Selected quad for the lemma: judgement_n
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A50076
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Several laws and orders made at the General Court, holden at Boston the 15th of May 1672, and printed by their order Edward Rawson Secr.; Laws, etc.
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Massachusetts.
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1672
(1672)
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Wing M1022; ESTC R1777
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5,629
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8
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Several Laws and Orders made at the GENERAL COURT Holden at Boston the 15th of May 1672. And Printed by their Order Edward Rawson Secr. JVRIES VERDICT THis Court being desirous to prevent all Dissatisfaction and Inconveniencies that may arise in the Tryal of Civil Cases in Inferiour Courts sometimes happening by reason of Disagreement between the Bench and Jury formerly allowed by Law Do Order and Enact That henceforth in all County Courts after that the Bench have used all reasonable endeavours for clearing the case to the Jury by declaring the Law Juryes Verdict to be Read and not refused and comparing the matter of Fact and Damage proved therewith the Verdict of the Jury finally given shall be accepted and Judgement accordingly Entred And in like manner shall the proceeding be in the Court of Assistants unless upon apparent corruption or errour in the Jury giving in their Verdict contrary to Law or Evidence the party cast shall in open Court Attaint the Jury and give sufficient Bond and Sureties within twelve hours after the Verdict is accepted to prosecute the said Jury at the next Court of Assistants in an Action of Attaint in which Case Execution shall be respited Plainifs and Defendants liberty to Attaint the jury in Case and the Clerk of that Court shall Summon a Jury of twenty four Able and Discreet men chosen as the Law Directs to attend the service of the Court where the said Action of Attaint shall be tryed in the first place and if on tryall of the case there shall be found manifest Error or Mistake the party Complayning shall be Repayed his full damage from the other party to the Original Suit and if by the said Jury of twenty four there be found Bribery Conspiracie or other Corruption in the Jury attainted they shall be punished by Fine or Imprisonment proportionable to the degree of their Offence Juryes attainted how Tryed And if otherwise the twenty four Jurors shall acquit the former Jurors accused they shall be allowed double Costs from the party accusing and their Verdict and the Judgement of the former Court shall stand good and execution shall be Issued forth accordingly And that Clause in the Law allowing the Magistrates not to Concur with or refuse the Verdict of the Jury is hereby Repealed SVRETIES FOr Explanation of and Addition to the Law tit Sureties and goods Attached where it is provided that Sureties as well as Principalls shall be Responsible for one month to pay the Debt unless he or they Surrender the Principal into the hands of the Marshall or Deputy but no way provided in the said Law how the Suretyes may be compelled thereunto It is therefore Ordered Where Bonds are forfeited the Case to proceed and hereby Declared That in such Case the Party and Sureties being called and the Bond declared forfeited upon non-appearance the Case shall proceed to hearing and Judgement at the same Court as in case of the Defendants non-appearance upon Attachment of Goods And it the Case be found for the Plaintiff that Judgement be granted against him and his Suretyes Execution to Issue our agianst Suretyes and Execution be Issued out accordingly and to be in force against the Sureties as well as the Principall for one month after Judgement given as the said Law Intends No strong Liquor to Workmen VVHereas there have been sundry and frequent complaints preferred to this Court of Oppression by Excessive wages of Workmen and Labourers which notwithstanding the endeavours of this Court to redress such oppressions continue and further increase by a dangerous Imposition of such persons on those they work and labour for by demanding an allowance of Liquors or wine every day over and above their wages without which it is found by too sad experience many refuse to work Now forasmuch as such a practice of drinking liquors and wine tends much to the rooting young persons in an evil practise Law prohibiting Wine or strong Liquors to work men and by degrees to trayn them up to an habit of excess It is therefore Ordered by this Court and by the Authority thereof and be it hereby Enacted That if any person or persons after the publication hereof shall give wine or strong liquors to any workmen or boyes that work with them except in cases of necessity shall pay twenty shillings for every such Offence MILITARY THis Court taking into thir serious Consideration the weight and necessity that lyeth on them to see that all Souldiers especially at such a season as this should be fitted with Armes and well skilled