanned Wrought and Used according to the true meaning of this Order The Sealers default penalty or shall Seal that which ought not to be Sealed according to this Order shall forfeit for every such Default twenty shillings to the County CHAP XIII Magistrates Magistrates power to graunt Attachments Summons c ORdered by this Court and the Authority thereof That any Magistrate shall have and hereby hath power out of Court to grant Attachments Summons Sub pena's Hue and Cries Warrants for Distress according to Law for Rates and Fines Warrants to apprehend any person for breach of any Capital or Penal Law or for any Misdemeanour or for Persons suspected thereof to hear determine the breach of penal Laws under 40 s. Ordered That a Magistrate may Hear and Determine the Breach of any Penal Law or Misdemeanour where the penalty doth not exceed forty shillings or the Punishment greater than sitting in the Stocks or Whipping not exceeding ten stripes Ordered That a Magistrate may Hear and Determine all Actions of Debt all actions of Debt not exceeding 40 s. Trespass or Damage according to Law not exceeding forty shillings he keeping Records of all his Sentences Judgments and Determinations and may Grant Executions for any Sum he hath given Judgment in in any Action that hath been Tried by him Ordered that a Magistrate may examine all suspitious persons hear all Complaints and where the matter is greater than he by Law may issue to Bind such Persons over to the County Court to examine all suspicious persons c. to Answer for the same and such Person not giving sufficient
hereof and doing hereupon to the said Court Dated at P. c. Per Curiam J. B. Clerk The Officers Return This Summons was Served January c. by M. R. L. Constable Or for an Attachment THese are therefore in his Majesties Name to Require you on Receipt hereof to Attach the Estate to the full value and for want thereof the Body of the said A. B. and take sufficient Security for his Appearance at the County-court to be holden at P. the third Tuesday in March next to answer the said complaint and to be forthwith coming six days after Judgment given in the said Case to Respond the Judgment Hereof fail not and make a true Return hereof and doings hereupon to the said Court Dated at P. c. Per Curiam J. B. Clerk The Return I Have Attached the Goods or Lands of said A. B. at his House or Place of Abode to sufficient Value and left Summons Or I have Attached the Body of said A. B. and taken sufficient Security Or I have Attached the Body of said A. B. and delivered him to the Keeper of the Goal at P. for want of Security Per mee R. L. Constable KNow all Men by these Presents that we A. B. D. E. of C. Yoemen c. Are Holden and firmly Obliged unto W. B. Marshal of the County of B. or to T. T. Constable of S. in the penal Sum of Pounds Currant Money of New-England to the true Payment whereof We Bind our selves our Heirs Executors and Administrators joyntly and severally firmly by these Presents Sealed with our Seals Dated c. The Condition of this Obligation is such that if the above Bounden A. B. shall personally appear at the next County Court to be holden at B. to Answer R. F. in an Action of Debt or c. and to abide Trial there and at such Court as shall be Appeated to till Judgment Entred and shall be forth coming six dayes after Judgment that ther this Obligation to be void c. THE TABLE CHAPTER I. The General Fundamentals NUMBER 1. LAws to be made by the Freemen or their Representatives PAGE 1. NUMBER 2. Annual Election by the Freemen PAGE 1. NUMBER 3. Justice to be equally and speedily Administred PAGE 1. NUMBER 4. None to suffer but according to Law and by due course and process of Law PAGE 1. NUMBER 5. All Trials to be by a Jury and liberty to challenge any of them PAGE 1. NUMBER 6. What Testimony required in cases PAGE 2. NUMBER 7. Power to make Wills except in Case PAGE 2. NUMBER 8. The great End of coming into this great Wilderness was liberty to enjoy the pure Worship of God c. Therefore the Churches of Christ here to be protected in their peaceable orderly