in Courts of Assistants or General Court the President c. in other Courts see Courts Folio 35. 6 Vsury No man to pay above 8. per Cent. forbearance for a Debt Bills of Exchange excepted Folio p. 153 Usury Contrary to the Law of God not allowed ibid. W Watching VVHen Constables Watches shall begin and end Folio 154. 1 Who are lyable to Watches ibid Watches power and duty ibid Persons exempt from Watching Folio 155. 2. Weights and Measures Country Standards to be provided by the Treasurer Folio 155. 1 A Sealer of Weights and Measures to be in every Town ibid By whom to be chosen ibid to be sworn his Office and power ibid Neglect of Select-men Constable or Sealer the penalty ibid No man compellable to receive Corn Wood or Boards but by a sworn measurer Folio 156. 2. Wharfage Where it may be taken Folio 156. 1 The Rates allowed for Wharfage ibid Wharfage may be taken out of the Goods in case ibid Penalty of casting an Anchor c. in Boston Cove Folio 157. 2 Penalty of throwing Dung c. into the said Cove ib. s. 3. Wills VVho may make VVills Alienations c. see Ability Folio p 1. Penalty of Executors not proving VVills in time or entring on or disposing Estates see VVills Folio 157. 1. VVho may take Probate of VVills and grant Administration Folio 158. 2. Witnesses VVitnesses and parties concerned to attend Courts Adjournment see Adjournments Folio p. 38. Testimony of Gamesters good against others in case see Gamesters Folio 58. 4. No man to be put to death without 2 or 3 witnesses see VVitness Folio 158. 1 the testimony of a person of 14 years of age may be taken out of Court in any Case Civil or Criminal ib. s. 2. In what case such testimony shall be good ibid Such testimonies how to be disposed of by them that tkke them ib. VVitnesses in Capital cases to be present VVitnesses summoned to any Court not bound to appear in case Folio 159. 3. VVhat allowance witnesses shall have ibid VVitnesses in Criminal cases how paid ibid Delinquents to pay all charges ibid VVolves Every person English or Indian killing a VVolf to be paid 10. s. by the Treasurer Folio 159. 1 Encouragement for Indians to kill wolves Folio 160. 2. Every person killing a wolf to have 20. s. of the County and 10. s. the Town where it was killd ib. s. 3. VVood. The quantity how to be reckoned by the Boats Folio p. 160 A Cord of VVood what ibid VVorkmen Artificers in Harvest time compellable by the Constable to work Folio p. 161. Penalty on neglect of Constable or VVorkmen ibid VVrecks of the Sea No violence to be offered to the person or goods of such as suffer Shipwrack Folio p. 161 Any VVhale cast up to belong to the Country ibid VVritts All VVritts and Processes to go forth in His Majesties Name Folio p. 161. FINIS 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 Vâ—rdict 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 Plainiff 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 Lawâ— 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 Where Bonds are forfeited the Case to proceed It is therefore Ordered 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 Execution to Issue out agianst Suretyes And if the Case be found for the Plaintiff that Judgement be granted against him and his 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 â—men and by degrees to trayn them up to an habit of excess It is
to withdraw his Action or to be non-suited before the Jury have given in their verdict in which case he shall alwayes pay full costs and charges to the defendant and may afterward reniew his Suit at another Court. 1641. 8. And it is Ordered that no man in any Suit or Action against another L 1. p. 16.49 shall falsely pretend great Damages or Debts to vex his Adversary and in all cases where it appears to the Court Vexatious Suits to pay treble damage and be fined 40. shill that the Plaintiffe hath willingly and wittingly done wrong to the Defendants in commencing and prosecuting any Action Suit Complaint or Inditement in his own name or in the name of others he shall pay treble damages to the party grieved and be fined Forty shillings to the common Treasury 1641.46 APPEAL IT is Ordered by this Court and the Authority thereof That it shall be in the liberty of every man cast Liberty to appeal condemned or Sentenced in any Inferiour Court to make his Appeal to the Court of Assistants as also to appeal from the sentence of one Magistrate or other persons deputed to hear and determine small causes unto the shire Court of each Jurisdiction where the cause was determined Provided they tender their Appeal before Execution and put in security before the Judges of the Court to prosecute it to effect and also to satisfie all damages before execution granted which shall not be till twelve hours after Judgement except by special order of the Court. In criminal cases to be bound to the good behaviour And if the cause be of a criminal nature then also to put in security for the good