to use them And because the welfare of each Military Troop and foot Company both in their being provided with and knowledge of their use of Armes lyeth very much in the Clerk of each Companyes carefull and faithfull observation and execution of his Office in the seasonable and due levying of such Fines as are by Law due for defects the neglect whereof too sad experience sheweth hath done very great hurt in many Companyes for preventing such Inconveniencies for the Future Souldiers lines to be gathered by the Clerk of Troops or Foot Companies within a month or to be leavied on themselves This Court doth Order That what Fines shall be due according to Law from any Souldier for defect in either Armes or Traynings which the Clerk or Clerks of the said Troop or Company shall not leavie and gather into his hands within one Moneth after the Training day on which the said defect is made it shall be in the power of the Captain or chief Officer of that Troop or Foot Company to send the Marshal or Constable with an Execution and leavie the said Fines upon the Estate of any such Clerk or Clerks so defective unless the said Clerk can make it appear to the Captain that he or they have been hindred either by sickness or the absence of the person delinquent being out of Town And it is further Ordered That the Clerk or Clerks of every Military Troop or Company shall once in six Moneths render a particular account to the Captain or chief Officer of all such fines as are leavied by the said Clerk that the same may be disposed of for the good of the Company according to Law THis Court considering our own state as to Fortification how that our Forts and Artillery belonging to the Country both in this Town of Boston Charlstown Salem and Marble head do need much to repair them that they may be fit for service if God should call thereunto Further allowaâ—ce to Boston Charlstown Salem and Marble head for Fortification Do therefore Order That each of the Towns above-mentioned shall be allowed what they are Rated to the Country-Rate for this next year for and towards the finishing and repairing the several Forts there and that each of their Rates be committed into the hands of the Committee of Militia in each of the aforesaid Towns by them speedily to be improved for
the use abovesaid VVHereas divers Souldiers who by Law are commanded to attend Military Exercise upon Training dayes in the Towns where they live not having any visible Estate whereon the Clerk of of the Company unto which they do belong can leavie the fine due by Law when they are delinquent either in Arms or Trainings do often neglect the duty in both keeping Arms and Trainings and do thereupon carry it boldly and provoakingly to the Clerk and other officers For prevention whereof It is Ordered by this Court and the Authority thereof That it shall be in the power of the Commission Officers of each Company or such of them as are present at the next Training day after such offence is committed to punish such person offending as abovesaid who hath not satisfied the Clerk according to Law Souldiers neglect of Arms training with their Contempt of Officers how punished by any Military punishment according to the aggravation of the Crime by either Riding the Wooden Horse or by Bilboes or lying Neck and Heels or acknowledgement at the Head of the Company or any punishment according to Military Discipline at the Discretion of the Commission Officer or Officers present And in case any such Delinquent shall absent himself from Training two dayes together that then it shall be in the power of the chief Officers and they are hereby enjoyned by Warrant directed to the Constable of that Town to convent such Offender before him and to proceed with him as in this Order is provided and all Constables are hereby Ordered to attend their duty herein Book-Debts WHereas by the Law made May 1669 respecting Book-debts It is Declared that all Book-Debts shall be cleared within three years as is therein expressed after which time no Book-Debt shall be pleadable in any Court Vpon a general complaint that the said Law will prove to the real detriment of very many of our Inhabitants and the utter unaoing of some if a greater number of years be not allowed to shut up Accompts Three years further added relating to Book-debts It is therefore Ordered and is hereby Declared That there shall be three years more added for the advantage of Debtors and Creditors to issue their Accompts that all grounds of complaint in this kinde may be removed BVRGLARY WHereas in the Law tit Burglary it is expressed if any person-shall commit Burglary by breaking open any Dwelling House Addition to the Law tit Burglary glary It is Ordered by this Court and the Authority thereof as an Addition to that Law That if any person shall break up any Ware-house Shop Mill Malt-house Barn or Out-house or any Vessel on any Shoar or in any Cove Creek or upon the Water such person so offending shall be punished as the Law provides in case of breaking up Dwelling houses HIDES WHereas the Law tit Leather in the latter end of the first Sect. doth restrain all persons except Tanners to Bargain for Hides