the great increase of prophaness among us especially among the younger sort taking their opertunity of meeting together in places of publick Entertainment to corrupt one another by their uncivil and wanten carriage rudely singing and making a noise to the disturbance of the â—â—mity and other Guests if any be in the House Penalty for rude singing in Taverns This Court do therefore Order and hereby Enact That no person or persons whatsoever do presume either in Word or Deed to carry it uncivilly or wantonly singing rudely or making a noise to the disturbance of the Family or any other Guests in any place of Publick Entertainment on penalty of paying five shillings for every â—fâ—ence against this Law being therefore legally Convicted before any Court Magistrate or Commissioner And where sundry persons are in the same company where any such rude and uncivil carriages are acted and the particular person or persons unknown every of the said persons shall be liable to the like penalty unleâ—s they can attest their innocency and do freely give in their testimony against the nocent And if any person allowed to keep a house of publick Entertainmentshall suffer such carriages by any person or persons and not legally prosecute the same before Authority on legal conviction thereof before the County Court of whom they had their License they shall be debarred of any further renewal thereof 1664. As an Addition to the Law tit In-keepers It is Ordered by this Court and the Authority thereof That where any person or persons whatsoever shall presume to keep an House of publick Entertainment Ordinary Cooks shop or shall by Retail sell Wine Strong Beer Liquors or Cyder without License first had and orderly obtained or having had License and not renewed as the Law requireth or being discharged for any misdemeanour committed or suffered to be done in their Houses or in or about the same It shall be lawful for any Court or Magistrate on complaint made to them of such Misdemeanour to send for such person or persons before them and being legally convicted of any the abovesaid offences besides the penalty to require Bond with sufficient Sureties for the good Abbearance of such person or persons and in special for their obâ—ervance of the said Law And in case of Refusal to give such Bond with Sureties as is required the Court or Magistrate that hath cognizance of such Complaint shall commit such person or persons convicted as abovesaid to Prison until the next Court of that County 1665. VVHereas this Court hath made several Laws and Orders for the prevention of the sin of Drunkenness and mispending precious Time and Estate and yet notwithstanding great complaint is made of several persons spending their Time and Estate by Drinking and Tipling in Taverns and Ale-houses to the great dishonour of God and prejudice of their Families For the prevention whereof It is Ordered by this Court and the Authority thereof That the Select men of each Town shall be For prevention of Drunkenness and are hereby required and impowred to take special care and notice of all and every person and persons transgressing as abovesaid and thereupon to require him or them to forbear the frequenting of such Houses or Taverns and if any person shall after such warning given him be found in any such House of Entertainment and be legally convicted thereof before any one Magistrate or Commissioner he shall forfeit five shillings to be paid to the Treasurer of that Town for every such Offence or sit in Stocks as the Judges shall see meet And it is further Ordered That the Select men shall also give notice to the keepers of â—uch Publick Houâ—es that they suffer no such noted person in any of their Houses upon the penalty of twenty shillings for every such defect to be paid to the Treasurer as aforesaid 1670. Judgements and Executions VVHereas there is a great abuse in selling of Judgements and Executions and so altering the property of them before they be satisfied A. 54. or Goods seized whereby great inconvenience may arise as experience hath proved Judgements and Executions not to be sold This Court doth therefore Order That after the end of this Session no person shall sell Alienate or Assigne any Judgement or Execution whatsoever and if any shall presume to Act contrary to this Order his Sale Assignment or Alienation shall be void in Law and in case the party die after the Judgement before he hath taken out an Execution or before satisfaction be received his Executor or his Administrator shall take out or reniew the-Execution as the party deceased might have done JVRORS JVRIES IT is Ordered by this Court and the Authority thereof L. 2. p. 5. that the Secretary or Clerk of every Court Clerk to grant warrant for Jurors shall in convenient time before the sitting of the Court send Warrants to the Constables of the several Towns of the Jurisdiction of that Court for Jury-men proportionable to the Inhabitants of each Town Chosen by the Freemen And the Constable upon the receipt of such Wariant shall give timely notice to the Free men of their respective Towns to chuse so many able discreet men as the Warrant shall require which men so chosen Constables to return the warrant he shall warn to attend the Court whereto they are appointed and shall make return of the Warrant unto the Clerk aforesaid The like Order shall be observed in the choice and summoning juries to attend special Courts A. 51. p. 5. L. 2. p. 8. Jâ—ies at special Courâ—s allowed 4. â— per diem At which Courts every Jury man shall be allowed four shillings per diem for their