the whole Case to said Court and each party shall be there allowed the benefit of any further Plea or Evidence And if upon any such new Plea or Evidence the Judgement happen to be Reversed and Appellant shall have no Costs Granted for the first Tryal Be it further Enacted and Ordained by the authority aforesaid Quarter Sessions of the Peace That there shall be Held and Kept in each Respective County within this Province yearly at the times and places hereafter named and expressed Four Courts or Quarter Sessions of the Peace by the Justices of the Peace of the same County who are hereby Impowred to Hear and Determine all Matters relating to the Conservation of the Peace and Punishment of Offenders and whatsoever is by them Cognizeable according to Law That is to say For the County of Suffolk at Boston on the first Tuesdays in March Junc September and December For the County of Plymouth at Plymouth on the third Tuesdayes in March June September and December For the County of Essex at Salem on the last Tuesdayes in June and December at Ipswich on the last Tuesday in March and at Newbury on the last Tuesday in September For the County of Middlesex at Charlstown on the second Tuesdayes in March and December at Cambridge on the second Tuesday in September and at Concord on the second Tuesday of June For the County of Barnstable at Barnstable on the first Tuesdayes in April July October and January At Bristol for the County of Bristol on the second Tuesdays in April July October and January For the County of York at York on the First Tuesdayes in April and July and at Wells on the first Tuesdayes in October and January and for the County of Hampshire at North-hampton on the First Tuesdayes in March and June at Springfield on the last Tuesdayes in September and December and that there be a General Sessions of the Peace Held and Kept at Edgar Town upon the Island of Capawock alias Martha's Vineyard and on the Island of Nantucket respectively upon the last Tuesday in March and on the first Tuesday of October yearly from time to time And it is further Enacted by the Authority aforesaid That at the times and places-before mentioned Courts of Common Pleas there shall be Held and kept in each Relpective County and Islands before-named within this Province an Inferiour Court of Common Pleas by four of the Justices of and Residing within the same County and Islands respectively to be appointed and commissionated thereto any Three of whom to be a Quorum for the hearing and determining of all Civil Actions arising or hapning within the same tryable at the common Law of what nature kind or quality soever and upon judgment given therein to award Execution Appeal to the Superiour Court PROVIDED nevertheless That it shall be in the Liberty of the party cast in any of the said Inferiour Courts to Appeal from the Verdict and Judgment given therein unto the next Superiour Court to be held within or for the same County the case there to be Tryed to a Final Issue Review Or by a new Process once and no more to review the said case in the same Court where it was first Tryed and within the space of ten days after judgment given upon such Tryall by review the party agrieved may bring his Wrirt of Error for a Tryall of the said Case at the next Superiour Court to be held within or for the same County there to receive a Final Issue and Determination PROVIDED also that the Party Appealing or bringing any Writt of Error as aforesaid shall first enter into Recognizance with sufficient Sureties before one or more of the Justices of the Court appealed from and upon Writt of Error before one or more of the Justices of the Superiour Court in double the value of the Debt or Damage recovered that he will prosecute the same Appeal or Writt respectively with effect and abide the Order of the Court no Appeal to be admitted after the time of the Courts Sitting nor after Execution Granted and the Party Appealing to bring the Copies of the whole Case unto the Superiour Court where each Party shall be allowed the benefit of any new and further Plea Evidence And if upon any such new Plea and Evidence the Judgement happen to be Reversed the Appellant shall have no Cost granted him for the first Tryal PROVIDED also That every Appellant as aforesaid shall give in a Declaration briefly setting forth the Reasons of his Appeal unto the Clerk of the Court Appealed from fourteen days inclusively before the Sitting of that Court where such Appeal is to be Tryed And it is further Enacted by the authority aforesaid That there shall be a Superiour Court of Judicature over this whole Province Superiour Court to be Held and Kept annually at the Respective Times and Places hereafter mentioned by one Chief Justice and four other Justices to be Appointed and Commissionated for the same Three of whom to be a Quorum who shall have Cognizance of all Pleas Real Personal or Mixt as well in all Pleas of the Crown and in all Matters Relating to the Conservation of the Peace and Punishment of Offenders as in Civil Causes or Actions between Party and Party and between Their Majesties and any of their Subjects whether the same do Concern the Realty and Relate to any Right of Freehold and Inheritance or whether the same do concern the Personalty and Relate to matter of Debt Contract Damage or Personal Injury and also in all Mixt Actions which may Concern both Realty and Personalty and after Deliberate Hearing to give Judgment and Award Execution thereon The said Superiour Court to be Held and Kept at the times and places within the Respective Counties following That is to say within the County of Svffelk At Boston on the last Tuesdayes of April and October Within the County of Middlesex at Charistewn on the last Tuesdayes of July and January Within the County of Fssex at Salem on the Second Tuesday of November and at Ipswich on the Second Tuesday of May. Within the Counties of Plimouth Barnstable and Bristol At Plimouth on the last Tuesday of February and at Bristol on the last Tuesday of August And be it further Enacted by the authority aforesaid That the Tryal of all Civil Causes by Appeal or Writ of Error from any of the Inferiour Courts within the Respective Counties of York or Hampshare the Islands of Capawock alias Martha's-Vineyard and Nantucket shall be in the Superiour Court to be Held at Boston or Charlstown And further it is Enacted That when Court of Assize General Goal Delivery and in what County soever the said Superiour Court shall Sit the Justices thereof shall Hold a Court of Assize and General Goal Delivery for the said County at the same time as occasion shall be And there shall be Held and Kept a Court of Assize and General
