Order in each Respective Town within this Province shall warn a Meeting of such Town having order for the same in Writing on pain that every Constable neglecting his Duty in that respect and being thereof Convicted before one Justice of the Peace shall Forfeit the Sum of Twenty Shillings Penalty for Neglect to the Use of the Poor of such Town and to be Levied by Distress and Sale of such Offenders Good by Warrant from such Justice of the Peace upon Neglect or Refusal of payment And in case the Select men in any Town shall unreasonably deny to call a Meeting of the Inhabitants of such Town Justice to give Warrant for Town-Meeting in case upon any Publick Occasion thereof the same being Complained of and made to appear to one of the next Justices of the Peace within the same County such Justice by his Warrant directed to the Constable or Constables may order a Meeting of the Inhabitants of such Town therein signifying the occasion thereof An Act For making of Lands and Tenements liable to the Payment of Debts VVHEREAS the Estates of Persons within this Province do chiefly consist of Houses and Lands which give them Credit some being remiss in paying of their just Debts others happening to Dye before they have discharged the same It is therefore Ordained and Enacted by the Governour Council and Representatives Convened in General Court and by the Authority of the same That all Lands or Tenements belonging to any person in his own proper right in Fee Simple shall stand charged with the payment of all just Debts owing by such person as well as his personal Estate and shall be liable to be taken in Execution for satisfaction of the same where the Debtor or his Attourney shall not Expose to view and Tender to the Officer Personal Estate sufficient to answer the Sum mentioned in the Execution with the Charges And all Executions duly Served upon any such Houses and Lands being Returned into the Clerk's Office of the Court out of which the same Issued and there Recorded shall make a good Title to the Party for whom they are so taken his Heirs and Assigns for ever Superiour Court may Impower Executors Administrators to Sell Land for payment of Debts Also where the Goods and Moveables of any person Deceased shall not be sufficient to answer the just Debts which the Deceased owed Upon Representation thereof and making the same to appear unto the Superiour Court within the County where such Deceased Person last Dwelt the said Court are hereby Impowred to Licence and Authorize the Executor or Administrator of such Person Deceased to make Sale of all or any part of the Houses and Lands of the Deceased so far as shall be necessary to satisfie the just Debts which the Deceased Owed at the time of his Death And every Executor or Administrator being so Licenced and Authorized shall and may by virtue of such Authority Make and Execute Deeds or Conveyances in due Form for such Houses and Lands as they shall so Sell which Instruments shall be a good Title to the Purchaser And further it is Enacted by the Authority aforesaid That where any person shall make Sale or other Alienation of any Lands or Tenements to him of right belonging with Intent to Defeat and Defraud his Creditors of their just Debs not Bona Fide for good and valuable consideration paid All such Sales and Alienations are to be deemed Covenous and Fraudulent and shall be of none Effect to Bar any Creditor from such Debt as is to him Owing An Act For due Regulation of Weights and Measures TO the end that Weights and Measures may be one and the same throughout this Their Majesties Province BE it Enacted and Ordained by the Governour Council and Representatives in General Court Assembled and by the Authority of the same That the Brass and Copper Weights and Measures formerly sent out of England with Certificate out of Their Majesties Exchequer to be approved Winchester Measure according to the Standard in the Exchequer be the publick allowed Standard throughout this Their Majesties Province for the Proving and Sealing all Weights and Measures thereby And the Constables of every Town throughout this Province not already Supplied shall within three Months next coming provide upon the Towns Charge One Bushel one half Bushel one Peck one Half Peck one Ale Quart one Wine-pint and Half-pint One Ell one Yard one Sett of Brass Weights to Four Pounds after sixteen Ounces to the Pound with fit Scales and Steel Beam tried and proved by the aforesaid Standard and Sealed by the Treasurer or his Deputy in his Presence which shall be kept and used only for Standards in the several Towns who is hereby Authorized to do the same for which he shall receive from the Constables of each