behaviour and appearance at the same time and if the point of appeal be in matter of Law then to be determined by the Bench if in matter of fact by the Bench and Jury And if in the Court of Assistants two of five three of seven Appeals to the General Court or such a proportion of the Magistrates then present shall actually dissent from the sentence of the Court in any Capitall offence it shall then be in the liberty of the party sentenced to appeal to the next General Court 2. It is further Ordered That all Appeals with the security as aforesaid shall be recorded at the charge of the party Appealing L. 2. p. 1. and certified unto the Court to which they are made And the party Appealing shall briefly in writing without reflecting on Court or Parties Appealant to give his reasons six dayes before by provoking Language under his own or his Atturnies hand give in to the Clerk of the Court from which he did Appeal the Grounds and Reasons of his Appeal six dayes before the beginning of the Court A. 51. p. 1. to which he did Appeal to which Court the said Clerk shall return the said writing and give copies thereof to the Defendant if he desire the same Not prosecuting an Appeal forfeit forty shill And whosoever shall Appeal from the Sentence of any Court and not prosecute the same to effect according to Law shall besides his Bond to the party forfeit to the Country the sum of Forty shillings for every such neglect 3. And for a more clear and equal hearing and determining all Cases of Appeal A. 43. p. 19. It is Ordered That no person that hath sate as Judge or voted in any inferiour Court in that case he is Appealed from shall have any vote in the Superiour Court Appealed to No Judge Appealed from may judge the action of Appeal but the case shall be determined by such as are no wayes engaged in the same by Judging or Voting formerly Provided there be more Magistrates Appealed to then those that sate in the Court Appealed from A. 54. p. 2. And in all cases of Appeal the Court Appealed to shall Judge the case Errour may be rectified with reversing the former judgement according to former Evidence and no other rectifying what is amiss therein and where the matter of fact is found to agree with the former Court and the Judgement according to Law not to revoke the Sentence or Judgement but to abate or increase damages as shall be judged right any use or custome to the contrary notwithstanding 1642. 47. 49. 50. 53. 54. ON a motion of the Deputies of Dover and Portsmouth in behalf of most of the Freeman there Appeal from the Associate Court in Dover and Portsmouth tryable That whereas they have power in their Associate Courts to try any Case under Twenty pounds and finding no Law where they may Appeal but to the Court of Assistants the Actions being many times very small and is great charge to come to Boston for every small Case it is their desire that the Court would grant them an Order that any person cost or condemned may Appeal to the County Court held in Dover or Portsmouth and that some persons may haâ—e Magistratical Power in that County as formerly The Court judgeth it meet to grant their request And it is Ordered that henceforth it shall be in the liberty of Plaintiffe and Defendant in all Cases tryable before the Court of Associates in Portsmouth and Dover to Appeal to their next County Court in Dover or Portsmouth as in other cases any custome or usage to the contrary notwithstanding 1670. Appearance Non-appearance Immunity from punishment in case of inevitable obstruction IT is Ordered by this Court and the Authority thereof That no man shall be punished for not appearing at or before any Civil Assembly Court Council Magistrate or Officer nor for the omission of any Office or Service if he shall be necessarily hindred by any apparent Act or Providence of God which he could neither foresee nor avoid Provided that this Law shall not prejudice any person of his just cost and damage in civil action 1641. APPAREL ALthough several Declarations and Orders have been made by this Court against excess in Apparel both of Men and Women A. 51. p. 5. which have not taken that effect as were to be desired but on the contrary we cannot but to our grief take notice that intollerable excess and bravery hath crept in upon us and especially amongst people of mean condition to the dishonour of God the scandall of our profession the consumption of Estates Excess in Apparel proâ—ibiâ—â—â—â— and altogether unsuitable to our poverty and although we acknowledge it to be a matter of much difficulty in regard of the blindness of mens minds and the stubborness of their wills to set down exact Rules to confine all sorts of persons yet we cannot but account it our duty to commend unto all sorts of persons the sober and moderate use of those blessings which beyond expectation the Lord hath been pleased to afford unto us in this wilderness and also to declare our utter detestation and dislike that men or women of mean condition
