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
each other and the case such as they lawfully may How if they be or will be Married then but ten pounds both And if any commit carnal Copulation after lawful Contract before Marriage they shall be Amerced each of them fifty shillings to the County and be imprisoned if the Court see reason If after Contract By lawful Contract is intended Mutuall consent of Parents Guardians or overseers and a solemn Promise of Marriage made to each other by the Parties before Competent Witnesses and if they cannot or will not pay their fine Lawful Contracts what then to be punished by whipping The Court for the more discountenancing the prevailing Evil Have further Ordered That such as Transgress in any of these wayes shall be Convict in open Court and their Fines to be paid in Mony Burglary and Robery how 3. It is Ordered by this Court and the Authority thereof That if any Person shall commit Burglary by breaking up any Dwelling House or Ware-House in the Night or on the Lord's Day or that shall forcibly Rob any Person in the Field or High-way The first the second offence such Offenders shall for the first Offence stand on the Gallows an hour and be Burnt on the Hand with the Letter B And for the second Offence shall be put to Death 4. That if any Stranger or Inhabitant of this Government shall be Legally Convict of Stealing or Purloining any Horses Chattles stealing or purloyning The first Second Mony or other Goods of any kind he shall be punished by paying three fold to the party wronged and a Fine to the County not exceeding the value Stole or Corporal Punishment as the Court shall determine and for the second Offence of the like kind to make like satisfaction to the Party wronged and be Branded in the Hand with the Letter R. And if the Delinquents have not wherewith to satisfie the Law Third offence they shall be Sold for time to make Satisfaction and if the Fact be committed on a Sabbath day the Brand to be on the Forehead and for the third Offence of like kind to be put to Death or Sold out of the Country as the Court shall see cause prophane swearing 5. It is Enacted by the Court c. That whosoever shall prophanely swear or curse by the Name of God or any of his Attributes The first Words or Worâ—ks he or they shall be set in the stocks not exceeding three hours or pay five shillings fine to the County second offence c. or be imprisoned according to the quality of the Person and for a second Offence to pay ten shillings to the County or be whipt and so from time to time as often as afterwards found Transgressing in this kind 6. Forasmuch as the open Contempt of Gods Word and the Messinger thereof is the desolating sin of Civil State and Churches Vilifying the the Scripture or Holy Pen-men thereof Or the Word of God preached Or the Ministers thereof Or the wayes Churches or Ordinances of Christ It is Enacted That if any Christian so called in this Government shal speak contemptuously of the Holy Scripture or the Holy Pen-men thereof such Person or Persons shall be punisht by fine not exceeding five pounds or Corporal punishment by whipping And if any shall behave themselves Contemptuously towards the Word of God Preached or any Minister thereof called and faithfully dispencing the same in any Congregation either by manifest interrupting him in his Ministerial Dispensations or falsely peremptorily charging him with Teaching Errors to the disparagement and hinderance of the Work of Christ in his hand or mamfestly and contemptuously reproach the Wayes Churches or Ordinances of Christ being duely Convict thereof he or they for the first Transgression be Amerced twenty shillings fine to the County or be set in the Stocks not exceeding four hours But if he or they go on to transgress in the same kind then to be Amerced forty shillings or be whipt for every such Transgression 7. It is Ordered c. That where a Judgment is given in any Court for any Person of House or Lands upon the Tryal of the Title thereof or other Just cause if the Person against whom the Judgment is given doth either forcibly detain Possession thereof Forceable detainer either against the Officer impowred to serve an Execution thereon or after Execution served enter upon it again and so return Possession by force he shall be accounted an 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 Marshal Entry and possession Officer and other men whom he thinks meet to be imployed in the business the Marshal or other Officer also requiring aid greater or lesser as need requires to 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 forthcoming at the next Court that did give the Judgment in the Case there to make their answer and whom the Court doth find guilty to set such fine or other punishment upon them as the merit of their several Cases doth require Disturbance of the Peace 8. It is Ordered c. That whosoever shall disturb or undermine the Peace of this Jurisdiction or Inhabitants thereof by plotting with others or by his own Tumultuous and offensive carriage Traducing Quarrelling Challenging or Assaulting or any other way tending to publick Disturbance in what Place soever it be done or shall Defame any Court of Justice or any of the Magistrates Defamation of Court or Judge or Judges of any Court in this Jurisdiction in Respect of any Act or Sentance therein Passed Every such Offender upon due proof made shall be by the County Court punished by fine imprisonment binding to the Peace or good behaviour according to the quality and measure of the Offence or Disturbance to them seeming just and equal And that such as Beat Hurt or Strike any other Person shall be liable to pay unto the Party hurt or stricken and such Fine to the County as on consideration of the party smit Beating or hurting any Person and with what Instrument Danger more or less time place provocation c as shall be judged just and reasonable to the merit of the Offence by them that have the proper cognizance of the same 9. It is Ordered c. That if any person shall Forge any Deed or Conveyance Testament Bond Bill Release Acquittance Letter of Attorney or any Writing to pervert Equity and Justice Forging of Deeds Testaments Bonds Bills c. he shall pay the party grieved double Damages and be fined himself so much to the Countries use and if he cannot pay it to be publickly Whipt and Burned in the Face with a Roman F. 10. Be