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A52926 Acts and laws, passed by the general Court or Assembly of His Majesties Province of New-Hampshire in New-England, begun and held at Portsmouth, on Monday the seventh day of August, 1699, anno regni Gulielmi Tertii, Angliae, Scotiae, Franciae, et Hiberniae Regis undecimo; Laws, etc. New Hampshire.; New Hampshire. General Assembly. 1699 (1699) Wing N645; ESTC R12151 10,157 9

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to time which said Courts shall have Cognizance of all Pleas and Causes as well Civil not under the value of Twenty Pounds except where Title of Land is concerned as Criminal as fully and amply to all intents and purposes whatsoever as the Courts of Kings Bench Common Pleas and Exchequer within His Majesties Kingdom of England have or ought to have and are hereby Impowred to give Judgment and award Execution therein and it shall be in the liberty of any Party Plaintiff or Defendant agrieved at any Judgment or Sentence given in the said Superiour Court to appeal therefrom unto the Governour and Council Appeal to the Governour and Council Provided the value appealed for exceed the Sum of One Hundred Pounds Sterling and that sufficient Security be given in manner as in and by this Act is before directed to prosecute the same and to pay such costs and damages as may be awarded in case the first Sentence shall be affirmed And it is hereby further Enacted and Ordained That in all Civil Causes to be commenced at the said Superiour Court of Judicature Appeal to His Majesty in Council where the matter in controversie exceeds the true value and Sum of Three Hundred Pounds Sterling it shall and may be in the liberty of the party agrieved to review the said Cause by a new Process out of the said Court once and no more and if either party shall not rest satisfied with the Judgment or Sentence of the said Superiour Court either upon the first Tryal or upon the Review such party may appeal therefrom unto His Majesty in Council Provided the matter in difference exceed the true value and Sum of Three Hundred Pounds Sterling and that such Appeals be made within fourteen days after Sentence given And that Security be likewise given by the Appellant to answer such Charges as shall be awarded in case the first Sentence shall be confirmed And be it further Enacted by the Authority aforesaid Writs to issue forth of the Clerks Office That all Writs and Processes for bringing any Actions or Suits to Tryal in any of the Courts aforesaid shall be Summons Capias or Attachment and shall Issue out of the Clerks Office of the same Court under the Seal thereof and Signed by the Clerk and shall be directed to the Sheriff Under-Sheriff or Deputy For Tryals before a Justice to be granted by such Justice and Executed fifteen dayes before the day of the Courts Sitting and to be returned to the Court from whence the same Issued Writs or Processes for Tryal before a Justice of the Peace to be granted by such Iustice directed unto a Constable or Constables and to be Executed seven days before the day appointed for such Tryal to be returned to the Justice Reasons of Appeal to be filed in the Clerks Office And be it further Enacted That every person appealing from any Judgment or Sentence given in any of the Courts aforesaid shall file a Declaration in the Clerks Office of the Court appealed from therein briefly assigning the Errors in such Judgment fifteen days at least before the day of the Sitting of the Court appealed unto And if the Appeal be made from a Sentence or Judgment given by a Justice of the Peace such Declaration shall be filed with the Justice by the like time Power of Chancery in several cases Be it further Enacted by the Authority aforesaid That as well the Justices of the Inferiour Court of Common Pleas as the Justices of the Superiour Court of Judicature respectively where the forfeiture or penalty of any Obligation with a Condition under-written or a penalty annexed to any Articles Agreement Covenants Contracts Charter party or other Specialty or Forfeiture of any Estate granted upon condition executed by Deed of Mortgage or Bargain and Sale with defeazance shall be found by Verdict of Jury or by default or confession of the Obligor Mortgager or Vender are hereby Impowred and Authorized to moderate the Rigor of the Law And on consideration of such Cases according to equity and good Conscience to Chancer such Forfeiture and to enter up Judgment for the just Debt and Damages and to award Execution accordingly only in real Actions upon Mortgage and Bargain and Sale with defeazance the Judgment to be conditional that the Mortgager or Vender and his Heirs Executors or Administrators do pay unto the Plaintiff such Sum as the Court doth determine Justices of the Courts to be Sworn before the Governour or Commander in Chief or such as he shall appoint to be justly due thereupon within two months time after Judgment entred up for discharging of such Mortgage or Sale and that the Plaintiff recover possession of the Estate Sued for and Execution to be awarded for the same and the Justices of the said several Courts as well Superiour as Inferiour respectively shall take the Oath following