him Forreign Plaintiffs to put in security 1. And it is further Ordered that in all Attachments of Goods and Chattels or of Lands and Hereditaments legal notice shall be given to the party or left in writing at his house or place of usual abode otherwise the suit shall not proceed notwithstanding if he be out of this Jurisdiction the cause shall then proceed to tryal Execution respited but Judgement shall not be entred before the next Court and if the Defendant do not then appear Judgement shall be entred but Execution shall not be granted before the Plaintiff hath given security to be responsal to the Defendant if he shall reverse the Judgement within one year or such further time as the Court shall limit 2. And it is hereby Declared that no Summons Pleading Judgement L. 1. p. 49. or any kinde of proceeding in Courts or course of justice shall be abated arrested or reversed upon any kinde of circumstantial errours or mistakes Circumstantiall errours if the person and cause be rightly understood and intended by the Court. And in all Cases where the first Summons are not served six dayes inclusively before the Court and the Case briefly specified in the Warrant Summons to be served six dâ—yoâ— before the Court where appearance is to be made by the party Summoned it shall be at his liberty whether he will appear or not except all cases that are to be handled in Court suddenly called on extraordinary occasion 3. And whereas Suits at Law A. 51. p. 1 In whose name to take out precess many times such as do prosecute the same in their own name in procuring the process intend and do declare in the name and on the behalf of others viz. as Executors Administrators Assignes Atturnies Guardians Agents or the like which is not only improper but tendeth also to uncertainty for prevention whereof It is Ordered That henceforth the Original process whether Summons or Attachments shall express in whose name the Plaintiff sueth whether in his own name or as Executor of the last Will and Testament of such a man or Administrator of the Goods and Chattels of such a man or Assigne Atturney Guardian or Agent of such a man or the like or otherwayes if exception be taken before the parties joyn issue it shall be good and the Plaintiff shall be liable to pay cost 1641. 44. 47. 51. Marshalls may serve Attachments VVHereas it hath been commonly practised that Attachments have been directed to the Marshall to be served in any Town under the Jurisdiction of that Court whereof the Marshall is Officer notwithstanding the Law doth Order that all Attachments shall be directed to the Constable in such Towns where no Marshall dwells Marshalls may serve Attachments It is hereby Ordered and Declared That the said Custome shall be accounted legal and shall not abate the Proceeding or Tryal of any Cause Provided no more Costs be charged on the Defendant then by Law are due to Constables for serving Attachments 1662 BAKERS IT is Ordered by this Court and Authority thereof That henceforth every Baker shall have a distinct mark for his Bread and keep the true Assizes as hereafter is expressed viz. when Wheat is ordinarily sold for money at these several Rates hereafter mentioned the penny white loaf by averdupois weight when Wheat is by the bushel at 3 s. 0 d. the white 11 ounces 1 qr wheat 17 ounces 1 qr houshold 23 ounc 0. at 3 6 10 1 15 1 20 2. Weight of Bread at 4 0 09 1 14 0 18 2. at 4 6 08 1 11 3 16 2. at 5 0 07 3 11 2 15 2. at 5 6 07 0 10 2 14 0. at 6 0 06 2 10 0 13 0. at 6 6 06 0 09 2 12 2. And so proportionably under the penalty of forfeiting all such Bread as shall not be of the several Assizes aforementioned to the use of the poor of the Town where the offence is committed and otherwise as is hereafter expressed and for the better execution of this present Order there shall be in every Market Town Clerk of the Market and all other Towns needfull one or two able persons annually chosen by each Town who shall be sworn at the next County Court or by the next Magistrate unto the faithful discharge of his or their Office who are hereby Authorized to enter into all houses either with a Constable or without Their power where they shall suspect or be informed of any Bread baked for sale and also to weigh the said Bread as oft as they see cause and seize all such as they finde defective As also to weigh all Butter made up for sale and brought unto or being in the Town or Market to be sold by weight which if found light after notice once given shâ—ll be forfeited in like manner The like penalty shall be for not marking all Bread made for sale A. 52. p. 8. And the said Officer shall have one third part of all forfeitures for his pains the rest to the poor as aforesaid 1646. 