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judgement_n court_n defendant_n writ_n 2,324 5 9.1709 5 true
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A52200 Acts and laws, passed by the Great and General Court or Assembly of His Majesties province of the Massachusetts-Bay, in New-England begun at Boston the twenty-ninth day of May, 1695, and continued by several adjournments until Wednesday the twentieth of November following.; Laws, etc. Massachusetts. 1695 (1695) Wing M954B; ESTC W7950 7,205 13

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ACTS AND LAWS Passed by the Great and General Court or Assembly of His Majesties Province of the Massachusetts-Bay in New-England Begun at Boston the Twenty-ninth Day of May 1695. and continued by several Adjournments until Wednesday the Twentieth of November following Anno Regni Guilielmi Tertii Angliae Scotiae Franciae et Hiberniae Regis Septimo WM R HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT BOSTON Printed by Bartholomew Green and John Allen Printers to the Governour and Council 1695. Strangers Arresting Inhabitants Anno Regni GUILIELMI Tertii Angliae Scotiae Franciae et Hiberniae Regis Septimo An Act That all Persons not being Free-holders or Settled Inhabitants Commencing Suit shall give Security before Process be granted WHEREAS for the more due and equal Administring of Justice in Civil Causes the Judgment given upon the first Tryal is not final the Law allowing the Party agrieved an Appeal therefrom or a Review of the same cause But forasmuch as Strangers and others not Resident within the Province do many times by themselves or Attorneys Commence Suits against Freeholders or Settled Inhabitants within the same and Recover Judgment and Satisfaction thereon and Remove themselves or Conceal and Convey away the Moneys so received whereby the adverse Party is prevented of Serving Process to bring the cause to another Tryal by Review and by means thereof may suffer great wrong To the intent therefore that all His Majesties Subjects may receive and enjoy the benefit of the Remedy provided by Law as above-said Be it Enacted by the Lieutenant Governour Council and Representatives in General Court Assembled and by the Authority of the same That every person not being a Freeholder or Settled Inhabitant having dwelt within the Province by the space of three years before intending by himself or Attourney to Commence Suit against any person or persons within this Province before Process be granted shall by himself or Attourney enter into Bond Security to be given before Process granted with two sufficient Sureties being Freeholders or Settled Inhabitants as aforesaid unto the Party against whom Process is demanded in the Clerks Office of the Court where the Suit is to be brought in double the Sum to be Sued for with condition to answer and satisfie the Defendant his Costs arising by such Suit in case the Plantiff do not Recover against him And that if Judgment be rendred for the Plantiff and the Defendant shall Review the same within the space of eighteen months next following and not afterwards that he shall well and truly pay and satisfy unto the Party bringing such Action of Review all such Sum and Sums of Money as he shall recover thereupon with the Costs arising thereby And all Clerks of Courts are hereby Ordered and Required to take such Bond Clerks of Courts to take Security before they make out Process in the name of or to any Stranger or other person not being a Freeholder or Settled Inhabitant as aforesaid or to the Attourney of any such and safely to keep the same for the use and benefit of the Party to whom it shall be made For which such Clerk shall demand the Fee of Two Shillings and no more to be paid by him at whose Suit the Process is granted and to be again allowed him in his Costs if he recover And if it happen Process to be made out to any Stranger or other Person not being a Freeholder or Settled Inhabitant as aforesaid or his Attourney without taking such Bond and Security and the same be pleaded at the time of Tryal before Issue joyned and the Bond or a Certificate thereof from the Clerk cannot be produced or shewn forth it shall be a good Plea for abatement of the Writt Bond not given the Process to abate and be accordingly allowed of by the Judges any Law Usage or Custome to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That every Attourney Commencing and Prosecuting any Suit in the name of any Stranger or other Person not Residing within the Province shall be held and reputed in Law as the Principal in such Suit Attourneys to Strangers liable in their own persons and be liable to be Served with Process against his Estate or Person to a Review of any such Suit as the Principal himself might be if present in his own person Provided such Action of Review be brought and commenced within Eighteen Months next following the time of the first Tryal or Tryal upon an Appeal as aforesaid and not afterwards And in all cases of like nature now depending before Execution be granted Cases depending alike directed Security as aforesaid shall be given to respond satisfy such Sum and Sums of Money that shall be Recovered upon a Review of any such Action with the Costs arising thereon and the Attourney that Commenced and Prosecuted any such Case shall be liable as aforesaid to be Served with Process in his own Estate or Person to such Action of Review And be it further Enacted by the Authority aforesaid That if any Stranger or his Attourney after Suit Commenced or Judgment given as aforesaid shall withdraw himself or keep out of the way so as he cannot be Served with a Writ within the time before limited to Review the Cause It shall be sufficient in Law to bring a Review of such Judgment at any time within Eighteen Months next after rendring of the same upon Summons left at the House where such Stranger or Attourney Commenceing Suit in his name had his usual abode within the Province fourteen days before the Sitting of the Court Proof of such Summons so left being made upon Oath before the Court. An Act For the better discovery and more Effectual Suppressing of Unlicensed Houses FORASMUCH as divers Ill disposed and Indigent Persons the Pains and Penalties in the Laws already made not regarding are so hardy as to presume to Sell and Retail Strong Beer Ale Cyder Perry Wine Rhum or other Strong Liquors or mixt Drinks and to keep common Tipling Houses therein Harbouring and Entertaining Apprentices Indians Negroes and other idle and dissolute Persons tending to the ruin and impoverishment of Families and to all Impiety and Debaucheries And if Detected and Convicted of any such Offence are unable to satisfy the Fine imposed by Law for the same And cannot be punished by Imprisonment without wrong to their Families For Remedy whereof and the more effectual Deterring Suppressing of such Evil Practices Be it Enacted by the Lieutenant Governour Council and Representatives in General Court Assembled and by the Authority of the same Persons unable to pay the Fine to be Whip't That when and so often as any person being duely Convicted of keeping a common Tipling House or Selling Strong Beer Ale Cyder Perry Wine Rhum or other Strong Liquors or mixt Drink by Retail without Licence first orderly had and obtained for the some shall be unable to