Goal Delivery for the Respective Counties and Places of York Hampshire the Islands of Capaweek alias Martha's-Vineyard and Nantucket within the same from time to time as the Governour and Council advising with the Justices of the Superiour Court shall Direct and Appoint according as occasion may be And it is further Enacted by the authority aforesaid Plaintiffs liberty to begin his Suit in the Inferiour or Superiour Court That it shall be in the Liberty of any Plaintiff to begin his Suit either in the Inferiour or Superiour Court at his pleasure and where the Original Process is made out of the Superiour Court the Party Cast shall have Liberty to Review his Case in the said Superiour Court once and no more PROVIDED Nevertheless That none of the said Inferiour Courts shall Receive any Action under the value of Forty Shillings nor shall any Action under the value of Ten Pounds be brought into the Superiour Court unless where Freehold is concerned No Action under Ten Pounds to come originally to the Superiour Court or upon Appeal And it is further Enacted by the Authority aforesaid That all Matters and Issues in Fact arising Matters of Fact to be Tryed by a Jury or happening within the said Province shall be Tryed by Twelve Good and Lawful Men of the Neighbourhood And that no person or persons shall be Chosen and Returned to Serve upon any such Jury but such as shall have a Real Estate of Freehold worth Forty Shillings per Annum or Personal Estate worth Fifty Pounds And for the more equal returning and appearance of Jurors to Serve in the several Courts It is Enacted by the Authority aforesaid That the Clerk of each Court respectively in convenient time Jurors how to be Chosen before the Sitting of such Coust shall Issue out Warrants directed to the Constables of the several Towns within the County or Jurisdiction of said Court or the most principal of them to Assemble the Frecholders and other Inhabitants of each several Town qualified as aforesaid to Serve as Jurors Requiring them to Choose so many good and lawful Men as the Warrant shall direct for Grand and Petit Jurors to serve at such Court and the Constable shall Summon the Persons so Chosen to attend accordingly at the time and place appointed and make timely Return of his Warrant unto the Clerk that Granted the same And no Person Serving as a Justice Juror Witness or otherwise shall be obliged to use any other Ceremony in taking of their Respective Oaths then lifting up the Hand as has been accustomed And be it further Enacted by the Authority aforesaid All Processes and Writs to Issue forth in Their Majesties Names Town-Clerk to grant Attachments for Cases triable before one Justice and Summons for Witnesses That all Processes and Writs shall Issue out of the Clerks Office of the said Respective Courts in Their Majesties Names under the Seal of the said Office and Signed by the Clerk and be directed to the Sheriff or Marshal of the County his Under-Sheriff or Deputy And where the Sum Sued for is under Ten Founds to direct also to the Constable of the Town PROVIDED Nevertheless That Replevins Summons and Attachments for any matter or cause Tryable before one Justice of the Peace and Summons for Witnesses in civil Cases may be Granted by the Town Clerk and directed to the Constable of such Town or to the Party to be Summoned for Witness And the Clerk of each Town respectively within this Province is hereby Impowred to Make and Grant such Writs and Processes as aforesaid and the Constable or Constables of such Town are Required to Execute them And all Procenes for Appearance as well in the Inferiour Court of Pleas as the Superiour Court of Judicature shall be Served and Executed fourteen days before the Sitting of such Court wherein such Writs shall be returnable and that all proper Original Processes in the said Courts shall be Summons Capias or Attachment And in case upon any such Summons duly Served and Affidavit thereof made in Court the Defendant do not appear by himself or his Attourney lawfully Authorized Judgment shall pass against him by Default And it is further Enacted and Declared by the Authority aforesaid That the Justices of the said several Courts be and hereby are Impowred to make necessary Rules and Orders for the more orderly practising and proceeding in said Courts Justices of Courts to make necessary Rules Orders and that no Summons Process Writ Judgment or other Proceeding in Courts or course of Justice shall be abated arrested or reversed upon any kind of Circumstantial Errors or Mistakes where the person and case may be rightly understood and intended by the Court nor through defect or want of form only And all Writs Processes Declarations Pleas Answers Replications and Entries in all the said Courts shall be in the English Tongue and no other And that it shall be in the Liberty of every Plaintiff or Defendant in any of the said Courts to Plead and Defend his own Cause in his proper person or with the Assistance of such other as he shall procure being a person not Scandalous or otherwise offensive to the Court. And it is hereby further Enacted by the authority aforesaid That there be a High Court of Chancery within this Province Court of Chancery who shall have Power and Authority to Hear and Determine all Matters proper and Cognizeable to said Court not Relievable by common Law the said Court to be Holden and Kept by the Governour or such other as He shall Appoint to be Chancellor Assisted with Eight or more of the Council who may appoint all necessary Officers to the said Court which said Court shall Sit and be Held at such times and places as the Governour or Chancellor for the time being shall from time to time Appoint PROVIDED Nevertheless That the Justices in any of the Courts aforesaid where the Forfeiture of any Penal Bond is found shall be and hereby are Impowred to Chancer the fame unto the just Debt and Damages Provided also Appeal to Their Majesties in Council That either Party not resting satisfied with the judgment or Sentence of any of the said Judicatories or Courts in personal Actions where in the matter in Difference doth exceed the value of Three Hundred Pounds Sterling and no other may Appeal unto Their Majesties in Council such Appeal being made in time and Security given according to the Directions in the Charter in that behalf And it is further Enacted by the authority aforesaid That Two Shillings Per Diem shall be accounted due satisfaction to any Witness for his Travel and Expences Witnesses allowance and no more to be allowed in civil Causes and if such Witness live within Three Miles of the Place of the Courts Sitting whereto he is Summoned and be not to pass any Ferry then One Shilling and Six-pence Per Diem shall be accounted sufficient And
aforesaid Sums We Command you to take the Body of the said D. E. and him Commit unto the Keeper of our Goal in B. within the said Prison whom we likewise Command to receive the said D. E. and him safely to keep until he pay unto the said A. B. the full Sum above-mentioned and be by him Released and also satisfie your Fees and this Writ with your doings therein you are to Return unto our said _____ Court _____ to be Holden at B. upon the last Tuesday in _____ Moneth next Witness J. R. Esq in B. the _____ day of _____ 169 In the _____ Year of our Reign J. VV. Scire Facias VVILLIAM and MARY c. To our Sheriff or Marshal of our County of S. c. Greeting Whereas C. D. before our Justices of our _____ Court of _____ Holden for or within our said County of S _____ at B _____ the last Tuesday of _____ in the _____ Year of our Reign By Consideration of our said Justices Recovered against A. B. of B Yeoman _____ Pounds Debt or Damage and also _____ Shillings for Costs and Charges by him about his Suit in that behalf Expended whereof the said C.D. is Convict as to us appears of Record and although the Judgement be thereof Rendred yet the Execution of the said Debt and Costs doth yet remain to be made whereof the said C. D. hath Supplicated us to provide Remedy for him in that behalf Now to the end That Justice be done We command you that by honest and lawfull men of your Precinct you make known to the said C D that he be before our Justices of our _____ Court of _____ to be Holden in or for our said County of S. at B. on the last Tuesday of _____ next to shew cause if any he have wherefore the said C. D. ought not to be have his Execution against him of the Debt and Cost aforesaid And further to do and receive that which our said Court shall then Consider and have there then the Names of them by whom to him you make known the same and this Writ Witness J. R. Esq at B. the _____ day of _____ In the _____ Year of our Reign J. W. Summons to give Evidences Suffolk ss TO A. B. of C. In Their Majesties Names you are Required to make your Appearance before Their Majesties