to be purchased by any or buy any Hides of Bull Steer Oxe Cow c. being inconvenient in regard they are many times given in Barter for Shoos c. The said Clause in that Law by the Authority of this Court is hereby Repealed VVHereas the Law already made to prevent the Transportation of the Hides of the growth of this Colony do not reach the End for want of a full and due Execution This Court doth therefore Authorize and appoint the Freemen of every Seaport Town within this Jurisdiction to Chose a meet and sufficient person from amongst themselves yearly to whom all persons shall repair who intend the transporting of any Raw or Ruffe Hides and shall make proof whence such Hides so to be transported came and that they are not of the growth of nor killed in this Colony and shall take a note from the person so Authorized of the number of Hides that he intends to transport paying one penny to the abovesaid person for every such Hide Hides of the Countries 〈◊〉 growth not to be transported out of the Jurisdiction on penalty c. And it is hereby Ordered That no person shall ship or transport any Hides whatsoever out of this Jurisdiction without license from the person so Authorized upon penalty of loosing of such Hides so shipped nor shall any Master Purser or any other person belonging to any Ship or Vessel within this Colony receive on Board any Raw or Ruffe Hides without a Note or Ticket from the person so appointed first appearing upon the penalty of paying ten shillings for every Hide so shipped And such person Authorized as abovesaid shall have power by himself or whom he shall appoint to make search in any Ship or Cask wherein they suspect any Hides to be Laden contrary to this Order and shall make seizure thereof and the penalties and forfeitures above-mentioned shall be the one third to the seizer one third to the Country and one third to the Town from whence such Hides are shipt And it is further Ordered that the persons chosen as abovesaid shall be sworn to a faithful discharge of their duty herein INDIANS PORK WHereas the Indians that border upon the English Towns within this Jurisdiction do frequently sell Pork to the English and there is ground to suspect that some of the Indians do steal and sell the English mens Swine For prevention whereof This Court doth Order and Enact That all English men do henceforth mark their Swine with some Ear-mark or if they neglect the same it shall be reckoned as the loss of their propriety in them And it is further Ordered That no Indian within this Jurisdiction shall mark any Swine upon the Ears and that all Indians who bring Pork unto the English to sell Order to prevent Indians stealing Englishmens Swine are required to bring with them the Swines Ears whole otherwise or if the ears be marked it is in the liberty of any person to seize upon such Pork tendred to fell and the same to be forfeited the one half to the Seizer the other half to the poor of the place where it is seized to be distributed by the Select-men to them And it is further Ordered That this Law be forthwith Printed Published and Declared to all the Indians within this Jurisdiction in the Indian Language that they may attend the same And this Law to take place and commence eight Moneths after publication hereof SCOLDES VVHereas there is no express punishment by any Law hitherto established affixed to the evil practise of sundry persons by Exorbitancy of the Tongue in Railing and Scolding It is therefore Ordered That all such persons convicted before any Court or Magistrate that hath proper cognizance of the case shall be Gagged Punishment for Railing or Scolding or set in a Ducking-stool and dipt over Head and Ears three times in some convenient place of fresh or salt-water as the Court or Magistrate shall Judge meet Whether S shipping Goods upon B to be delivered to R beyond the Sea the said R paying fraight and the said B upon his arrival at the Port tendring the said Goods to R Resolation of a Question as to Fraight and the said R refusing to meddle with the said Goods and to pay fraight whether the said B can recover his fraight for the said Goods of the said S the said Good being left in a safe hand by good advice by the said B or whether the said B ought not to have satisfied himself for his fraight out of the said Goods without molesting the said S The Court resolves this Question that S is not liable to pay fraight unto B but B to satisfie himself for the fraight out of the Goods Whether all Reviews are to be Entred and Prosecuted in that Court where the Action was at first commenced Where reviews are to be tryed The Court resolves the Question on the Affirmative Whether upon an Action of Review the Costs of former Courts where the Action hath been tryed shall be granted for whom Judgement is given The Court Resolves this on the Negative Whether the Law tit Possessions intend the confirmation of Land to the Possessor Possession according to Law gives title c. where the Graunt of the said Land was to another person and the Possessor nothing to show for the Allienation thereof but his Possession according to that Law The Court resolves this on the Affirmative FINIS