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A50071 Several acts and laws passed by the great and general court or assembly of Their Majesties province of Massachusetts-Bay in New England. Convened and held at Boston, the eighth day of June. 1692. Anno Regni Gulielmi, et Mariæ, Regis et Reginæ Angliæ, Scotiæ, Franciæ, et Hiberniæ, quarto; Public General Acts. 1692. Massachusetts. Council. 1692 (1692) Wing M1016; ESTC R217665 12,111 19

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and Vessels Trading to this place from Abroad excepting Connecticut Rhode-Island Narraganset and New-Hampshire viz. Two Shillings Entring and Two Shilling Clearing 00 4 00 Examining and Recording Certificates that Bonds are given acording to the Act of Navigation Two Shillings 00 2 00 A Bond given according to the Act of Navigation and for the Copying of the same to be Transmitted for England Three Shillings 00 3 00 A Certificate of the Lading Two Shillings 00 2 00 For Entring and Clearing all Vessels Trading to and from Connecticut Rhode-Island Narraganset and New-Hampshioe Five Shillings per Year or Twelve-pence each Voy age at the Masters Choice 00 1 00 A Certificate for Vessels Lading of Goods carried in them from Port to Port within the Province One Shilling 00 1 00 A Certificate for Goods of the Growth of Europe carried out of the Province to other Plantations Two Shillings 00 2 00 For every Oath Administred Six-pence 00 00 6 And the said Naval Officer is hereby Impowred to Administer the Oaths required by said Act of Parliament Province of the Massachusets-Bay An Act For Making the Former Bills of Credit to Pass Currant in Future Payments WHereas Their Majesties Affairs within this Province do require a speedy advance for the Defence of the Province and the Prosecution of the War against Their French and Indian Enemies and there being no Stock at present in the Treasury to supply the same or to defray other the Necessary Charges for Support of the Government Be it therefore Ordained and Enacted By the Governour Council and Representatives Convened in General Assembly And it is Enacted by the Authority of the same That all Bills of Public Credit issued forth by Order of the General Court of the late Colony of the Massachusets-Bay shall pass Currant within this Province in all Payments Equivalent to Money for the sum in each Bill respectively mentioned excepting all Specialties and Contracts made before Publication hereof and in all Publick payments at Five Per Cent advance And for Encouragement to such Person or Persons as are Possessors of said Bills to lend them for the Service of the Publick It is further Enacted by the Authority aforesaid That they and every of them who shall so do be secured by the Publick Taxes and other Revenues arising within this Province already Granted and shall be reimburst and paid in money within the space of Twelve Moneths out of the said Taxes and Revenues such sum and summs as he or they shall Respectively so lend and deliver unto the Treasurer of this Their Majesties Province in Bills as aforesaid to be made to appear by Receipt Provided that such of said Bills and no other as shall be Indorsed by Capt. Jeremiah Dummer and Mr. Francis Burroughs shall be accounted Currant Excepting for payment of those Rates that were Granted before the Arrival of His Excellency the Govenour And the said Capt. Jeremiah Dummer and Mr. Francis Burroughs are hereby appointed to Receive in all Bills which any Person or Persons shall lend as aforesaid and deliver the same to the Treasurer Provided also that all Persons who shall lend their Bills as aforesaid shall have Credit for all Summs which they shall have to pay in all publick payments whatsoever being Bona Fide for their own account to be allowed them by discount upon a Note from the Treasurer Province of the Massachusets-Bay 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 FOrasmuch as in this time of War there may be Occasion for the Raising of Souldiers and Transporting or Marching of them out of the Limits of this Province into the Neighbouring Provinces and Colonies of New Hampshire Rhode Island Connecticut Narragansett or New York for the prosecution of the French or Indian Enemy and the Defence of Their Majesties Subjects and Intrests Be it Enacted and Ordained by the Governour Council and Representatives Convened in General Court And it is Enacted By the Authority of the same That in the Vacancy of the General Assembly it shall be in the Liberty of His Excellency the present Governour by and with the advice and consent of the Council to Raise and Transport such part of the Militia of this Province as they shall find needful or Oblige them to March into any of the before-named Provinces or Colonies for the ends aforesaid at any Time or Times within the Space of Six months next and at no time afterward without their Free and Voluntary consent or the consent of the Great and General Court or Assembly any thing in this present Act contained to the contrary thereof in any wise notwithstanding Province of the Massachusetts-Bay An Act For the Holding of Courts of Justice FOrasmuch as the orderly Regulation and Well-Establishment of Courts of Justice is of great Concernment And the Publick Occasions with reference to the War and otherwise