Justices on the next _____ Court of _____ to be Holden for or within the County aforesaid at B upon the _____ Tuesday of _____ Instant to give Evidence of what you know Relating to a Plea or Action of _____ then and there to be Heard and Tryed betwixt R. S. Plaintiff and S. T. Defendant Hereof fail not as you will Answer your Default under the Pains and Penalty of the Law in that behalf made and provided Dated in B _____ the _____ day of _____ In the _____ Year of Their Majesties Reign Replevin Suffolk ss TO the Sheriff or Marshal of the said County or Constables of the Town of M. or to any or either of them In Their Majesties Names You are Required to Replevin one _____ of T. P. now Distreined or Impounded by J. G. and deliver the said _____ unto the said T. P. Provided he give Bond to the value of _____ with sufficient Suretie or Sureties to Prosecute his Replevin at the next Inferiour Court of Pleas to be Holden for the said County at B on the last Tuesday of _____ and so from Court to Court until the Cause be Ended and to pay such Costs and Damages as the said J. G. shall by Law Recover against him Hereof fall not and make true Return of this Writ with your Doings therein as the Law Directs Dated in B. the _____ day of _____ In the _____ Year of Their Majesties Reign Writ of Error WILLIAM and MARY c. To A. B. _____ Greeting Whereas in the Record and Process and also in giving Judgement and Issuing Execution of a Suit which was before our Justices of our Inferiour Court of Pleas Holden at B within the County of S on the _____ Tuesday of _____ last past between C. D. Plaintiff and F. G. Defendant of a Plea _____ Error Manifest doth appear to have Intervened to the grievous Damage of the said F. G. as of his Complaint We have received We willing that Error if any there be in this behalf in due manner be Corrected and speedy Justice according to the Law to the Party aforesaid therein be done as it becometh us Command you that if Judgement be thereon given and Execution Issued that the Record and Process of the Suit aforesaid and also the Execution thereon Issued and all things touching the same in any manner you have before our Justices of our Superiour Court of Judicature at _____ in our said Province the _____ next under your Seal so that our said Justices of our said Superiour Court may then and there have them and the Process and Record aforesaid and also the said Execution being inspected may further therein do what of right ought to be done Have with you then this Writ Witness _____ At _____ this _____ day of _____ In the _____ Year of our Reign Supersedeas WILLIAM and MARY c. To the Sheriff of our County of _____ Greeting Whereas C. D lately in our _____ Court of _____ hath Recovered against F. G as well _____ Pounds Debt as his Damages which by occasion of the Detaining of the said Debt to him in our said Court were adjudged wherof he is Convict as by the Record and Process of the Suit aforesaid before our _____ Justices of the said _____ Court fully appears as from the grievous Complaint of the said F. G We have received and that in the Record and Process and in Rendring of Judgement of the Suit aforesaid Error manifest hath Intervened to the grievous damage of the said F. G and we willing that Error therein if any be in due manner be Corrected and to the said F. G full and speedy Justice in this behalf to be done have Commanded the aforesaid _____ by our Writ that if Judgement therein be given he distinctly and aptly send the Record and Process of the Suit aforesaid with all things touching the same unto _____ under his Seal and that Writ so that _____ may have _____ the _____ day of _____ next Ensuing where _____ that the Record and Process being inspected we may cause further therein to be done as of right and according to Law ought to be done Nevertheless the Record and Process aforesaid with all things touching the same before the aforesaid _____ day of _____ into our said _____ Court of _____ cannot conveniently be sent and so Error therein if any be in the mean time cannot be discussed and therefore we Command you that if before the Receiving of that Writ you have not made Execution of this Judgement aforesaid then as well from further taking Arresting Imprisoning Exacting Out lawing or in any thing molesting the
aforesaid F G on the occasion aforesaid as of taking in Execution any Goods or Chattels Lands or Tenoments whatsoever of the said F G by occasion of the Judgement aforesaid until the Plea upon our Writ of Error to be corrected depending Undiseussed be fully determined you altogether Supersede and have with you then and there this Writ Witness W. S. Esq at B _____ the _____ day of _____ In the _____ Year of our Reign An Act For Regulating Fees BE it Enacted and Ordained by the Governour Council and Repre sentatives Convened in General Court or Assembly And it is hereby Enacted and Ordained by the Authority of the same That the Establishment of the Fees belonging to the several Offices in this Province be as followeth Justices Fees  l s d FOr every Attachment or Summons for Actions not Exceeding Forty Shillings Sixpence 00 00 6 Sub-Paena each Witness Two-Pence 00  2 Entring the Action Three Shillings 00 03  Every Execution Two Shillings 00 02  Filing Papers each Paper Two-pence 00  2 Every Warrant for Criminals one Shilling 00 01  Bond for Appeal one Shilling 00 01  Copy of Evidences the least Six-pence 00 00 6 Copy of a Judgment Six-pence 00 00 6 Every Recognizance Two Shillings 00 02  Confessing Judgment one Shilling 00 01  Affidavit out of Court 00 01  Each Dayes attendance at the Sessions to be paid out of the Fines Four Shillings 00 04  Acknowledging of a Deed or Mortgage or any other Instrument 00 02  Coroners Fees  l s d FOr taking every Inquisition to be paid out of the Estate of the deceased Thirteen Shillings and Four pence 00 13 04 If no Estate then to be paid by the County Treasurer Six Shillings and Eight-Pence 00 06 08 Fees for Probate of Wills granting Administrations c.  l s d FOr granting Administration Bond and Letter of Administration under the Seal of the Office if the Inventory amount to Thirty pounds or upwards to the Judge Four Shillings to the Register Three Shillings Six-pence 00 07 06 If the Inventory be under Thirty Pounds Five Shillings 00 05 00 Probate of a Will where the Inventory amounts to Thirty Pounds or upwards to the Judge Three Shillings and Sixpence to the Register Two Shillings and Sixpence 00 06 00 If under Thirty Pounds Four Shillings 00 04 00 Recording a Will or Inventory of one page Filing the same Two Shillings and Sixpence 00 02 06 If more each page of Twenty eight-lines eight words in a line one Shilling 00 0◠00 For a Copy of a Will or Inventory Twelve pence a page each page to contain as aforesaid 00 01 00 Allowing Accompts Settling and Dividing of Intostate Estates Five Shillings 00 05 00 Every Citation One Shilling 00 01 00 Every Quietus Four Shillings 00 04 00 Warrant for Apprizement Two Shillings 00 02 00 Making out a Commission to receive and Examin the Claims of Creditors to Insolvent Estates and Registring of the same Three Shillings 00 03 00 Registring of the Commissioners Report after the Rate of One Shilling Per Page to be accounted as aforesaid    For Entring an Order upon the Administrator to pay out the Estate in proportion unto the several Creditors Returned by the Commissioners One Shilling and Six-pence 00 01 06 Secretarys Fees  l s d FOr Engrossing the Acts or Laws of the General Assembly Ten Shillings each to be paid out of the Publick Revenue 00 10 00 Every Commission for the Justices of each County and Comission of Oyer and Terminer Ten Shillings to be paid out of the Publick Revenue 00 10 00 Every Commission for a Military Officer Three