Town Two-pence for every Weight and Measure so Tried and Proved and Sealed And the Constables of every Town shall Commit those Weights and Measures unto the Custody of the Select-men of their Towns for the time being who with the Constables are hereby Enjoyned to Choose one Able Man for Sealer of all Weights and Measures for their Town from time to time and till another be Chose who shall be presented unto the next Court of Sessions and there Sworn to the faithful Discharge of his Duty And shall have power to send forth his Warrants by the Constable to all the Inhabitants of such Town to bring in all such Weights and Measures as they make use of in the Month of April from year to year at such time and place as he shall appoint and make Return to the Sealer in Writing of all persons so Summoned That then and there all such Weights and Measures may be Proved and Sealed with the Town Seal which is likewise to be provided by the Constables at each Towns Charge who shall have for every Weight and Measure so Sealed one penny from the Owner thereof at the first Sealing And all such Weights and Measures as cannot be brought to their just Standard he shall Deface and Destroy and after the first Sealing shall have nothing so long as they continue just with the Standard And it is further Enacted by the authority aforesaid That if any Constable Select man or Sealer do not duly Execute this Law so far as to each every of them appertains they each of them shall Forfeit to Their Majesties for every such Neglect by the space of one Month the Sum of Forty Shillings towards the Support of their Government here And every person Neglecting to bring in their Weight Measures at the time and place appointed being duly warned thereto shall likewise Forfeit Three Shillings and Four-pence the one half whereof to be to Their Majesties as aforesaid the other half to the Sealer aforesaid And the penalty herein mentioned to be Levied by Distress by Warrant from any Justice of the Peace And it is further Enacted by the authority aforesaid That
have Possessed and Occupied as his or their own Proper Right in Fee Simple any Houses or Lands within this Jurisdiction and shall so continue whether in their own Persons their Heirs or Assigns or by any other Person or Persons from by or under them without Disturbance Lâ—… Suit or Denial Legally made by having the Claim of any Person thereto Entred with the Recorder of the County where such Houses or Lands ly with the Names of the Persons so Claiming and the Quantity and Bounds of the Lands and Houses Claimed And such Claim prosecuted to Elect within the Term of Five Years next after the Twentieth of May One Thousand Six Hundred Fifty and Seven Every such Proprietor His or Her Heirs and Assigns by Virtue of such Possession shall for ever after enjoy the same without any Lawful Let Suit Disturbance or Denial by any after-Claim of any Person or Persons whatsoever any Law or Custome to the Contrary Notwithstanding Which before Recited Law referring to Possession having seen found by long Experience to be of great Benefit and Service unto Their Majesties Subjects within this Their Province It is Enacted and Ordained by the Governour Council and Representatives in General Court Assembled And by the Authority of the same That the said Law be and hereby is Ratifyed and Confirmed And to Continue and Remain in Full Force as Formerly And for the further Quieting of Possessions and Setling of Titles It is also Enacted and Ordained by the Authority aforesaid That every Person and Persons for the Future shall have the like benefit of Possession who by Him or Themselves Grantees Three Years Quiet Possession to make a Title or Assigns were Possessed of any Houses or Lands within this Province in His or Their own proper right upon the First Day of this Instant Month October And shall continue in such Possession for the Space of Three Years next after without Disturbance or Action brought against them Provided this Act shall not be understood to Barr the Title of any Infant Savings Feme Covert or Person Non Compos Mentis Imprisoned or in Captivity who shall have the like time of Three Years next after such Imperfection Removed to pursue their Challenge to any Houses or Lands wherein they have Interest on Title And for all Persons beyond Sea the Time of Seven Years from the Date hereof shall be allowed them to pursue their Challenge as aforesaid An Act For Building with Stone or Brick in the Town of Boston and preventing Fire VVHEREAS Great Desolations and Ruines have sundry times happened by Fire breaking out in the Town of Boston principally occasioned by reason of the joyning and nearness of the Buildings being