being so Pressing at this Season that this Court cannot now conveniently Sit longer to Advise upon and fully Settle the same But to the Intent that Justice be not Obstructed or Delayed Be it Ordained and Enacted by the Governour Council and Representatives Convened in General Assembly and it is Ordained by the Authority of the same That on or before the last Tuesday of July next there be a General Sessions of the Peace Held and Kept in each Respective County within this Province by the Justices of the same County or three of them at the least the first Justice of the Quorum then present to Preside who are hereby Impowred to Hear and Determine all Matters Relating to the Conservation of the Peace and whatsoever is by them Cognizable according to Law And to Grant Licenses to such Persons within the same County being first approved of by the Select-Men of each Town where such Persons Dwell whom they shall think fit to be Employed as Inholders or Retailers of Wines or strong Liquors And that a Sessions of the Peace be successively Held and Kept as aforesaid within the several Counties at the same times and places as the County Courts or Inferior Courts of Common Pleas are herein after appointed to be Kept And it is further Enacted by the Authority aforesaid That the County Courts or Inferior Courts of Common-Pleas be Held and Kept in each Respective County by the Justices of the same County or three of them at the least the first Justice of the Quorum then present to Preside at the same times and Places they have been formerly Kept according to Law for the Hearing and Determining of all Civil Actions arising or happening within the same Triable at the Common Law according to former Usage The Justices for Holding and Keeping of the said Court within the County of Suffolk to be particularly appointed and Commissioned by the Governour with the Advice and Consent of the Council And that all Writts or Attachments shall Issue out of the Clerks Office of the said several Courts Signed by the Clerk of such Court directed unto the Sheriff of the County his Under-Sheriff or Deputy The Jurors to Serve at said Courts to be Chosen according to former Custome by and of the Freeholders and other Inhabitants qualified as is directed in Their Majesties Royal Charter This Act to Continue untill other provision be made by the GENERAL COURT or ASSEMBLY FINIS
Importing any Wines or other Liquors into this Province shall be allowed Twelve per Cent for Leakage Provided said Wines have not been filled up Aboard And that every Hogshead of Wine or other Liquors that shall not have full seven Inches left therein and every Butt or Pipe of Wine or other Liquors that hath not nine Inche left therein shall be accomred for Ou ts and the Merchant or Importer to pay no Impost or Duty for the same And it is hereby further Enacted and Declared by the Authority aforesaid That if all or any Wines or Liquors as aforesaid be Landed and afterwards be Exported out of the Province within Nine Months after Importation thereof there shall be Repayed or Discounted by said Commissioners or their Order unto the Importers or their Assigns two third parts of what they Paid or Secured to be paid for so much as they Export he or they making Oath That it is the same Wines or Liquors for which the whole Duty had been duly paid or secured to be paid And that it s Exported within the time limited as aforesaid by this Act. And it is also Enacted by the Authority aforesaid That for all Goods Wares and Merchandizes that shall be Imported to any part of this Province after the twenty ninth day of this Instant June Sale Cotton-Wool Provisions and every other thing of the growth and product of New-England only Excepted there shall be paid by the Importer the several Imposts and Duties following That is to say For every Hundred Pound Sterling in English Merchandizes at the prime cost in England the Invoices thereof to be produced and shown the sum of Ten Shillings For every Hogshead of Sugar one shilling For every Hogshead of Molasses six-pence For every Hogshead of Tobacco six-pence For every Ton of Logg-wood one shilling And for all other Commodities Goods Wares and Merchandizes except as before excepted One Penny for every Twenty Shillings value here All Entries where the Impost or Duty to be paid doth not exceed Four Shillings to be made without Charge to the Importer And not more than six-pence to be paid for any other single Entry to what value soever And the better to prevent Fraud It is further Enacted By the Authority aforesaid That all Merchants Factors or other Person or Persons Importers being Owners of or having any of the Wines Liquors Goods Wares and Merchandizes Consigned to them that by this Act are liable to pay Impost or Duty Such Person or Persons shall by themselves or order cause the same to be Entred with said Commissioners or such as they shall appoint and pay their Duty or secure the same to be paid as by this ACT is provided before such Wines Liquors Goods or Merchandize be Landed or Put into any Boat or Vessel in order to be Landed on the Forfeiture of such Wines Liquors Goods Wares and Merchandize so Landed or Put into any Boat or Vessel in order to be Landed One third part to Their Majesties one third part to the Governour one third part