charges and to be paid by him upon whose motion the Court was granted And all Juries serving at the Court of Assistants at Boston L. 1. p. 32. shall be Summoned respectively out of the Counties of Suffolk and Middlesex Jury to finde accord to Eviden And all Jurors so chosen shall be Impannelled and sworn truely to try between party and party and shall finde the matter of fact with the damages and costs Bench to determine matter of equity according to their evidence and the Judges shall declare the Sentence or direct the Jury to finde according to Law and if there be matter of apparent equity as the forfeiture of an Obligation breach of Covenant without damage or the like the Bench shall determine such matters of equity And no tryal shall pass upon any man for life or Banishment in any inferiour Court but by a special Jury Summoned for that purpose Grand-Juries 2. It is also Ordered that there shall be Grand juries Summoned in like manner every year unto the several Courts in each Jurisdiction to present all misdemeanours they shall know or hear L. 1. p. 47. to be committed by any person within the Jurisdiction and to do any other service of the Common-wealth they shall
Court and the Authority thereof that all Gifts and Legacies given and bequeathed to the Colledge Gifts and Legacies to be faithfully disposed of Schools of Learning or any other Publick use shall be truely and faithfully disposed of according to the true and declared intent of the Donors And all and every Person or Persons betrusted to receive or improve any such Guifts or Legacies shall be liable from time to time to give account of their disposal and management thereof to the County Court of that Shire where they dwell and where such Estate shall lye who are hereby impowred to require the same where need shall be and to appoint Feoffes of trust to settle and manage the same according to the will of the Donors BILLS IT is Ordered by the Authority of this Court That any debt or debts due upon bill or other specialty assigned to another Bills Assigned good debt to the Assignee shall be as good a debt and estate to the Assignee as it was to the Assigner at the time of its assignation And that it shall be lawfull for the said Assignee to sue for and recover the said debt due upon bill and so assigned as fully as the originall Creditor might have done Provided the said Assignement be made upon the back-side of the bill or specialty 1647. BOND-SLAVERY IT is Ordered by this Court and the Authority thereof That there shall never be any Bondslavery No Bond-slavery Villenage or Captivity amongst us unless it be lawful Captives taken in just Wars as willingly sell themselves or are sold to us and such shall have the liberties and Christian usage which the Law of God established in Israel concerning such persons doth morally require Provided this exempts none from servitude who shall be judged thereto by Authority 1641. Bounds of Towns and Persons FOrasmuch as the Bounds of Towns and of the Lands of particular persons are carefully to be maintained and not without great danger to be removed by any which notwithstanding by deficiency and decay of marks may at unawares be done whereby great jealousies of persons trouble in Towns and incumbrances in Courts do often arise which by due care and means might be prevented Town Bounds to be laid out once in one year It is therefore Ordered by this Court and the Authority thereof that every Town shall set out their Bounds within twelve months after their Bounds are granted and that when their Bounds are once set out once in three years three or more persons of a Town appointed by the Select men To be surveyed within 3 year shall appoint with the adjacent Towns to go the Bounds betwixt their said Townes and renew their marks which marks shall be a great heap of stones or a Trench of six foot long and two foot broad the most ancient Town to give notice of the time and place of meeting for this perambulation which time shall be in the first or second month upon pain of five pounds for every Town that shall neglect the same Provided that the three men appointed for perambulation shall go in their several quarters by order of the Select men and at the charge of the several Towns Particular persons bounds to be surveyed once a year 2. And it is further Ordered that if any particular proprietor of Lands lying in common with others shall refuse to go the Bounds betwixt his Land and other mens once a Year in the first or second month being requested thereunto upon one weeks warning he shall forfeit for every day so neglecting ten shillings half to the party moving thereto the other half to the Town 1651. BREWERS TO the end no other but good and wholsome Beer be Brewed at any time in this Jurisdiction to be sold for the supply of Ship or other Vessels at Sea and that no oppression or wrong be done to any in this Mystery It is Ordered by this Court and the Authority thereof That no person whatsoever shall henceforth undertake the calling or work of Brewing Beer for sale but only such as are known to have sufficient skill and knowledge in the Art or Mystery of a Brewer Brewers to maâ—â— satisfaction for bad Beer And it is further Ordered that if any undertaker for victualling of Ships or other Vessels or Master or owner of any such Vessel or any other person shall make it appear that any Beer bought of any person within this Jurisdiction doth prove unfit unwholsome and unseless for their supply either through the insufficiency of the Mault or Brewing or unwholsome Cask the person wronged