mostly of Timber and covered with Shingle For the better preventing of such Accidents for the future and Damage and Loss thereby Be it Ordained and Enacted by the Governour-Council and Representatives Convened in General Court or Assembly And it is Enacted by the Authority of the same That henceforth no Dwelling House Buildings in Boston to be of Brick or Stone and covered with Slate Shop Warehouse Barn Stable or any other Housing of more than Eight Feet in Length or Breadth and Seven Feet in Heighth shall be Erected and Set up in Boston but of Stone or Brick and covered with Slate or Tyle unless in particular cases where necessity requires being so judged and signified in writing under the Hands of the Justices and Select-men of the said Town or major part of both the Governour with the Advice and Consent of the Council shall see cause to Grant Licence unto any person to build with Timber Governour Council to grant Licence to build with Timber in Case or cover with Shingle And if any person shall presume to Erect or cause to be Erected any Frame or Building contrary hereto upon Conviction thereof before two Justices of Peace Quorune Unus such Building shall be deemed a common Nusance and the Owner of such Frame or Building shall enter into a Recognizance to Demolish the same and in Default of Entring into such Recognizance shall be Committed to Prison until he do cause the same to be Demolished or else such Building shall be Demolished by Order of the Quarter Sessions of the Peace within the said County Penalty for transgressing this Act. and the Charge thereof to be Levied by Distress and Sale of such Offenders Goods by Warrant from the Court of Quarter Sessions And it is further Ordered and Enacted That in all Void and Unbuilt Places which shall hereafter be improved for Building or when at any time any total Consumption or Desolation shall happen in any Street or Lane within the said Town it shall be in the power of the Justices of the Peace of said Town then in being together with the Select Men or the major part of both to State and Lay out such Streets Ways and Passages Justices and Select men to lay out Steets c. as may be most for the Conveniency and Accommodation of the Place As also where any Desolation has happened to Regulate and Enlarge other narrow and crooked Lanes or Passages AND where any particular persons shall have their Land taken away or lessened thereby a Jury of Twelve Men shall be appointed by two Justices of the Peace and Sworn to Ascertain the value thereof to be paid by the person A Jury to Asscertain the Value of any Persons Land laid to any Street to whose Land the same shall be added or by the Neighbourhood or Town in proportion to the benefit or conveniency any shall have thereby And every person Building as aforesaid with Brick or Stone shall have liberty to Set half his Partition Wall in his Neighbours Ground so that he leave Toothing in the Corners of such Walls for his Neighbour to adjoyn unto who when he shall Build such Neighbour adjoyning shall pay for one half of the said Partition Wall so far as it shall be Built against Party Wall to stand half in the Neighbours ground And in case of any Difference arising the Select men shall have power to appoint meet persons to value the same or lay out the Line between such Neighbours AND whereas several Houses and other Buildings have been Erected and Set up since the year 1688 contrary to the Law made by the General Court of the Massachusetts Colony It is hereby Ordained and Enacted by the Authority aforesaid That every Owner of such House or Buildings so Set up contrary to said Law shall cause the same to be Covered with Slate or Tyle or otherwise such Houses or Buildings shall be deemed a common Nusance and the Ownter thereof Proceeded against accordingly And be it further Enacted and Declared by the Authority aforesaid Two or 3 of the chief Military Officers to Order the pulling down or blowing up of Houses to stop Fire That when any Fire shall happen to break out either in Boston or any other