to the Informer that shall Sue for the same by Bill Plaint or Information in any Court of Record within this Province Any thing in this Act or any other to the contrary notwithstanding And all manner of Persons are hereby required to be aiding and assisting the said Commissioners their Agents the Informer Discoverer or Seizor of such Wines Liquors or Goods so Landed or Unloaden contrary to the true Intent and Meaning of this Act. And it is further Enacted That it shall and may be lawful for such as are Impowred or Improved by the Commissioners or for the Informer or Discoverer by Warrant from the Lievtenant Governour or any Justice of the Peace within this Province to that purpose first obtained with one Constable or more to Search according to Law all manner of Houses Cellars Ware-houses for such Wines Liquors as they or any of them shall be informed were carried there to be Concealed in prejudice to the true meaning of this Act and with Intent to defraud Their Majesties of their said Duties And such Wines and Liquors so found shall be forfeited and condemned in manner and form before mentioned Always provided that such Search be made in the day time and within the space of one month after the Offence supposed to be committed Provided also That if the Information whereupon any House shall come to be Searched shall prove to be false That then and in such case the Party injured shall recover his full Damages and Costs against the Informer by Action of Trespass to be therefore brought against such Informer And it is further Enacted and Ordained By the Authority aforesaid That there shall be given and granted and paid unto Their Majesties their Heirs and Successors for the Uses aforesaid An Excise upon all Wines Brandy Rhum and other Distilled Liquors Perry Beer Ale Cyder and Methiglin that shall be Sold by Retail in any Town or Place within this Province by those that shall Retail the same in manner and form as is herereafter Expressed and Declared That is to say For every Gallon of common Fyal-wine the Sum of Six-pence Every Gallon of Passado Malago Canary and Sherry the sum of Twelve-pence Every Gallon of Madera the sum of Eight-pence Every gallon of Rhum and all other sorts of Distilled Spirits the sum of One Shilling Every Barril of Perry Beer Ale and Cyder the sum of One Shilling and six-pence And every gallon of Metheglin the sum of Four-pence All Currant Money of this Province and after that Rate for any greater or lesser Quantities And for the due and orderly Collecting and Receiving of the Excise aforesaid It is hereby further Enacted and Declared by the Authority aforesaid That all Retailers of Wine Brandy Rhum and other Distilled Liquors Perry Beer Ale Cyder and Metheglin within this Province having any of the said Liquors in their Respective Houses or else-where belonging unto them at the time of the Publishing of this Act shall make due Entry and pay the Duties and Excise aforesaid for the same as is herein before-mentioned And upon their further Receipt or Purchase of all or any of the Liquors before-mentioned shall within twenty four Hours after the Receipt or Purchase thereof make Entry with the said Commissioners or such Person or Persons that shall be appointed to Receive and Collect the same and pay the Duties and Excise aforesaid under the penalty of Forfeiture of all such Liquors as shall be found in any Retailers House not being duely Entred and the Excise paid as aforesaid and every Retailer who shall make his own Cyder and Metheglin Brew his own Beer or Ale or Distill strong Liquors shall from time to time and at all times when he or they shall make brew or distill the same make Entry with said Commissioners or such other Person or Persons as for that purpose shall be appointed of all such Cyder Metheglin Ale Beer or Distilled Liquors by them
made brewed or distilled and pay the Excise as aforesaid under the like penalty and forfeiture of all such Liquors as shall be found in any Retailers House not Entred and the Excise thereof not paid in manner before Expressed and to that end it shall and may be lawful to and for such Officer or Officers as by the Commissioners shall be Appointed and Impowred when and so often as he or they shall think fit in the day time to Enter into any Retailers House Cellar or Ware-house to Search for such Wines or Liquors c. as are not duely Entred nor the Excise paid for the same and such Wines or Liquors c. so found to Seiz and Secure in order to the Tryal Conviction thereof to gage any Cask or Casks for that end purpose Provided always That it shall and may be lawful to and for the Commissioners to agree with any Retailer for his Excise for one whole year in one intire Sum to be paid quarterly as they in their discretion shall think fit to agree for without making any Entry as aforesaid And it is further Enacted by the Authority aforesaid That no Person or Persons on any pretence or colour whatsoever for the future shall or may take in receive harbour entertain keep or conceal in his or their Dwelling-Houses Cellars or Ware-houses any quantity or Parcel of Wines or other Liquors belonging to any Licensed Person or Persons Retailer or Retailers under the penalty of forfeiture of Twenty Pounds for every such Quantity or Parcel of Wines or other Liquors so