walking and the Ministers of the Gospel provided for PAGE 2. NUMBER 9. All the foregoing Fundamentals inviolably to be preserved PAGE 3. CHAPTER II. Actions NUMBER 1. Title of Land to be tryed in the County where it lyeth Other Trials where one of the Parties dwells Tryals before a Magistrate whete PAGE 3. NUMBER 2. Time of Entry of Actions Time of the Return of Warrants by the Officer PAGE 3. NUMBER 3. The Charge of Trials PAGE 3. NUMBER 4. Non Attendance on Actions Penalty on the Plaintiff and on the Defendant PAGE 4. NUMBER 5. What shall be ground of Non-Suit and what not PAGE 4. NUMBER 6. No further Plea after the Case is committed to the Jury PAGE 4. NUMBER 7. Warrants when to be served PAGE 4. NUMBER 8. Summons or Attachment I shall be a sufficient Warrant to bring any person to Answer PAGE 4. Number 9. Plaintiff liberty to withdraw Page 4. Number 10. Vexatious Suits Page 4. Number 11. When Judgment to be Entred Page 5. Number 12. Reveiws Page 5. Number 13. Forreigners to give Security to Respond Costs before Summons or Attachment granted on Penalty to the Granter Page 5. Number 14. In Attachment of Goods c. Legal Netice to be given to the Parties concerned and in what Case Execution shall be respited Page 5. Number 15. Lands or Goods Attached when to be released and when not and so of Bonds and Sureties and how the Officer shall make his Return and when he shall deliver the Person to the Jaylor Page 5. Number 16. Attornyes allowed Page 6. Number 17. Barretry to be punished Page 6. Number 18. Who Bailable Page 6. Number 19. No Leavy on Lands where Goods to be found nor Surety distrained where Principal sufficient nor Beast of Plow or Draughts if others may be found Page 6. Number 20. Repleving Page 6. Age Ability Number 21. Age of Discretion Page 6. Appeals Number 22. Liberty to Appeal Page 6. Number 23. Who shall not sit as Judge or Vote in Court appealed to Page 7. Apprizements Number 24. How Apprizements of Land or other state shall be managed Page 7. CHAPTER III. Bills and Bonds Number 1. DEbts by Specialty Good to Assigns Page 8. Number 2. In what Case Actions for Debt by Book or Account to be brought within three years Page 8. Number 3. Merchants Tradesmen and Dealers-Books what Testimony sufficient thereunto Page 8. Number 4. Debts to be paid in Specie Page 8. Number 5. What Testimony good for a Specialty What in some Criminals Page 1. Bridges Number 6. Defeat in Bridges and Highwayes to be presented c. Page 8. CHAPTER IV. Capital Laws Number 1. I Dolatry Page 9. Number 2. Blasphemy Page 9. Number 3. Treason Page 9. Number 4. Conspiring against this Jurisdiction and His Majesties Authority here Established Page 9. Number 5. Willful Murder premeditated Page 9. Number 6. Murder in sudden passion Page 10. Number 7. Through Guile or Poysoning Page 10. Number 8. Witchcraft Page 10. Number 9. Beastiality Page 10. Number 10. Sodomy Page 10. Number 11. False Witness Page 10. Number 12. Man-Stealing Page 10. Number 13. Cursing or Smiting-Father or Mother Page 10. Number 14. Willful Burning Houses or Ships Page 10. Number 15. Articles in all Treaties of Peace to be inviolably kept by his Subjects Felony to serve in Hostile manner any Forreign Prince c. against those that are in Amity with his Majesty without Licence And to suffer pains of Death unless Returning within the time Limited Page 11. Treasons Piracies Felonies c. although committed on the Sea if hither brought within this Colony shall be proceeded against as if committed on the Land by Commission to the Judges of the Admiralty and others Their Power and Indemnification Page 11. The Abettors or Privateers to be punished as Accessaries What is required of Commission Officers in pursuance of this Act. Their power Page 12. Penalty of their Neglect Penalty of Souldiers not obeying their Officers Orders in Execution of the premises Page 12. CHAPTER V. Childrens Education Number 1. SElect mens care that all Children and Servants be brought to read and Catechised or put out where they may Page 12. Coopers and Casks Gage of Cask and Brand. Page