thereby shall be and is hereby enabled to recover equal and sufficient damage by Action against the person that put that Beer to Sale Breach of the Peace FOr the better preserving of Peace and every mans Liberty and Safety in this Jurisdiction Breach of Peâ—â—â— and to the end that all Fighting and Quarrelling and Disturbance may be avoided It is by this Court Ordered and by the Authority thereof Enacted that no person shall beat hurt or strike any other person upon penalty of paying to the party stricken by fine to the County where the Offence is committed or both such sum or sums as the County Court Magistrate Commissioner or Associate that take cognizance thereof shall determine and because in this case several circumstances may alter the degree of the offence as who do smite who is smitten with what Instrument the danger of the wound more or less time place and provocation and other the like it is left to the discretion of the Judges aforesaid upon hearing and consideration to impose such penalty or penalties as in their discretion shall seem just equal and proportionable to the merit of the offence Judgement for Title of House or Land Judgement for Title of House or Land IT is Declared and Ordered by this Court and the Authority thereof That where a Judgement is given in any Court for any person of House or Land upon the trial of the Title thereof if the person against whom the Judgement is given doth either forcibly keep possession thereof still after execution served or enter upon it again and so retain possession by force he shall be counted a high offender against the Law and breaker of the publick peace therefore speedily to redress such a criminal offence every Magistrate is impowred and by his place hath power to give warrant and command to the Marshall Officers and other men whom he thinks meet to be imployed in the business the Marshall also requiring aid greater or lesser as need requires and suppress the force and give possession to the owner and to imprison such as do appear to be Delinquents and their aiders and abettors to be forth coming at the next Court that did give the Judgement in the case there to make their Answer and whom the Court doth finde guilty to set such fine or other punishment upon them as the merit of their several
and such like orderly Cattle the Party or Parties Trespassed shall procure two sufficient Inhabitants of that Town Harms to be viewed by sufficient men of good repute and credit to view and adjudge the harms which the Owner of the Beast shall satisfie when known upon reasonable demand Notice to be given to the owner of the Beast whether the Beast were impounded or not But if the Owner be known and near residing as in the same Town or the like he shall forthwith have notice of the Trespass and Damage charged upon him that if he approve not thereof he may nominate one such man who with one other chosen by the party damnified as aforesaid shall review and adjudge the harms Provided they agree of damage within one day after due notice given and that no after harms intervene to hinder it which being forthwith discharged together with the charge of the notice former view and determination of damage the first Judgement to be void or else to stand good in Law L. 2. P. 8. Provided notwithstanding the party Trespassed shall not be barred of his Action albeit the harms be not viewed and judged according to the direction aforesaid And if any Cattle be found damage feizant the party damnified may impound or keep them in his own private Close or Yard till he may give notice to the owner and if they cannot agree the Owner may Replevie them or the other party may return them to the owner and take his remedy according to Law L. 2. P. 8. yet in case of involuntary Trespasses where such Trespasser shall pay or Legally tender full recompence for all the damage done by him before any suit commenced the Plaintiffe shall recover no cost of his suit And in all Trespasses or damages done to any man In voluntary Trespass pay no cost L. 1. P. 51. if it can be proved to be done by the meer default of him to whom the damage is done it shall be judged no Trespass nor any damage given for it 1646 Goats pay double damage 4. For all harms done by Goats there shall be double damage allowed and when any Goats are taken in Corn or Gardens the owner of such Corn or Garden may keep and use the said Goats till full satisfaction be made by the owners 1646. 5. Forasmuch as Complaints have been made of a very evil Practise of some disordered Persons in the Country who use to take other mens Horses sometimes upon the Commons and sometimes out of their own Grounds and Inclosures ride them at their pleasure without any leave or privity of the Owners It is therefore Ordered and Enacted by the Authority of this Court That whosoever shall take any other mans Horse Mare Asse Riding or worâ—ing other meâ—s Horse or Câ—â—â—ie without leave or drawing beast either out of his inclosure or upon any Common or elsewhere except such be taken damage feizant and disposed of according to Law without leave of the Owner and shall ride or use the same he shall pay to the party wronged treble damages or if the Complainant shall desire it then to pay only ten shillings Pâ—â—lty trâ—ble damage or whip and such as have not to make satisfaction shall be punished by whipping imprisonment or otherwise as by Law shall be adjudged and any one Magistrate or County Court may hear and determine the same 1647. 