Shillings to be paid out of the Publick Revenue 00 03 00 Special Warrant or Mittimus by Order of the Governour and Council each Two Shillings Six-pence 00 02 06 Every Commission under the Great Seal for Places of Profit Ten Shillings 00 10 00 Every Bond Two Shillings 00 02 00 Every Order of Council to the benefit of particular persons Two Shillings and Six-pence 00 02 06 Every Petition to the Governour and Council or General Assembly according to the Import from two Shillings and Six-pence to Ten Shillings    A Pats or Sea Brief Three Shillings 00 03 00 A Eill of Health Three Shillings 00 03 00 Every Writ for Electing of Assembly-Men directed to the Sheriff or Marshal under the Province Seal Five Shillings to be paid out of the Publick Revenue 00 05 00 For Transcribing the Acts or Laws passed by the General Assembly into a Book Twelve-pence a Page each page to contain Twenty Eight Lines Eight Words in a Line and so proportionably to be paid out of the Publick Revenue    In the Superiour Court The Justices Fees ENtry of every Action for Tryal Twelve Shillings 00 12 00 out of which to the Clerk Two Shillings 00 02 00 Taking every Special Bayl Two Shillings 00 02 00 Allowing of a Writ of Error Three Shillings 00 03 00 Allowing a Habeas Corpus Two Shillings 00 02 00 Confessing Judgement Two Shillings 00 02 00 Acknowledging Satisfaction of a Judgment on Record one Shilling 00 01 00 In all Criminal Cases where a Fine is set Six Shillings 00 06 00 Taxing every Bill of Cost One Shilling 00 01 00 Clerks Fees Every Writ and the Seal One Shilling and Six-pence 00 01 06 Every Rule of Court Six-pence   06 Filing every Declaration One Shilling 00 01 00 To the Jury to be paid down by the Plaintiff Six Shillings Sixpence 00 06 06 Entring Appearance Six pence   06 Signing a Indgement by Default One Shilling 00 01 00 Taking every Verdict and Recording it One Shilling 00 01 00 Copies of all Records Twelve pence a page each page containing Twenty Eight Lines eight words in a Line 00 01 00 Less then One Page One Shilling    Every Action withdrawn non Suit One Shilling 00 01 00 Every Petition Read One Shilling 00 01 00 Order thereon One Shilling 00 01 00 Filing the Records of each Action Two-pence a Paper 00 03 00 Every Execution Two Shillings 00 02 00 In Criminal Cases Drawing and Ingrossing every Indictment or Information Two Shillings 00 02 00 Every Appearance Six-pence 00 00 06 For the Discharge of any person upon Bail for the peace good behaviour Contempt and the like and Warrant thereon One Shilling 00 01 00 For Awarding and making forth Process against the Defendant on Information One Shilling 00 01 00 Every Warrant for the peace or good behaviour One Shilling 00 01 00 In the Inferiour Court Justices Fees Entry of every Action Ten Shillings 00 10 00 Of which the Clerk is to have Two Shillings 00 02 00 Taking Special Bail Two Shillings of which the Clerk one Quarter 00 01 00 Confessing Judgment One Shilling of which the Clerk one Quarter 00 01 00 Acknowledging Satisfaction of Judgment on Record One Shilling
in the Province with two or more Justices of the Peace Dwelling in the Town or two of the next Justices in the County Slaughter-Houses Still-Houses c. to be in certain places assigned no other shall at or before the last day of March One Thousand Six Hundred Ninety Three Assign some certain places in each of said Towns where it may be least offensive for the Erecting or Setting up of Slaughter-Houses for the Killing of all Meat Still-Houses Houses for Trying of Tallow Currying of Leather which Houses may be Erected of Timber the Law referring to Building with Brick or Stone notwithstanding And shall cause an Entry to be made in the Town-Book of what places shall be by them so Assigned and make known the same by Posting it up in some Publick Places of the Town At which Houses and Places respectively and no other all Butchers and Slaughter-men Distillers Chandlers and Curriers shall Exercise and Practice their Respective Trades and Mysteries on pain that any Butcher or Slaughter-man transgressing of this Act by Killing of Meat in any other place for every Conviction thereof before one or more Justices of the Peace shall Forfeit and Pay the Sum of Twenty Shillings And any Distiller Chandler or Currier offending against this Act for every Conviction thereof before Their Majesties Justices at the General Sessions of the Peace for the County shall Forfeit and Pay the Sum of Five Pounds one third part of said Forfeitures to be to the use of Their Majesties for the Support of the Government of the Province and the Incident Charges thereof one Third to the Poor of the Town where such Offence shall be Committed and the other Third to him or them that shall Inform and Sue for the same And for preventing of Cruelty to Bruit Creatures It is further Enacted by the Authority aforesaid Crueky to bruit Creatures forbidden That all Calves Sheep or Lambs brought alive to the Market shall be either driven or carried in Carts Sleds Panyers or Boats and not otherwise on pain of Forfeiting of all Calves Sheep or Lambs passing towards or brought alive to the Market laid across or hanging by the sides of Horses as has been usual or in any other way contrary to the true Intent of this Act One half of all such Forfeitures to be unto the Informers who shall Seiz and Prosecute for the same and the other Moity to the use of the Poor of the Town where such Seizure shall be made to be distributed by the Select-men or Overseers of the Poor And all Select-men Overseers of the Poor Constables Tythingmen and other Officers in any Town upon their own view or Information of any Transgression of this Act within their respective Precincts shall and hereby are Impowred to Seiz or cause to be Seized all Calves Sheep or Lambs that shall be carrying or brought alive to the Market in any other way than is before Directed And upon due proof thereof made before one or more Justices of the Peace shall be Forfeited and the same or the value thereof be disposed of as aforesaid And all Veal or other Meat exposed to Sale that shall be blown up or winded shall be alike Forfeited and Disposed of An Act For Affirming of former Judgments and providing for Executions VVHEREAS upon Tryals had in the late Courts of Judicature within the several Colonies now by Their Majesties Royal Charter United and Incorporated into one Province by the name of the Province of the Massachusetts-Bay several Judgements were obtained of which Execution remains to be done and some others are depending by Appeal according to the course and practice of the Courts then in being To the end that there be no failure of Justice for want of a due course of Law for the Prosecuting Obtaining and Levying of the same Be it Enacted and Ordained by the Governour Council and Representatives Convened in General Court or Assembly and by the Authority of the same That where any Appeal as aforesaid is depending having not been heard every such Appellant shall have a Summons from the Clerk of the Superiour Court unto the adverse party to be Served upon him seven days inclusive before the Courts Sitting Requiring him to appear at the first Superiour Court to answer the said Appeal where the same shall be Heard and Tryed according to former Usage upon the first Evidence and no other And the Judgement to be Affirmed or Reversed as the Case shall there be Judged upon Tryal And if the Appellant neglect to Appear or Prosecute his Appeal the former Judgement shall be Affirmed and Execution Awarded accordingly And it is further Enacted by the Authority aforesaid That where Judgement has passed in any County Court or Court of Commissioners and Execution has not been Taken out and Levied for satisfying of the same the Party for whom any Judgement