to be Administre● to each of them by the Governour or in his absence by the Commander in Chief for the time being or such as shall be by him thereto appointed That is to say Oath YOU Swear That well and truly you shall Serve our Soveraign Lord the KING and His People in the Office of a Justice of the _____ Court of _____ And that you will do equal Law and Execution of Right to all people poor and rich after the Law 's in force within this Province and Usage within the same and in such cases as the Law doth specially provide to be relieved in equity there to proceed according to equity and good Conscience without having regard to any person whatsoever So help you God Any Law Usage or Custom to the contrary in any wise notwithstanding Duties of Excise c. An Act for continuing several Rates and Duties of Custom Excise Impost and Powder Money on Tonnage of Shipping WHEREAS in and by one Act of General Assembly of this Province made and past in the Fourth Year of the Reign of KING William and Queen Mary Entituled An Act for defraying the Publick Charge of the Province there was given and granted unto Their said Majesties several Duties of Impost Excise and Tonnage of Shipping in the said Act particularly enumerated and set down Which said Duties have been and are continued by Acts since made until the fifth day of November next ensuing at which time they will expire unless revived by an Act of this Assembly Be it therefore Enacted by His Excellency the Earl of Bellomont Governour Council and Representatives Convened in General Assembly And it is hereby Enacted and Ordained vp the Authority of the same That from and after the fifth day of November next ensuing the several Rates and Duties set upon all Wines Liquors and Merchandizes that shall be Imported into this Province and all Duties of Tonnage and Excise in and by the said former Act of Impost and Excise Custom and Tonnage Money be and are hereby continued to be paid as in and by the said Act is directed for and during the space and time of one year That is to say until the fifth day of November which will be in the Year of our Lord One Thousand and Seven Hundred And the Money arising thereby to be applyed towards the Support of this His Majesties Government FINIS
in their several Precincts within this Province are hereby required and Impowred upon his or their knowledge or credible notice given that any Privateers Pirates or other persons suspected to be upon any unlawful design are in any place within their respective Precincts to raise and levy such a number of well Armed men as he and they shall think needful for the seizing apprehending and carrying to Goal all and every such person and persons and in case of any resistance or refusal to yield Obedience to His Majesties Authority it shall be lawful to kill or destroy such person or persons And all and every person and persons that shall oppose or resist by striking or firing upon any of the Commanded parties shall be deemed taken and adjudged as Felons and shall suffer the pains of Death And every such Officer that shall omit or neglect his duty herein shall forfeit Fifty Pounds Penalty for Officers neglect of duty currant Money of this Province for every such Offence to be recovered in any of His Majesties Courts of Record within this Province by Bill Plaint or Information wherein no essoign wager of Law or protection shall be allowed one Moiety thereof to be to our Soveraign Lord the King His Heirs and Successors for and towards the Support of the Government of this Province and the contingent Charges thereof and the other Moiety to the Informer And all and every person and persons that upon orders given him or them shall refuse to repair immediately with his or their Arms well fixed and Ammunition to such place or places as shall be appointed by the said Officer Penalty for non appearrance in Armes and not readily obey his Command in the premises shall be Imprisoned without Bail or Mainprize until the next General Sessions of the Peace within the same County and by the Justices of the same Court fined not exceeding Ten Pounds or be corporally punished not exceeding Ten Stripes at the discretion of the Justices For the better Encouragement to make diligent Enquiry after and Seizure of Pirates Goods Recompence for discovering seizing of Pirates Goods Be it further Enacted by the Authority aforsaid That whatsoever person or persons shall make discovery and seizure of any Goods or Treasure that shall be brought into this Province by any Pirate or Pirates or inform of or disclose the same so as that such Goods or Treasure be seized and secured to be answerable in the Law every such person or persons shall have and receive as a recompence for such Service one fifth part of the Goods and Treasure so seized and secured or of the value thereof within ten days next after Condemnation of said Goods or Treasure to be paid by order of the Justices of the Court where the Tryal shall be had and all the remainder of such Goods and Treasure to be secured by order of the Justices of such Court for the use and benefit of the true and right Owners thereof if any such appear by themselves Factors Agents or Attorneys How such Goods shall be secured