2. Whereas it appears to this Court that there is much deceit used by some Bakers and others who when the Clerk of the Market cometh to weigh their Bread pretend they have none but for their own use and yet afterward put their Bread to sale which upon tryal hath been found too light for prevention of such abuses for time to come It is Ordered that all persons within this Jurisdiction who shall usually sell Bread within doors or without shall at all times hereafter To prevent deceit in Bakers have all their Bread that they either put to sale or spend in their families made of the due Assizes marked and yielded to tryal of the said Clerk as is directed in the Order aforesaid under the penalty therein exprest 1652. BALLAST IT is Ordered by this Court and the Authority thereof That no Ballast shall be taken from any Town shore by any person whatsoever Ballast not to be taken without leave without allowance under the hands of the Select men upon the penalty of six pence for every shovel full so taken unless such stones as they had laid there before It is also Ordered That no Ship nor other Vessel shall cast out any Ballast in the Channel or other place inconvenient in any Harbour within this Jurisdiction upon the penalty of ten pounds nor cast into the Channel 1646. BARRATRY IT is Ordered and Decreed and by this Court Declared That if any man be proved and judged a common Barrater vexing others with unjust Barratry frequent and endless suits it shall be in the power of the Court both to reject his Cause and to punish him for his Barratry 1641. BENEVOLENCE IT is Ordered That this Court hereafter will grant no Benevolence except in forreign occasions and when there is Money in the Treasury sufficient and our debts first satisfied 1641. It is Ordered by this
Cattle or otherwise voluntarily Trespass upon his neighbours ground and if the party damnified finde the Cattle damage feizant he may impound or otherwise dispose of them 1642 FENCE VVHereas the Laws published concerning Fences and Cattle being in the second Edition transported from their first order and method much difficulty doth many times arise concerning the true meaning thereof whereby great damages do accrew to many of the Inhabitants and consequently to the Country For prevention whereof This Court doth Order and Enact That where any Cattle shall Trespass on any propriety Fence to secure Corn Fields not appearing to be sufficiently Fenced against Swine sufficiently yoaked and ringed or Cowes and such Cattle as will be restrained by a sufficient Fence in the judgement of the viewers of the Fences as Pag. 11. Sect. 6. in all such cases the Owners of the Fence or of the Land shall bear all such damages as to them thereby sustained any thing in the said Order or any other Law Custome or Usage to the contrary notwithstanding 1662 Causes Small Causes One Magistrate may end causes under 40. s. FOR easing the Charge and Incumbrance of Courts by small Causes It is Ordered by this Court and Authority thereof That any Magistrate in the Town where he dwells may hear and determine by his discretion not by Jury according to the Laws here established all causes arising in that County wherein the Debt Trespass or Damage doth not exceed Forty shillings who may send for parties and witnesses by Summons or Attachment directed to the Marshall or Constable who shall faithfully execute the same Three Commissioners in Towns to end small causes And it is further Ordered that in such Towns where no Magistrate dwells the Court of Assistants or County Court may from time to time upon request of the said Towns signified under the hand of the Constable appoint three of the Freemen as Commissioners in such cases any two whereof shall have like power to hear and determine all such causes wherein either party is an Inhabitant of that Town who have hereby power to send for Parties and Witnesses by Summons or Attachment directed to the Constable as also to Administer Oaths to Witnesses and to give time to the Defendant to Answer if they see cause and if the Party Summoned refuse to give in his Bond or Appearance or sentenced refuse to give satisfaction where no goods appear in the same Town where the Party dwells they may charge the Constable with the party to carry him before a Magistrate or Shire Court if then sitting to be further proceeded with according to Law L. 1. p. 46. but the said Commissioners may not commit to Prison in any case And where the Parties live in several Towns the Defendant shall be liable to be sued in either Town at the liberty of the Plaintiffe 2. And forasmuch as the Magistrates are under an Oath of God for dispensing equal justice according to Law It is Ordered by the Authority aforesaid that all Associates for County Courts when and where there shall be any and all such Commissioners Authorized as aforesaid Associates and Commissioners to be sworn shall be sworn before each County Court or some Magistrate in that County unto the faithful discharge of the trust and power committed to them And it is further Ordered That in all small Causes