was so given his Executors or Administrators shall have a Writ of Scire Facias from the Clerk of the Inferiour Court of Pleas within the same County in which such Judgement was obtained unto the Adverse Party to appear before said Court to shew cause if any there be why Execution should not Issue forth And in case of Non Appearance or that sufficient cause be not shewn to the Court the former Judgement shall be affirmed and Execution granted accordingly the Costs of this Tryal to be added unto the same Provided that the said Writ of Scire Facias be Served seven days inclusive before the Courts Sitting And be it further Enacted by the Authority aforesaid That after one year Expired next after giving Judgement in any Court of Record within this Province No Execution after one year expired to be granted without a Scire facias no Execution for such Judgement shall be Issued out until a Writ of Scire Facias hath been Granted out of the same Court and Served upon the Adverse Party as is before directed or left by the Sheriff his Under-Sheriff or Deputy at his Dwelling or Place of usual and last Abode requiring him to appear and shew cause if any he have why Execution ought not to be done And upon his Non Appearance or not shewing of sufficient cause as aforesaid The Court shall thereupon Award Execution An Act For the Orderly consummating of Marriages BE it Ordained and Enacted by the Governour Council and Representatives in General Court Assembled and by the Authority of the same Justices or Ministers respectively to Solemnize Marriages That every Justice of the Peace within the County where he resides and every Setled Minister in any Town shall and are hereby respectively Impowred and Authorized to Solemnize Marriages within their Respective Towns and Counties betwixt Persons that may lawfully Enter into such Relation having the consent of those whose immediate care and Government they are under and being likewise first Published by asking their Banns at three several Publick Meetings in both the Towns where such Parties respectively
Hereditaments shall or may be Molested Troubled Defeated Recovered or Charged or shall as is aforesaid Forge Make or Cause or Assent to be Made or Forged any Obligation or Bill Obligatory Letter of Attourney or any Acquittance Release or other Discharge of any Debt Accompt Action Suit Demand or other thing personal Or if any person or persons shall Pronounce Publish or Shew forth in Evidence any such False and Forged Deed Conveyance Writing Obligation Bill Obligatory Letter of Attorney Acquittance Release or Discharge as true Knowing the same to be False and Forged as is aforesaid to the Intent above Remembred and shall be thereof Convicted either upon Action or Actions of Forger of False Deeds to be Founded upon this Act at the Suit of the Party grieved or otherwise according to the Order and due Course of Law or upon Bill or Information That then every such Offender shall pay unto the Party grieved his double Costs and Damages to be found and Assessed in such Court where the said Conviction shall be and also shall be Set upon the Pillory in some Market Town or other open Place and there to have one of his Ears cut off and also shall have and suffer Imprisonment by the space of one whole Year without Bail or Mainprize And the Party or Parties grieved by reason of any of the Offences aforesaid may take his or their Suit against any such Offender or Offenders in any Court of Record where no Essoign Injunction or Protection shall be allowed the Party Defendant Provided always and it is Enacted by the Authority aforesaid That this Act or any thing therein contained shall not extend to charge any Judge of Probate or Register with any the Offences aforesaid for putting their Seal of Office to any Will to be Exhibited unto them not knowing the same to be False or Forged for Writing of the said Will or Probate of the same Nor to any other Person or Persons that shall shew forth or give in Evidence any False or Forged Writing for true or good being not party or privy to the Forging of the same nor knowing the same to be False or Forged any thing in this Act to the contrary notwithstanding And it is further Enacted and Ordained by the authority aforesaid If Any Person or Persons either by the Subornation unlawful procurement reward Sinister perswasion or means of any other or by their own Act Wilful Perjury Consent or Agrement shall Wilfully and corruptly commit any manner of Wilful Perjury by his or their Deposition in any Court of Record or being Examined Ad Perpetuam rei memoriam That then every Person and Persons so Offending and being thereof duely Convict or Attainted By Law shall for his or their Offence Loose and Forfeit Twenty Pounds the one Moity thereof unto their Majesties and the other Moity to such Person or Persons as shall be Grieved hindred or Molested by reason of any such Offence that shall Sue for the same by Action of Debt Bill Plaint Information or otherwise in any Court of Record in the which no Wager of Law Essoign Protection or Injunction to be allowed And also to have Imprisonment by the Space of Six Months without Bail or Mainprise And the Oath of such Person or Persons so Offending not to be received in any Court of Record until such time as the Judgment given against the said Person or Persons shall be reversed by attaint or otherwise and upon every such reversal the Parties agrieved to recover his or their Damages against all and every such Person Persons as did procure the said Judgment so reversed to be given against them or any of them by Action or Actions upon his or their Case or Cases according to the Course of the Common Law AND if it happen the Said Offender or Offenders so Offending not to have any Goods or Chattels to the Value of Twenty Pounds that then He or they be Set on the Pillory by the space of one whole hour in some Market Town where the Offence was Committed or next adjoyning to the place where the Offence was Committed and to have both his Ears Nailed and from thence forth to be discredited and disabled for ever to be sworn in any Court of Record until such Time as the Judgment shall be reversed AND all and every person and persons who shall unlawfully and corruptly procure any Witness or Witnesses by Letters Rewards Promises or by any other Sinister and unlawful Labour or Means whatsoever to Commit any wilful and corrupt Perjury in any Matter or Cause whatsoever Depending or that shall Depend in Suit and Variance by any Writ Action Bill Complaint or Information in any Court of Record or to Testifie in perpetuam rei memoriam Every such Offender being thereof duely Convict or Attainted by Law shall for his or their Offence be proceeded against and suffer the like Pains Penalties Forfeitures and Disability in all respects as above-mentioned And it is further Enacted by the authority aforesaid That all the aforesaid Forfeitures and Sums of Money arising for any Offence Mentioned in this Act and every Branch thereof and not otherwise disposed of shall be unto Their Majesties for and towards the Support of the Government of this Province and the Incident Charges thereof An Act For the Punishing of Capital Offenders BE it Ordained and Enacted by the Governour Council and Representatives in General Court assembled And by the authority of the same That all and every of the Crimes and Offences in this present Act hereafter mentioned be and hereby are declared to be Felony And every Person and Persons Committing any of the said Crimes or Offences being thereof-Legally Convicted shall be Adjudged to Suffer the Pains of Death Idolatry IF any Man shall have or Worship any other god but the TRUE GOD. he shall be put to death If any Man or Woman be a WITCH Witcheraft that is hath or consulteth with a Familiar Spirit they shall be put to death If any person shall presume to Blaspheme the Holy Name of GOD Blasphemy FATHER SON or HOLY GHOST either by wilful or obstinate denying the True God or His Creation or government of the World or shall Curse God in like manner or Reproach the Holy Religion of God as if it were but a Politick Device to keep Ignorant people in Awe or shall utter any other kind of Blasphemy of the like nature or degree he shall be put to death If any person or persons shall compass or imagine the Death of Our Soveraign Lord the King or of Our Lady the Queen High Treason or shall Levy War against Our said Lord and Lady the King and Queen or adhere unto Their Enemies giving to them aid and comfort and thereof be attainted or convicted of open Deed by their Peers upon the Testimony and Deposition of Two lawful and credible Witnesses on Oath brought before the Offender Face to Face at the time of his