within the time of eighteen months next after such Condemnation and shall make out their right thereunto all just and reasonable Charges being first deducted and paid thereout And if no Claimer or Claimers appear and make out their Right thereto within the said time of eighteen months then all the remainder of such Goods and Treasure the Charges as aforesaid being first deducted and paid thereout to be delivered into His Majesties Treasury within this Province there to be lodged until His Majesties Pleasure shall be signified how the same shall be disposed of Jurors An Act to return able and sufficient Jurors to Serve in the several Courts of Justice and to Regulate the Election of Represensentatives to Serve in the General Assembly within this Province BE it Enacted by His Excellency the Governour Council and Representatives Convened in General Assembly and by the Authority of the same That the Clerks of the several Courts of Justice within this Province fifteen days at least before the day limited by Law for holding such Courts from time to time Writ of Venire for Jurors to be issued 15 days before the Court shall make out a Writ of Venire Facias directed unto the Sheriff of the Province Commanding him in His Majesties Name to Impannel and return so many good and lawful men for Grand and Petit Jurors out of the several Towns within this Province in as near a proportion as may be according to the number of Inhabitants each person so returned to have an Estate of Freehold worth Forty Shillings Per Annum at the least Qualification of Jurors or Fifty Pounds Sterling in personal Estate And the Sheriff shall cause each person named in his Pannel to be duly Summoned and Warned to attend the Service of the Court where the same is returnable The Grand Jurors for the Quarter Sessions of the Peace to Serve one whole year from the time of their being Sworn and every person Impannelled and Summoned as aforesaid to Serve as a Juror at any of the said Courts who shall make default by not appearing or not attending the Service required of him Penalty on Jurors makeing default shall loose and forfeit the Sum of Forty Shillings unless such persons make a reasonable Excuse for the same to be approved and allowed by the Justices of the said Court the said Forfeiture to be unto the use of our Soveraign Lord the King for and towards the Support of the Governnient and for answering the incident charges thereof and to be Imposed and set by the Justices of the Court where the Venire is returnable And when it shall happen by reason of Challenge Tales de circumstantibus default in appearance or otherwise there shall not remain a sufficient number to make up a Petit Jury the Sheriff by Command of the Justices of the Court shall return so many persons de talibus Circumstantibus The Coroner to return Jurors serve Writs in case as shall be requisite to make up a full Jury And in case where the Sheriff shall be a party or related to either of the parties the Jury shall be Impannelled and returned by the Coroner who is also hereby Impowred to Serve Writs in cases where the Sheriff is concerned And be it further Enacted by the Authority aforesaid That no person Inhabiting within this Province Qualification of Representatives and Electors other than Freeholders of the value or income of Forty Shillings Per Annum or upwards in Land or worth Fifty Pounds Sterling at the least in personal Estate shall have any Vote in the Election of Representatives or be capable of being Elected to Serve in the General Assembly and the tryal of such Qualification as aforesaid shall be by the last Lists of Rates and Assessments which the Select men of each respective Town are hereby required to bring with them for that end
upon all dayes and times appointed for such Election And be it further Enacted by the Authority aforesaid That there be a suitable person Chosen in each Town after the same manner used for Choice of other Officers to be Town Clerk to Serve in the said Office until another be Chosen and Sworn in his stead Town Clerk to be chosen and sworn and every such Town Clerk shall have an Oath Administred unto him by a Justice of the Peace well and truly to Execute the said Office and Trust A Tax An Act for a Tax or Assessment of Five Hundred Pounds WE His Majesties Loyal and Dutiful Subjects the Representatives of His Majesties Province of New Hampshire Convened in General Assembly do chearfully and unanimously give and grant unto His Most Excellent Majesty the Sum of Five Hundred Pounds in Money humbly beseeching Your Majesty that the same may be applyed and appropriated unto the sole and proper use of His Excellency Richard Earl of Bellomont Your Majesties Governour in Chief of this Province In Testimony of our great regard and respect unto His Lordship under whose happy Conduct we assure our selves to enjoy great quiet and felicity And pray that it may be Enacted And be it Enacted accordingly by the Governour Council and Representatives Convened in General Assembly and by the Authority of the same That the said Sum of Five Hundred Pounds to and for the use aforesaid be Raised by a Tax or Assessment to be made and laid in manner as is hereafter expressed upon all persons and