as aforesaid where only one Magistrate dwells in the Town and the Cause concerns himself as also in such Towns where no Magistrate is and the Cause concerns any of the three Commissioners that in such cases the Select men of the Town shall have power to hear and determine the same Select men to try Causes and also to graunt execution for the levying and gathering up such damages for the use of the person damnified as one Magistrate or three Commissioners may do And no Debt or Action proper to the Cognizance of one Magistrate or the three Commissioners as aforesaid L. 1. p. 4. shall be received into any County Court but by Appeal from such Magistrate or Commissioners County Court to reject all Actions under 40. s. except in cases of Defamation and Battery 1647. 49. 3. Whereas by reason of the concourse of People and increase of trade in the Town of Boston Suits at Law are grown more frequent A. 51. p. 6. where the County Courts are much prolonged and forasmuch as many crimes are also committed in the said Town by strangers and others which often escape unpunished For the prevention whereof Commissioners of Boston It is Ordered by this Court and the Authority thereof that there be seven Freemen resident in Boston annually chosen by the Freemen of the said Town and presented to the Court of Assistants who hereby have power to Authorize the said seven Freemen to be Commissioners of the said Town to act in things committed to their trust Chosen as is hereafter expressed who shall from time to time be sworn before the said Court Sworn or the Governour Deputy Governour or any two Magistrates And this Court doth hereby give and graunt Commission and Authority unto the said seven men or any five of them or any three of them with one Magistrate to hear and determine all Civil Actions which shall be brought before them not exceeding the sum of Ten Pounds Power in civil Cases to ten pounds arising within the neck of Land on which the Town is Scituate as also on Noddles Island or betwixt any persons where both parties shall be Inhabitants or Residents within the said Neck or Noddles Island aforesaid or where either party shall be an Inhabitant or Resident aforesaid Provided they keep a Book of Records for the entry of all Causes Evidences Testimonies Sentences and Judgements as the Law provides in like Cases which said Commissioners are Authorized annually to appoint a Clerk of their Court and to demand and receive of every Plaintiffe in all Cases or Actions not exceeding Forty shillings the sum of three shillings four pence and for all other Actions the sum of ten shillings and for all other things the accustomed fees and the said Commissioners shall from time to time publish their Court dayes as the three Commissioners in Towns are bound to And for the discovery prevention and punishment of Misdemeanours in the Town of Boston In Criminal Cases Power and Authority is hereby given and granted to the said Commissioners and every of them by Warrant under their or his hand to convent before them or any of them all such persons as shall be complained of for such offences or otherwise brought to their cognizance and to hear and determine the same according to the Laws here established as any Magistrate may do Provided the fines imposed by them do not exceed forty shillings for one offence And that the said Commissioners may the better and more diligently endeavour the suppressing of sin and misdemeanours and the breach
Folio P 41 S 5 To receive fees for entry of Petitions See Petitions Folio P 121 To give accompt of Petitions entred to the Deputies which shall be allowed as part of his Sallary ibid Of Courts To return Reasons of Appeal to the Court of Assistants See Appeal Folio p 4 s 2 To sign Warrant for Executions in cases civil or criminal see condemned Folio p 30 s 2 To enter all Graunts Sales c. see Conveyances Folio p 33 s 5 To signifie to Country or County Treasurer within 14 dayes what fines are imposed on any See Courts Folio p 51 To send Warrants to Towns to chuse Jurors see Iurors Folio p 80 s 1 To grant Execution for what is unpaid on a former Execution see Marshall Folio S 2 To certifie County Court the neglect of Clerk of Writts see Records Folio p 130 s 2 To Record Straies lost goods and return to the Country Treasurer see straies Folio p 142 s 2 To send the Order about Children to Constables see Townships Folio p 149 s 7 To keep a Book of Accompt of Entry of Actions on penalty see Treasurers Folio p 151 s 4 To enform Coun. Co. of any renouncing Excecutorship c on penalty see Wills Folio p 158 s 1 To enform County Courts of any Will proved or Administration granted Folio S 2 Of Trained Bands May take Fines by Distress by order of the Major chief Officers see Military Folio p 107 s 2 To provide Arms Folio P 109 s 8 To take the Oath belonging to his Office to pay a penalty on refusal Folio s 10 His duty see Military Folio P 109 110 s 10 Of