00 01 00 Taxing every Eill of Cost One Shilling 00 01 00 whereof Six-pence to the Clerk 00 00 06 To the Jury to be paid down by the Plaintiff Six Shillings Six-pence 00 06 06 Clerks Fees For every Writ and Seal One Shilling 00 01 00 Entring Appearance six-pence 00 00 06 Eutring and Recording the Verdict One Shilling 00 01 00 Making up the Record One Shilling 00 01 00 Copys of all Records Twelve Pence each page as before 00 12 00 Every Action withdrawn or Non-Suit one shilling 00 01 00 Every Execution Two shillings 00 02 00 Clerk of the Sessions or Peace his Fees ENtring Complaint or Indictment Two shillings 00 02 00 Discharge of a Recognizance One Shilling 00 01 00 Making forth Process against Criminals One shilling 00 01 00 Every Summons Three-pence 00 00 03 Every Warrant for the Peace or good Behaviour one shilling 00 01 00 Every Licence for Houses of Publick Entertainment or Retailing Five shillings 00 04 00 whereof two to the Clerk 00 02 00 Sheriff or Marshals Fees or Constables  l s d FOr Serving every Summons for Tryal one shilling 00 01 00 Every Capias or Attachment Two shillings 00 02 00 And if above one Mile three-pence per Mile besides    Bayl Bond One Shilling 00 01 00 Levying Execution for the first Twenty Pound or under One shilling Per Pound above that not Exceeding Forty Pound six-pence per Pound    Above Forty Pound not exceeding One Hundred Pound Three-pence per Pound for whatsoever it exceeds One Hundred Pound Two-pence per Pound Besides Four-pence per Mile for Travel from Home    Every Tryal One shilling 00 01 00 Every Precept for Choosing of Representatives Two Shillings to be paid out of the County Assessment 00 02 00 Cryers Fees For calling of the Jury six-pence 00 00 00 Every Non Suit Twelve-pence 00 01 00 Every Verdict Twelve-pence 00 01 00 Goalers Fees For Turning of the Key upon every Prisoner Committed five shillings viz. Commitment 2 s. 6 d. Discharge 2 s. 6 d. 00 05 00 for Diet for each Prisoner Two Shillings and six-pence per week and so proportionable he finding the same 00 02 06 And be it further Enacted by the Authority of the same That what Officer soever shall ask demand and take any greater or other Fee's than are beforementioned for the matters aforesaid or any of them and be thereof duly Convicted in any Court of Record within this Province shall forfeit and pay the sum of Ten Pounds currant Money One Moiety whereof to be unto Our Soveraign Lord and Lady the King and Queen Their Heirs and Successors for and towards the Support of the Government of this Their Province and the contingent charges thereof And the other Moiety unto the Informer or him that shall sue for the same in any Court of Record wherein no Essoign protection or wager of law shall be allowed And shall further pay unto the party grieved double the value of the excessive Fees so taken An Act For Ascertaining the number and Regulating the House of Representatives WHereas Their Majesties have been Graciously pleased by Their Royal Charter to grant power unto the Great and General Court or Assembly of Their Province of the Massachusetts-Bay from time to time to direct appoint and declare what number of Represensentatives each County Town or place shall Elect and Depute to serve for and Represent them Respectively in the said Assembly BE ir therefore Enacted and Ordained by His Excelleney the Governour Council and Representatives now in General Court Assembled And by the Authority of the same That henceforth every Town within this Province consisting of the Number of Forty Freeholders and other Inhabitants qualified by Charter to Elect shall and hereby are Injoyned to Choose and send one Freeholder as their Representative and every Town consisting of the Number of one Hundred Twenty Freeholders and other Inhabitants qualified as aforesaid or upwards may send Two such Representatives and each Town of the number of Thirty Freeholders and other Inhabitants qualified as aforesaid or upwards under Forty are at liberty to send or not but may Choose and send one Representative if they think fit to serve for and Represent them Respectively in every Session of the Great and General Court or Assembly from time to time And all Towns under Thirty Freeholders may send one to Represent them or Joyn with the next Town in the Choice of their Representatives they paying a proportionable part of the Charge And no Town shall at any time send more than Two Representatives except Boston who are hereby granted to choose and send Four And be it further Enacted by the Authority aforesaid That when and so often as His Excellency the Governour shall see cause to Convene and Hold a Great and General Court or Assembly Writts shall Issue out from the Secretarys Office under the Seal of the Province and Signed by the Governour Thirty days at least before the time appointed for such Assemblys meeting directed unto the Sheriffs of the several Counties And where there is no Sheriff in any County or place there to be directed to the Marshall commanding each of them respectively to send his Precepts to the Select men of the several and respective Towns within such County to Assemble and call together the Freeholders and other Inhabitants qualified as aforesaid to Choose and Elect one or more Freeholders as the number in each Town is more or less as above to serve for and Represent them in such Great and General Court or Assembly The major part of the Select-men in each Town respectively to be present at such Meeting and to give Directions for the regular and orderly Carrying on of the same Who are to Return the said Precept with the Names of such as shall be Chosen by the major part of the Electors present at such Meeting under their Hands unto the Respective Sheriffs or Marshals by them to be returned into the Secretary's Office one day at the least before the time prefixed for the said Court or Assemblies Sitting And it is further Enacted by the Authority aforesaid That the Representatives Assembled in any Great and General Court shall be the Sole Judges of the Elections and Qualifications of their own Members and may from time to time Settle Order and Purge their House and make such necessary Orders for the due Regulation thereof as they shall see occasion And Forty Representatives at any time so Assembled shall be accounted a Number sufficient to Constitute a House Pass Bills and to Transact and Do Business proper to be done in that House and such Acts to be esteemed valid and of Effect And it is further Enacted by the authority aforesaid That each Town respectively shall pay unto their several Representatives during their Attendance on the Court and for the necessary Time Expended in their Journeying to and from thence Three Shillings in Money Per Diem