Town within this Province two or three of the Chief Military or Civil Officers of the same Town shall or may and hereby are Impowred to give Directions for the pulling down or blowing up any such House or Houses that shall be by them adjudged meet to be pulled down or blown up for the stopping and preventing the further Spreading of the same And if it shall happen that the pulling down or blowing up any such House or Houses by the Directions aforesaid shall be the occasion of stopping the said Fire or that the Fire stop before it come to the same That then all and every Owner of such House or Houses shall Receive reasonable Satisfaction and be paid for the same by the rest of the Inhabitants Where the Fire is stopt by pulling down or blowing up any House the owner to be paid whose Houses shall not be Burnt who are hereby Impowred to make such Rate or Rates for the Raising and Levying of such Sum and Sums of Mony as shall be thought convenient by the Select-Men and Justices of said Town for that end PROVIDED always That if the House where the Fire shall first Begin and Break out shall be adjudged fit to be pulled down or blown up to hinder the further spreading and increase of the same That then the Owner of such House shall receive no manner of Satisfaction for the same Any thing in this Act contained notwithstanding An Act For the Setling and Distribution of the Estates of Intestates VVHEREAS Estates in these Plantations do consist chiefly of Lands which have been subdued and brought to Improvement by the Industry and Labour of the Proprietors with the Assistance of their Children the younger Children generally having been longest and most Serviceable unto their Parents in that behalf who have not Personal Estates to gâ—… out unto them in Portions or otherwise to Recompence their Labour Be it therefore Enacted and Ordained by the Governour Council and Representatives Convened in General Court or Assembly And it is Ordained by the Anthority of the same That every person lawfully Seized of any Lands Tenements or Hereditaments within this Province Persons Seized of Lands in fee simple may dispose of the same by will c. in his own proper right in Fee Simple shall have power to give and dispose and devise as well by his Last Will and Testament in Writing as otherwise by any Act Executed in his Life all such Lands Tenements and Hereditaments to and among his Children or others as he shall think fit at his Pleasure And if no such Disposition Gift or Devise be made by the Owner of my such Lands Tenements and Hereditaments the same shall be subject to a Division with his Personal Estate and be a like Distributed according to the Rules herein after Exprest for Intestate Estates And when and so often as it shall happen That any person dyes Intestate Administrators to the Estate of Intestates how to be granted Administration of such Intestates Goods and Estate shall be granted unto the Widow or next of Kin to the Intestate or both as the Judge for Probate of Wills and granting of Administrations shall think sit who shall thereupon take Bond with Sureties in manner as is directed by the Statute of the 22th and 23th of Charles the Second and shall and may proceed to call such Administrators to account for and touching the Goods of the Intestate And upon due Hearing and Consideration thereof Debts Funeral and just Expences of all forts being first allowed the said Judge shall and hereby is fully Impowred to Order and make a just Distribution of the Surplusage or remaining Goods and Estate as well Real as Personal in manner following That is to say One Third Part of the Personal Estate to the Wife of the Intestate for ever Distribution of Intestate Estates besides her Dower or Thirds in the Houses and Lands during Life where such Wife shall not be otherwise Endowed before Marriage and all the Residue of the Real and Personal Estate by Equal Portions to and among his Children and such as shall Legally Represent them if any of them be dead other than such Children who shall have any Estate by Settlement of the Intestate in his life-time Equal to the others Shares Children advanced by Settlement or Portions not equal to the others Shares to have so much of the Surplusage as shall make the Estate of all to be Equal except the Eldest Son then Surviving where there is no Issue of the First-born or of any other Elder Son who shall have two Shares or a double portion of the whole where there are no Sons the Daughters shall Inherit as Coparceners The Division of the Houses and Lands to be made by five sufficient Freeholders upon Oath or any Three of them to be Appointed and Sworn by the Judge for that end unless where all the Parties Interested in any Estate being Legally capable to Act shall mutually agree of a Division among themselves and present the same in Writing under their Hands and Seals in which case such Agreement shall be accepted and allowed for a Settlement of such Estate and be accounted valid in Law being Acknowledged by the Parties Subscribing before the Judge and put upon Record PROVIDED Nevertheless That where any Estate in Houses and Lands cannot be divided among all the Children without great prejudice to or spoyling of the whole being so Represented and made to appear unto the said Judge the Judge may order the whole unto the Eldest Son