6. For the better preserving of Corn from damage by all kinde of Cattle and that all Fences of Corn-fields may from time to time be sufficiently upheld and maintained A. 53. P. 20. It is Ordered by this Court That the Select men of all Towns shall make wholsome Orders Select men to order the repair oâ— Fences for the repairing of all Fences both generall and particular within their several Townships excepting Fences belonging to Farms of one hundred Acres or above and have power to impose fines upon all Delinquents not exceeding twenty shillings for one offence and if any Select men shall neglect to make Orders as aforesaid they shall forfeit five Pounds to the use of the Town and so for every Months default from time to time To appoint viewers of common Fences and the said Select men of every Town shall appoint from year to year two or more if need require of the Inhabitants thereof to view the Common fences of all their Corn-fields to the end to take due notice of the real defects and insufficiency thereof To give notice of defect to the Owners who shall forthwith acquaint the owners thereof with the same and if the said Owners do not within six dayes time or otherwise as the Select men shall appoint sufficiently repair their said defective fences Owners to repair within six dayes then the said two or more Inhabitants appointed as aforesaid shall forthwith repair or reniew them and shall have double recompence for all their labour care cost and trouble to be paid by the Owners of the said insufficient Fence or Fences and shall have warrant from the said Select men Else the viewers to mend them have double recompence directed to the Constable to levy the same either upon the Corn or other estate of the Delinquent Provided the defect of the Fence or Fences be sufficiently proved by two or three witnesses 1647. 7. Where Lands lye in Common unfenced if one man shall improve his Land by fencing in several and another shall not he who shall so improve shall secure his Land against other mens Cattle and shall not compel such as joyn upon him to make any Fence with him except he shall also improve in several as the other doth Pâ—rtition Fence between neighbours born by both And where one man shall improve before his neighbour and so make the whole Fence if after his said neighbour shall improve also he shall then satisfie for hall the others Fence against him according to the present value and shall maintain the same and if the first man shall after lay open his said field then the said neighbour shall enjoy his said half Fence so purchased to his own use and shall also have liberty to buy the other half Fence paying according to present valuation to be set by two men chosen by either party one the like Order shall be where any man shall improve Land against any Town-Common Provided this Order shall not extend to House Lots not exeeeding ten Acres House Lots Fences but if such one shall improve his neighbour shall be compellable to make and maintain one half of the Fence between them whether he improve or not Insufficient Fence no damage except by Swine and Calves Provided also no man shall be liable to satisfie for damage done in any ground not sufficiently fence except it shall be for damage done by Swine or Calves under a year old or unruly Cattle which will not be restrained by ordinary Fences or where any man shall put his
Cattle or otherwise voluntarily Trespass upon his neighbours ground and if the party damnified finde the Cattle damage feizant he may impound or otherwise dispose of them 1642 FENCE VVHereas the Laws published concerning Fences and Cattle being in the second Edition transported from their first order and method much difficulty doth many times arise concerning the true meaning thereof whereby great damages do accrew to many of the Inhabitants and consequently to the Country For prevention whereof This Court doth Order and Enact That where any Cattle shall Trespass on any propriety Fence to secure Corn Fields not appearing to be sufficiently Fenced against Swine sufficiently yoaked and ringed or Cowes and such Cattle as will be restrained by a sufficient Fence in the judgement of the viewers of the Fences as Pag. 11. Sect. 6. in all such cases the Owners of the Fence or of the Land shall bear all such damages as to them thereby sustained any thing in the said Order or any other Law Custome or Usage to the contrary notwithstanding 1662 Causes Small Causes One Magistrate may end causes under 40. s. FOR easing the Charge and Incumbrance of Courts by small Causes It is Ordered by this Court and Authority thereof That any Magistrate in the Town where he dwells may hear and determine by his discretion not by Jury according to the Laws here established all causes arising in that County wherein the Debt Trespass or Damage doth not exceed Forty shillings who may send for parties and witnesses by Summons or Attachment directed to the Marshall or Constable who shall faithfully execute the same Three Commissioners in Towns to end small causes And it is further Ordered that in such Towns where no Magistrate dwells the Court of Assistants or County Court may from time to time upon request of the said Towns signified under the hand of the Constable appoint three of the Freemen as Commissioners in such cases any two whereof shall have like power to hear and determine all such causes wherein either party is an Inhabitant of that Town who have hereby power to send for Parties and Witnesses by Summons or Attachment directed to the Constable as also to Administer Oaths to Witnesses and to give time to the Defendant to Answer if they see cause and if the Party Summoned refuse