Estates both real and personal lying being and belonging to the several Towns and the Districts thereof within this Province according to each Towns proportion towards the same as followeth That is to say   l s d Portsmouth One Hundred Twelve Pounds Fifteen Shillings 112 15 00 Hampton One Hundred Forty and Eight Pounds Eighteen Shillings and Nine Pence 148 18 09 Dover One Hundred Pounds Eleven Shillings Three pence 100 11 03 Exeter Ninety One Pounds Ten Shillings 91 10 00 New Castle Forty Six Pounds Five Shillings 46 05 00 And that the Treasurer send out his Warrant to the Constables of the respective Towns Requiring them to Assemble the Inhabitants to make choice of two Assessors where they are not already Chosen for the year to joyn with the Select-men in making the Rate and Assessment according to this Act to whom the Treasurer shall also give Warrants pursuant thereto And the Rates and Assessments so made to be committed to the Constables of the respective Towns by the last of September next ensuing with Warrants from a Justice of the Peace And the Select men and Assessors to Collect the same and pay unto the Treasurer for the time being in Mony by the Twentyeth Day of December next following Courts of Iustice An Act for Establishing Courts of Publick Justice within this Province WHEREAS the orderly Regulation and Establishing of Courts of Justice as well in respect of time as place for the bolding of the same doth very much tend to the Honour and Dignity of the Crown and to the ease and benefit of the Subject Justices of the Peace Impowred to hear determine causes of 40 s. value or under where title of of Land is not concerned Be it therefore Enacted by His Excellency the Governour Council and Representatives Convened in General Assembly and by the Authority of the same That every Justice of the Peace in the same Town where he resides be and hereby is fully Authorized and Impowred to hear try and determine all Pleas and Actions of Debt and Trespass where Title of Land is not concerned arising or hapning within this Province to the value of Forty Shillings or unde● and to give ●udgment therein and to award Execution thereupon and either party agrieved at the Judgment or Sentence given by any such Justice in Civil Causes may appeal therefrom unto the next Inferiour Court of Common Pleas the party appealing giving Security before such Justice unto the Appellee in a reasonable Sum to prosecute his Appeal with effect Appeal and to answer and pay such Cost and Damages as shall be awarded against him in case the first Sentence be affirmed And for the better Conservation of the Peace and punishment of Offenders Be it further Enacted by the Authority aforesaid That there shall be Held and Kept by the Justices of the Peace within this Province or so many of them Court of Sessions of the Peace as shall be limited by the Commission of the Peace to make a Quorum Four Quarterly Courts or General Sessions of the Peace yearly at the Town of Portsmouth on the First Tuesdayes on the Months of March June September and December from time to time which said Court shall have Cognizance of all matters and things proper to the Jurisdiction of said Court relating to the Conservation of the Peace and punishment of Offenders according to the Laws and Statutes in force within this Province And the Sessions of the said Court shall hold and continue by the space of two dayes and no longer Inferiour Court of Common Pleas. And be it further Enacted by the Authority aforesaid That there shall be Held and Kept at Portsmouth aforesaid an Inferiour Court of Common Pleas by four Justices to be appointed and Commissionated thereto by the Governour or in his absence the Commander in Chief for the time being any three of whom to make a Quorum the said Court to be held and begin at the time and dayes following That is to say on Thursday next after the rising of the Court of the Quarter Sessions of the Peace from time to time which said Inferiour Court of Common Pleas shall have Cognizance of hear try and determine all Actions Matters and Causes tryable at the Common Law not exceeding the Sum or value of Twenty Pounds and where Title of Land is not concerned and give Judgment therein and award Execution accordingly Provided nevertheless That either party agrieved at any Judgment or Sentence given in the said Court may appeal therefrom unto the next Superiour Court of Judicature Appeal such Appellant giving sufficient Security in double the S●m or value recovered unto the Appellee before one or more of the Justices of the Inferiour Court to prosecute his Appeal with effect and to answer and pay such Costs and Damages as shall be awarded against him in case the first Sentence shall be affirmed Superiour Court of Judicature And further be it Enacted by the Authority aforesaid That there be held and kept at Portsmouth aforesaid and not elsewhere within this Province a Superiour Court of Judicature by one chief Justice and three other Justices to be appointed and Commissionated thereto by the Governour or in his absence the Commander in Chief for the time being any three of whom to make a Quorum on the Second Tuesday in August and on the Second Tuesday in February yearly from time