three dayes after service to be returned and the body brought if within 20 miles c. Under Keepers or Deputy of the said Officers or Keepers that the said Officer or Officers his or their Under Officers Under-Keepers or Deputies shall within three dayes after the Service thereof as aforesaid unless the Commitment aforesaid were for Treason or Felony plainly and specially expressed in the Warrant of Commitment upon payment or Tender of the Charges of bringing the said Prisoner to be Ascertained by the Judge or Court that Awarded the same and Endorsed upon the said Writ not exceeding Twelve-pence per Mile and upon Security given by his own Bond to pay the Charges of carrying back the Prisoner if he shall be Remanded by the Court or Judge to which he shall be brought according to the true intent of this present Act and that he will not make any Escape by the way make Return of such Writ and bring or cause to be brought the Body of the Party so Committed or Restrained unto or before the Chief Justice or any other of the Justices of the Superiour Court And shall then likewise certifie the true Causes of his Detainer or Imprisonment unless the Commitment of the said Party be in any place beyond the distance of Twenty Miles from the place or places where such Court or Person is or shall be Residing and if beyond the distance of Twenty Miles and not above One Hundred Miles then within the space of Ten days and if beyond the distance of One hundred Miles then within the space of Twenty days after such the delivery aforesaid and not longer And to the Intent that no Sheriff Goaler or other Officer may pretend Ignorance of the Import of any such Writ Be it Enacted by the Authority aforesaid That all such Writs shall be Signed by the person that Awards the same Writs of Habeas Corpus and the Proceedings there on in vacation time if any person or persons shall be or stand Committed or Detained as aforesaid for any Crime unless for Felony or Treason plainly expressed in the Warrant of Commitment in the Vaeation time and out of Term it shall and may be lawful to and for the person or persons so committed or detained other than persons convict or in Execution by Legal Process or any one on his or their behalf to appeal or complain to one or more of Their Majesties Justices of the Superious Court and the said Justice or Justices upon view of the Copy or Copies of the Warrant or Warrants of Commitment and detainer or otherwise upon Oath made that such Copy or Copies were denied to be given by such person or persons in whose custody the Prisoner or prisoners is or are deteined are hereby Authorized and Required upon request made in Writing by such person or persons or any on his her or their behalf attested and subscribed by two Witnesses who were present at the Delivery of the same to award and Grant an Habeas Corpus under the Seal of the said Court to be Directed to the Officer or Officers in whose Custody the Party so Committed or Detained shall be Returnable immediately before the said Court Justice or Justices and upon Service thereof as aforesaid the Officer or Officers his or their Under-Officer or Under-Officers Under-Keeper or Under-Keepers or Deputy in whose Custody the Party is so Committed or Detained shall within the times respectively before Limited bring such Prisoner or Prisoners before the said Justice before whom the said Writ is made Returnable and in case of his Absence before any other of them with the Return of such Writ the true Causes of the Commitment Detainor thereupon within two days after the Party shall be brought before the said Court Justice or Justices the said Court or Justice before whom the Prisoner shall be brought as aforesaid shall Discharge the said Prisoner from his Imprisonment taking his or their Recognizance with one or more Surety or Sureties in any Sum according to their Discretions having Regard to the Quality of the Prisoner and nature of the Offence for his or their Appearance in the said Superiour Court the Term following or at the next Assizes Sessions or General Goal Delivery within or for such County or place where the Commitment was or where the Offence was Committed or in such other Court where the said Offence is properly Cognizable as the Case shall Require and then shall Certifie the said Writ with the Return thereof and the said Recognizance or Recognizances into the said Court where such Appearance is to be made unless it shall appear unto the said Court or Justice that the Party so Committed is Detained upon a Legal Process Order or Warrant out of some Court that hath Jurisdiction of Criminal Matters or by some Warrant Signed and Sealed with the Hand and Seal of any of the said Justices or some Justice or Justices of the Peace persons neglecting two Terms to pray a Habeas Corpus shall have none in vacation time inpursuance of this Act officers how to be proceeded against for not obeying such Writer for such Matters or Offences for the which by the Law the Prisoner is not Bailable Provided always and be it Enacted That if any person shall have wilfully neglected by the space of two whole Terms after his Imprisonment to pray a Habeas Corpus for his Enlargement such Person so wilfully neglecting shall not have any Habeas Corpus to be Granted in vacation time in pursuance of this Act. And be it further Enacted by the authority aforesaid That if any Officer or Officers his or their Under Officer or Under Officers Under-Keeper or Under-Keepers or Deputy fuse to make the Returns aforesaid or to bring the Body or Bodys of the Prisoner or Prisoners according to the Command of the said Writ within the Respective Times aforesaid or upon Demand made by the Prisoner or Person in his behalf shall Refuse to Deliver or within the Space of Six Hours after Demand shall not Deliver to the Person so Demanding a True Copy of the Warrant or Warrants of Commitment and Detainer of such Prisoner which he they are hereby Required to Deliver accordingly all every the Head Goalers Keepers of such Prisons such other Person in whose Custody the Prisoner shall be Detained shall for the First Offence Forfeit to the Prisoner or Party grieved the sum of Fifty Pounds for the Second Offence the Sum of One Hundred Pounds and shall and is hereby made incapable to hold or execute his said Office the said Penalties to be recovered by the Prisoner or Party grieved his Executors or Administrators against such Offender his Executors or Administrators by any Action of Debt Suit Bill Plaint or Information in any Court of Record wherein no Essoign Protection Priviledge Injunction Wager of Law or stay of Prosecution by Non vult ulterius Prosequi or otherwise shall be admitted or allowed and any