to give in his Bond or Appearance or sentenced refuse to give satisfaction where no goods appear in the same Town where the Party dwells they may charge the Constable with the party to carry him before a Magistrate or Shire Court if then sitting to be further proceeded with according to Law L. 1. p. 46. but the said Commissioners may not commit to Prison in any case And where the Parties live in several Towns the Defendant shall be liable to be sued in either Town at the liberty of the Plaintiffe 2. And forasmuch as the Magistrates are under an Oath of God for dispensing equal justice according to Law It is Ordered by the Authority aforesaid that all Associates for County Courts when and where there shall be any and all such Commissioners Authorized as aforesaid Associates and Commissioners to be sworn shall be sworn before each County Court or some Magistrate in that County unto the faithful discharge of the trust and power committed to them And it is further Ordered That in all small Causes as aforesaid where only one Magistrate dwells in the Town and the Cause concerns himself as also in such Towns where no Magistrate is and the Cause concerns any of the three Commissioners that in such cases the Select men of the Town shall have power to hear and determine the same Select men to try Causes and also to graunt execution for the levying and gathering up such damages for the use of the person damnified as one Magistrate or three Commissioners may do And no Debt or Action proper to the Cognizance of one Magistrate or the three Commissioners as aforesaid L. 1. p. 4. shall be received into any County Court but by Appeal from such Magistrate or Commissioners County Court to reject all Actions under 40. s. except in cases of Defamation and Battery 1647. 49. 3. Whereas by reason of the concourse of People and increase of trade in the Town of Boston Suits at Law are grown more frequent A. 51. p. 6. where the County Courts are much prolonged and forasmuch as many crimes are also committed in the said Town by strangers and others which often escape unpunished For the prevention whereof Commissioners of Boston It is Ordered by this Court and the Authority thereof that there be seven Freemen resident in Boston annually chosen by the Freemen of the said Town and presented to the Court of Assistants who hereby have power to Authorize the said seven Freemen to be Commissioners of the said Town to act in things committed to their trust Chosen as is hereafter expressed who shall from time to time be sworn before the said Court Sworn or the Governour Deputy Governour or any two Magistrates And this Court doth hereby give and graunt Commission and Authority unto the said seven men or any five of them or any three of them with one Magistrate to hear and determine all Civil Actions which shall be brought before them not exceeding the sum of Ten Pounds Power in civil Cases to ten pounds arising within the neck of Land on which the Town is Scituate as also on Noddles Island or betwixt any persons where both parties shall be Inhabitants or Residents within the said Neck or Noddles Island aforesaid or where either party shall be an Inhabitant or Resident aforesaid Provided they keep a Book of Records for the entry of all Causes Evidences Testimonies Sentences and Judgements as the Law provides in like Cases which said Commissioners are Authorized annually to appoint a Clerk of their Court and to demand and receive of every Plaintiffe in all Cases or Actions not exceeding Forty shillings the sum of three shillings four pence and for all other Actions the sum of ten shillings and for all other things the accustomed fees and the said Commissioners shall from time to time publish their Court dayes as the three Commissioners in Towns are bound to And for the discovery prevention and punishment of Misdemeanours in the Town of Boston In Criminal Cases Power and Authority is hereby given and granted to the said Commissioners and every of them by Warrant under their or his hand to convent before them or any of them all such persons as shall be complained of for such offences or otherwise brought to their cognizance and to hear and determine the same according to the Laws here established as any Magistrate may do Provided the fines imposed by them do not exceed forty shillings for one offence And that the said Commissioners may the better and more diligently endeavour the suppressing of sin and misdemeanours and the breach
have a Wyth about the neck upon penalty of loosing all his charges that shall arise about it afterwards provided that no person shall from the first of April to the twentieth of December take up any Herse Gelding or Mare for a Stray or account or use them as Strayes though the Owner thereof be not known Taking off the Wyth or taking away the beast forfeit the value unless it be taken Damage feizant in inclosures Provided also that if any Owner or other shall take off such Wyth or Wreath or take away such Beast before he hath discharged according to this Order he shall forfeit the full value of the thing apprized as aforesaid to the use of the finder 1647. AS an Addition and Explanation of the Law tit Strayes This Court finding that several inconveniences and troubles do arise about Strayes Chattel and Horses c. and that the temptation may be too great on some persons in remote Towns and Farms Addition to the Law of Strayes to take up Chattel c. and make Strayes of them the whole benefit redounding to themselves ' This Court doth Order for the time to come That all Strayes shall be first cryed