if he accept it or to any other of the Sons successively upon his Refusal He paying unto the other Children of the Deceased their Equal and proportionable Parts or Shares of the true value of such Houses and Lands Upon a just Apprizement thereof to be made by Three Sufficient Freeholders upon Oath to be Appointed and Sworn as aforesaid or giving good Security to pay the same in some convenient time as the said Judge shall Limit making reasonable allowance in the Interim not exceeding six per Cent. per Annum And if any of the Children happen to Dye before he or she come of Age or be Married the Portion of such Child Deceased shall be equally divided among the Survivors And in case there be no Children nor any Legal Representatives of them then one Moity of the Personal Estate shall be allotted to the Wife of the Intestate for ever and one Third of the Real Estate for Term of Life The Residue both of the Real and Personal Estate equally to every of the next of Kin of the Intestate in equal degree and those who Legally Represent them No Representatives to be admitted among Collaterals after Brothers and Sisters Children And if there be no Wife all shall be Distributed among the Children and if no Child to the next of Kin to the Intestate in equal degree and their Legal Representatives as aforesaid and in no other manner whatsoever And every
of Lands to be in Writing attested by three or four Witnesses all Devises and Bequests of any Lands or Tenements shall be in Writing and Signed by the Party so Devising the same or by some other person in his presence and by his express Directions and shall be Attested and Subscribed in the presence of the said Devisor by three or four credible Witnesses or else shall be utterly void and of none Effect And moreover How the same shall be revocable no Devise in Writing of Lands Tenements or Hereditaments or any Clause thereof shall at any time after the said last day of December be Revocable otherwise than by some other VVill or Codicil in VVriting or other VVriting declaring the same or by Burning Cancâ—lling Tearing or Obliterating the same by the Testator himself or in his presence and by his Directions and Consent 2 But all Devises and Bequests of Lands and Tenements shall remain and continue in full force until the same be Burnt Cancelled Torn or Obliterated by the Testator or his Direction in manner aforesaid or unless the same be altered by some other VVill or Codicil in VVriting or other VVriting of the Devisor Signed in the presence of three or four VVitnesses declaring the same any former Law or Usage to the contrary Notwithstanding And be it further Enaeted by the Authority aforesaid That from and after the said last day of December All Declarations or Creations of trust to be in Writing all Declarations or Creations of Trusts or Confidences of any Lands Tenements or Hereditaments shall be manifested and proved by some VVriting Signed by the Party who is by Law enabled to declare such Trust or by his Last VVill in Writing or else they shall be utterly void and of none effect Provided always trusts arising transferred or extinguished by implication of Law excepted That where any Conveyance shall be made of any Lands or Tenements by which a Trust or Confidence shall or may arise or result by the Implication or Construction of Law or be Transferred or Extinguished by an Act or Operation of Law then and in every such case such Trust or Confidence shall be of the like Force and Effect as the same would have been if this Act had not been made any thing herein before contained to the contrary notwithstanding And be it further Enacted Assignments of trust shall be in writing That all Grants and Assignments of any Trust or Confidence shall likewise be in Writing Signed by the Party Granting or Assigning the same by such Last Will or Devise or else shall be utterly void and of none Effect And be it further Enacted by the Authority aforesaid Contract for Sale of Goods for Ten Pounds or more That from and after the said last day of December No Contract for the Sale of any Goods Wares and Merchandizes for the price of Ten Pounds or upwards shall be allowed to be good except the Buyer shall accept part of the Goods so Sold and actually receive the same or give something in Earnest to bind the Bargain or in part of payment or that some Note or Memorandum in Writing of the said Bargain be Made and Signed by the Parties to be Charged by such Contract or their Agents thereunto lawfully Authorized And for prevention of Fraudulent Practices Nuncupative Wills in Setting up Nuncupative Wills which have been the occasion of much Perjury Be it Enacted by the Authority aforesaid That from