Troops To take the Oath belonging to his Office Folio P 113 s 16 To Leavy fines his fees ibid When to make Distress ibid To Leavy fines for not Watching Folio p 114 s 18 Of Markets To take the Oath of his Office Folio p 8 s 1 His Duty ibid Colledge To be managed by Feoffees Folio P 29 s 1 The major part of Feoffes may make Orders ibid Dispose of Gifts and Revenues ibid The whole number may Repeal and Alter Orders ibid May distribute the Countries allowance to President and Fellows ibid Commissioners Of Vnited Colonies Their Power see Presidents Folio P 163 Of Shires their duty By whom appointed see Elections Folio P 47 s 3 To carry the Votes for Nomination of Magistrates to be opened at Boston ibid. The time when and before whom to be opened ibid To make return to the several Constables under their hands of the persons to be nominated for Magistrates ibid Commissioner for Suffolk to appoint the place for opening the votes ibid Commissioners of Towns In every Town to receive carry the votes for Nomination of Magistrates and County Treasurers to the Shire meeting when and how to proceed see Elections Folio P 47 s 3 To chuse one out of themselves to carry the Votes of the Shire to Boston ibid For making Rates To joyn with the Select men in making Rates and by whom to be chosen Folio p 23 s 3 To meet at the shire Town the first fourth day in September with their Assessments to be examined and corrected Folio p 24 ibid To return to the Treasurer under their hands what is to be leavied on every Town on penalty ibid p 24 To prize Corn for Rates The Commissioners of Essex Suffolk and Middlesex where the General Court doth not to Prize Corn ibid Commissioners of Boston To be annually chosen see causes Folio p 21 s 3 The number to be chosen ibid To be approved by the Court of Assistants and sworn by them or Governour or Deputy Governour ibid To try Causes to ten pounds the extent of their power their Court stated to publish their Court dayes ibid To impose fines to 40. s. Folio p 22 s 3 May by Warrant summon any offenders to appear and may punish as one Magist ibid To have a Commission under the Secretaries hand ibid To fine persons for galloping in the Town See Galloping Folio p 57 May fine any not brewing Beer according to Law See Inkeepers Folio p 80 s 2 to have Magistratical power se Presid Folio p 166 Commiss to try small Causes in Towns To be chosen by Court of Assistants or County Court see Causes Folio p 20. s. 1. their power ibid to take an Oath see Presidents Folio p 166 May punish breach of the Peace see breach of the peace Folio p 11 s 1 May punish unruly Children see Childr Folio 27.2 May punish any entertaining such Childr Folio s 3 Every Commissioner on Oath May dispose of Cards and Dice brought in involuntarily see Gaming Folio p 58 s 4 May punish Gamesters by fine or corporal punishment ibid May punish or fine a drunken Indian see Indians Folio s 11 May punish any that are drunk see Inkeepers Folio p 81 s 5 May punish wanton rude singing in publick houses Folio s 17 May punish any found in publick houses after prohibition of Select men Folio s 19 To keep Records of Judgements given against any person see Records Folio p 129 s 1 May punish prophaners of the Sabbath see Sabbath Folio p 132 s 1 May punish any drinking in Ordinaries after Sun set Folio s 2 May punish any neglecting to watch see Watches Folio p 154 s 1 May take the testimony of any of 14 years of age see Witnesses Folio p 158 s 2 A Commissioners Court May punish any Retailer of strong-waters or private house-keeper for permitting any to tipple See Inkeepers Folio p 81. s 7. p 82 s 8 No Commissioner may give counsel in case See Counsel Folio p 34 None to be allowed Commissioner in any Town but such as are approved see Causes Folio p 22 s 4 Commissioners of Indians Authorized may issue Cases among themâ—â—â—â—â—â—â—â—e Magistrate and to have Officers to execute Commands and Warrants See Indians Folio p 77 s 9 With one Magistrate have the power of a Country Court ibid Condemned No person to suffer within 6 dayes after judgement but in special cases Folio p 30 s 1 Not to be unburied 12 hours except for Anatomy ibid Constable his Office Duty By Warrant to impress Workmen See Bridges Folio p 12 s 1 To leavy fines granted by a Magistrate to 40 s See Burglary Folio p 13 s 2 To return to County Courts what fines received ibid By warrant to search for stollen goods and apprehend any suspitious person Folio s 3 To present the Gager to take Oath within a moneth on penalty See Caâ—k Folio p 16 s 1 To leavy fines by warrant from Select-men See Cattle Folio p 19 s 6 To serve Warrants or Attachments tryable before a Magistrate See Causes Folio p 20 s 1 To obey the Warrants of three Commissioners in Towns ibid To obey and assist the Commissioners of Boston Folio s 3 To warn Freemen to chuse a Commissioner in making Rates see Charges Publick Folio p 23 s 3 To collect Country Rates and pay