in that Town of which they have the Brand-mark To be cryed in the Town on which they have the Brand mark And that all such Strayes and other lost Goods contained in the said Law shall be entred with the County Recorder in each County and by him transfered to the Country Treasurer within one Moneth To be entred with the It Câ—â—der of the Câ—â—â—ty Hâ—lf to the Country the other halt to the Finder and in case the said Goods and Strayes are not owned within one year as is therein expressed then the one half or the value of one half shall be to the use of the Country and the other half to the finder the charges being first paid out of the whole 1666. STRANGERS VVHereas we are credibly informed that great mischiefs have been done to other Plantations by reason of Commanders Souldiers A. 51. p. 7. and other Strangers To prevent the like in this Jurisdiction It is Ordered by this Court and Authority thereof That henceforth all Strangers of what quality soever above the age of sixteen years Strangers Arriving to be brought before the Governour Arriving in any Ports or Parts of this Jurisdiction in any Ship or Vessel shall immediately be brought before the Governour Deputy Governour or two other Magistrates by the Master or Mate of the said Ship or Vessel upon penalty of twenty pounds for default thereof there to give an account of their occasions and business in this Country whereby satisfaction may be given and Order taken with such Strangers as the said Governour Deputy Governour two Magistrates or the next County Court shall see meet who shall keep a Record of the Names and Qualities of all such Strangers to be returned to the next General Court And for the Publications of this Order Capt of the Castle to give notice of this Order It is Ordered the same to be Posted upon the Doors or Posts of the Meeting-houses and other publick places in all the Port Towns of this Jurisdiction And the Captain of the Castle shall make known this Order to every Ship or Vessel as it passeth by and the Constable of every Port Town shall endeavour to do the like to such Ships or Vessels before they Land their Passengers 1651. And if any Strangers or People of other Nations L. 1. p. 23. professing the true Christian Religion shall fly to us from the Tyrany or Oppression of their Persecutors or from Famine Strangers to be succoured Wars or the like necessary and compulsory Cause they shall be entertained and succoured amongst us according to that power and prudence God shall give us 1641. Every person within this Jurisdiction whether Inhabitant or Strâ—â—ger shall enjoy the same Law and Justice that is general for this Jurisdiction L. 2. p. 32. which we constitute and execute one towards another in all cases proper to our cognizance without partiality or delay 1641. Strangers to have equal Justice No Town or person shall receive any Stranger Resorting hither with intent to Reside in this Jurisdiction nor shall allow any Lot or Habitation to any or entertain any such above three Weeks except such person shall have allowance under the hand of some one Magistrace upon pain of every Town that shall give or sell any Lot or Habitation to any not so Licensed such fine to the Country as the County Court shall impose not exceeding fifty pounds nor less then ten pounds And of every person receiving any such for longer time then is hereby allowed except in case of entertainment of friends resorting from other parts of this Country in amity with us No Town or per son to entertain strangers without allowance to forfeit as aforesaid not exceeding twenty pounds nor less then four pounds and for every Moneth after so offending shall forfeit as aforesaid not exceeding ten pounds nor less then forty shillings And every Constable shall inform the Courts of all new-comers which they know to be admitted without License from time to time Finable 1637 38 47. Sureties and Goods Attached UPon Information of some inconveniencies accruing to several persons in that men take themselves acquitted and free from all legal observations in case of appearance in Courts L. 1. p. 15. according to the express tearms of the Bond or at most if the Principal there stay till Verdict and â—udgement be given which if they be they may then make away their Estates or absent their persons before the t weare hours be expired for granting I Execution whereby the party recovering may either be deprived of or much damaged in his just Rights Not discharged till Judgement be satisfied It is therefore Ordered by this Court and the Authority thereof That henceforth all Goods Attached upon any Action shall not be released upon the appearance of the party or Judgement given but shall stand engaged until the Judgement or the Execution gramed upon the said Judgement be discharged Nor shall any Surety or Sureties for appearance in any Court except in Capital or Criminal Cases be released from his or their Lond until the Execution as aforesaid be discharged and satisfied or the person de livered to the Marshal or the Principal Person be surrendred into the hands of the Marshal or his Deputy who shall secure him till the Judgement be discharged any Law Custome or Usage to the Contrary notwithstanding Provided alwayes That henceforth in all Civil proceedings except in cases where the Defendant is a Stranger where Execution is not taken out and Executed within one Moneth after that Judgement is granted Goods persons Attached one month after Judgement released all such Attachments whether on persons or Estates with Sureties shall be released and void in Law any Law