recovery or Judgment at the Suit of any Party grieved shall be a sufficient Conviction for the first Offence And any after Recovery or Judgment at the Suit of a party grieved for any Offence after the First Judgment shall be a sufficient Conviction to bring the Officers or person within the said Penalty for the second Offence And for the provention of unjust vexation by reiterated Commitments for the same Offence Reasons set at large not to be Recommitted but by Order of Court Be it Enacted by the authority aforesaid That no person or persons which shall be delivered or set at large upon any Habeas Corpus shall at any time hereafter be again Imprisoned or Committed for the same Offence by any person or persons whatsoever other than by the Legal Order and Process of such Court wherein he or they shall be bound by Recognizance to appear or other Court having Jurisdiction of the Cause And if any other person or persons shall knowingly contrary to this Act Recommit or Imprison or knowingly procure or cause to be Recommitted or Imprisoned for the same Offence or pretended Offence any person or persons delivered or set at large as aforesaid or be knowingly aiding or assisting therein then he or they shall Forfeit to the Prisoner or Party grieved the Sum of Two Hundred Pounds any colourable pretence or variation in the Warrant or Warrants of Commitment notwithstanding to be Recovered as aforesaid Provided always be it further Enacted That if any person or persons shall be Committed for High Treason or Felony plainly and specially expressed in the Warrant of Commitment Persons Committed for Treason or Felony shall be Indicted the next Term or let to Bayl. upon his Prayer or Petition in open Court the first week of the Term or first day of the Sessions of Oyer Terminer or General Goal Delivery to be brought to his Tryal shall not be Indicted some time to the next Term Sessions of Oyer Terminer or General Goal Delivery after such Commitment it shall and may be lawful to and for the Justices of the Superiour Court Justices of Over and Terminer or General Goal Delivery and they are hereby Required upon motion to them made in Open Court the last day of the Term Sessions or Goal Delivery either by the Prisoner or any one in his behalf to set at Liberty the Prisoner upon Bail unless it appear to the Justices upon Oath made that the Witnesses for the King could not be produced the same Term Sessions or General Goal Delivery And if any person or persons Committed as aforesaid upon his Prayer or Petition in Open Court the first week of the Term or first day of the Sessions of Oyer and Terminer and General Goal Delivery to be brought to his Tryal shall not be Indicted and Tried the Second Term Sessions of Oyer and Terminer or General Goal Delivery after his Commitment or upon his Tryal shall be Acquitted he shall be Discharged from his Imprisonment Provided always That nothing in this Act shall extend to Discharge out of Prison any person Charged in Debt or other Action or with Process in any Civil Cause but that after he shall be Discharged of his Imprisonment for such his Criminal Offence he shall be kept in Custody according to the Law for such other Suit Provided always and be it Enacted by the Authority aforesaid That if any of their Majesties Subjects shall be committed to any Prison or in Costody of any Officer or Officers whatsoever for any Criminal or supposed Criminal Matter that the said Person shall not be Removed from the said Prison and Custody into the Custody of any other Officer or Officers unless it be by Habeas Corpus or some other Legal Writ or where the Prisoner is delivered to the Constable or other Inferiour Officer to carry such Prisoner to some Common Goal or where any Person is Sent by Order of any Judge of Assize or Justice of the Peace to any Common Work-House or House of Correction or where the Prisoner is Removed from one Prison or Place to another within the same County in order to his or her Tryal or Discharge in due course of Law or in case of sudden Fire or Infection or other necessity and if any person or persons shall after such Commitment aforesaid Make out and Sign or Countersignâ— any Warrant or Warrants for such Removal aforesaid contrary to this Act as well he that Makes or Signs or Counter-signs such Warrant or Warrants as the Officer or Officers that Obey or Execute the same shall suffer and Incur the Pains and Forfeitures in this Act before mentioned both for the First and second Offence respectively to be recovered in manner aforesaid by the Party grieved Provided also and be it further Enacted by the authority aforesaid Penalty c. for denying an Habeas Corpus That it shall and may be Lawful to and for any Prisoner and Prisoners as aforesaid to Move and Obtain his or their Habeas Corpus And if the said Justices for the time being or any of them in or out of Court upon view of the Copy or Copies of the Warrant or Warrants of Commitment or Detainer or upon Oath made that such Copy or Copies were denied as aforesaid shall deny any Writ of Habeas Corpus by this Act Required to be granted being moved for as aforesaid they shall severally Forfeit to the Prisoner or Party grieved the sum of One Hundred Pounds to be Recovered in manner aforesaid Provided always and be it Enacted That no Person or Persons shall be Sued Impleaded Prosecution for Offences within what time to be made Molested or Troubled for any OFFENCE against this ACT unless the Party Offending be Sued or Impleaded for the same within two years at the most after such time wherein the Offence shall be Committed in case the Party grieved shall not be then in Prison and if he shall be in Prison then within the space of two years after the Decease of the Person Imprisoned or his or her Delivery out of Prison which shall first happen And to the Intent no person may avoid his Tryal at the Assizes or General Goal Delivery by procuring his removal before the Assizes at such time as he cannot be brought back to receive his Tryal there Be it Enacted That after the Assizes proclaimed for or within that County where the Prisoner is detained no person shall be removed from the Common Goal upon any Habeas Corpus granted in pursuance of this Act but upon any such Habeas Corpus shall be brought before the Justices of Assize in open Court who are thereupon to do what to Justice shall appertain Provided nevertheless that after the Assizes are ended any person or persons detained may have his or her Habeas Corpus according to the direction and intention of this Act. And be it also Enacted by the Authority aforesaid That if any Information Suit or Action shall be brought or exhibited against any person or persons for any Offence committed or to be committed against the form of this Law It shall be lawful for such Defendants to plead the general Issue That they are not Guilty or that they owe nothing and to give such special matter in Evidence to the Jury that shall try the same which matter being pleaded had been good and sufficient matter in Law to have discharged the said Defendant or Defendants against the said Information Suit or Action and the said matter shall be then as available to him or them to all Intents and purposes as if he or they had sufficiently pleaded set forth or alledged the said matter in Bar or Discharge of such Information Suit or Action AN ACT For the Revising of An Act for continuing of the Local Laws And one other Act for sending of Souldiers to the Relief of the Neighbouring Provinces and Colonies VVHereas at the Session of this Court in June last past An Act was made Entituled an Act For continuing the Local Laws to stand in Force till November the Tenth One Thousand Six Hundred Ninety and Two which Act is near Expired And Forasmuch as Provision in many Cases is not yet made BE it Enacted by the Governour Council and Representatives in General Court Assembled And by the Authority of the same That the Said Act and every part of it Be and hereby is revived and Continued in full Force to all intents and Purposes from and after the Said Tenth Day of November and shall so Continue until the General Assembly shall take further Order And Whereas at the aforesaid Session one Other Act was Made Entitutled an Act for Transporting of part of the Militia of the Province or Obliging them to March to the Relief of the Neighbouring Provinces or Colonies which Act is also near Expired And Forasmuch as in this time of War there may happen Frequent Occasions for relief to be given unto the Neighbouring Provinces It is therefore Further Enacted by the Authority aforesaid That the Said Act and every part of it be and hereby is revived and Continued in full Force to all intents and Purposes from and after the Expiration of the Six Months in Said Act Mentioned and shall so continue unto the First Day of the Sessions of this Court which shall be in May next and no longer FINIS