taken or received harboured entertained kept and concealed as aforesaid All which Penalties and Forfeitures one half to Their Majesties their Heirs and Successors for the Support of the Government the other Moity to the Informer that shall Sue for the same shall be recovered by Bill Plaint or Information in any Court of Record within this Province wherein no Essoyn Protection Wager of Law Non vult ulterius Projequi or Injunction shall be allow'd Any thing in this Act or any other to the contrary thereof in any wife notwithstanding And all manner of Persons are hereby Required to be aiding and assisting to the Officer or Officers as shall be appointed to Collect and Receive the Excise aforesaid in the due Execution of their Respective Offices And it is further Enacted by the Authority aforesaid That there be Commissioners nominated appointed and Commissioned by the Governour and Council to Receive all Entries and to transact and manage all and whatsoever doth relare unto this Act and the due observance thereof which Commissioners shall Appoint and Employ such and so many Officers under them as they shall find needful for that purpose the said Commissioners and all other Officers to be Employed under them before their Entring upon the Execution of their respective Offices shall be Sworn before the Governour or Lievtenant Governour or one or more Members of the Council or two Justices of the Peace to deal truly and faithfully in the Execution of the same which aforesaid Commissioners for their own Service and Labour in this Affair and the payment of all their Under Officers and Charges whatsoever shall be allowed one just sixth part of all such Moneys as shall be Collected and brought into the Publick Treasury by vertue of this Act the said Commissioners to account with the Treasurer for all their Collections And it is likewise further Enacted and Declared by the Authority aforesaid That every Ship or Vessel above Twelve Tons coming into any Port or Ports of this Province to Trade or Traffick the major part of the Owners whereof are not belonging to this Province shall every Voyage they make pay twelve pence per Tun or one pound of good and new Gunpowder for each Tun. Such Ship or Vessel is in Burthen to be imployed for the Supply of Their Majesties Castles and Forts within this Province to be received by the Treasurer or such other as in the several Ports or Places shall be appointed to receive the sanse And it is hereby Enacted and Declared by the Authority aforesaid That this present Act Entituled An Act For Impost Excise and Tonage of Shipping shall remain and continue in force for the term and space of one whole year and no longer Any thing herein before contained to the contrary thereof in any wise notwithstanding Province of the MASSACHVSETS-BAY An Act For the Erecting of a Naval-Office WHereas by Act of Parliament made in the Fifteenth Year of King Charles the Second Entituled An Act for the Encouragement of Trade It is Provided That no Ship or Vessel coming to any Land Island Plantation Colony or Territory or Place to His Majesty or Heirs and Successors belonging in America shall Lade or Unlade any Goods or Commodities whatsoever until the Master or Commander of such Ship or Vessel shall first have made known to the Governour of such Land Island Plantation Colony Territory or Place or such other Person or Officer as shall be by him thereunto Authorized and Appointed the Arrival of the said Ship or Vessel with her Name and the Name and Surname of her Master or Commander and have shewn to him that she is an English-built Ship or made good by producing Certificate that she is a Ship or Vessel free and Navigated with an English Master and three fourth parts of the Mariners English Men under the pain of the Loss of Ship or Vessel and Apparel Now for the due and more effectual observation of said Act of Parliament and that all undue Trading contrary to the said Act may be prevented in this Their Majesties Province of the Massachusets-Bay Be it Enacted and Ordained by the Governour Council and Representatives in General Assembly Convened And it it is hereby Enacted and Ordained by the Authority of the same That in the several Ports and Places hereafter mentioned there shall be a Naval Office Erected wherein the Officers by the Governour to be appointed for the ends aforesaid shall duely attend That is to say At Boston for the Port of Boston and Charlstown at Salem for the Port of Salem and Marble-head at Ipswich at Newbury at Ki●●ery at Plimouth and at Bristol At which Naval-Office all Masters of Ships or Vessels arriving in this Province shall make their Entry with the Officer according as the said Act of Parliament requires And be it also Enacted by the Authority aforesaid That all Masters of Ships or Vessels Sailing out of this Province shall before their Sailing out thereof Clear their said Ships or Vessels in the said Naval-Office And that an Officer be appointed at Martha's Vineyard and another at Nantucket to Enter and Clear all Vessels passing to and from thence but not to be accounted Ports for the Unlivery or Lading of any of the Enumerated Commodities And the Fees in the said Office to be demanded and received shall be these following and no other viz.   P. Sh. P. For Entring and Clearing all Ships