and after the aforesaid last day of December No Nuncupative Will shall be good whereby the Estate thereby Bequeathed shall exceed the value of Thirty Pounds that is not proved by the Oaths of Three Witnesses at the least that were present at the making thereof nor unless it be proved that the Testator at the time of pronouncing the same did bid the persons present or some of them bear witness that such was his Will or to that effect nor unless such Nuncupative Will were made in the time of the last Sickness of the Deceased and in the House of his or their Habitation or Dwelling or where he or she hath been Resident for the space of ten days or more next before the making of such Will except where such person was surprized or taken Sick being from his own home and Dyed before he returned to the place of his or her Dwelling And be it further Enacted That after six months passed after the speaking of the pretended Testamentary Words no Testimony shall be received to prove any VVill Nuncupative except the said Testimony or the Substance thereof were committed to writing within six days after the making of the said Will. And be it further Enacted That no Letters Testamentary or probate of any Nuncupative Will Probate of Nuncupative Wills shall pass the Seal of any Court till fourteen days at the least after the Decease of the Testator be fully expired nor shall any Nuncupative will be at any time received to be proved unless process have first issued to call in the Widow or next of Kindred to the Deceased to the end they may contest the same if they please And be it further Enacted That no Will in writing concerning any Goods or Chattels or Personal Estate shall be Repealed nor shall any Clause Devise or Bequest therein be altered or changed by any Words or Will by word of mouth only except the same be in the Life of the Testator committed to Writing and Read to the Testator and allowed by him and proved to be so done by Three Witnesses at the least Provided always Souldiers Mariners Wills excepted That notwithstanding this Act any Souldier being in actual Military Service or any Mariner or Seaman being at Sea may dispose of his Moveables Wages and Personal Estate as he or they might have done before the making of this Act. An Act For the Equal Distribution of Insolvent Estates BE it Enacted and Ordained by the Governour Council and Representatives Convened in General Court or Assembly And it is Enacted and Ordained by the Authority of the same Insolvent Estates to be proportioned to the Creditors The Judge of Probate to appoint Commissioners Publick notice to be given in the County where the Deceased last dwelt in the two next Counties Six or twelve Months to be allowed for bringing in of claims The Commissioners to make Report That where the Estate of any person Deceased shall be Insolvent or insufficient to pay all Just Debts which the Deceased owed the same shall be set forth and distributed to and among all the Creditors in proportion unto the Sums to them respectively owing so far as the said Estate will Extend For which end the Executors or Administrators appointed to any such Insolvent Estate before payment to any be made shall Represent the Condition and Circumstances thereof unto the Judge for Probate of Wills and granting Administrations within the same County in which such Deceased person last dwelt and the said Judge
pain of Forfeiting the Sum of Forty Shillings for every such Offence upon due Conviction thereof Penalty on Gamesters the said Fine to be disposed of as aforesaid And every person convicted of Playing as aforesaid in any such House or Dependences thereof shall Forfeit the Sum of Six Shillings and Eight Pence to be disposed of as aforesaid And further it is Enacted by the authority aforesaid Penalty for refusing to give Evidence against persons Selling without Licence That any person duly Summoned to give in Evidence respecting the Breach of this Act in any of the Branches thereof other than the party himself his Children or Servants that shall refuse to give in upon his Oath when so required what he knows relating to the Premises shall Forfeit Forty Shillings to the use of the poor of the Town as aforesaid And it is further Enacted by the Authority aforesaid That every Justice of the Peace in the County where he dwells One Justice may hear determine all Offences against this Act as well as the Justices in Quarter Sessions are hereby respectively Impowred to hear and determine all Offences against this Act and may Commit the Offender to Prison until he pay the said Fine and Enter into Recognizance as aforesaid for the good Behaviour Or may cause the Fine to be Levied by Distress and Sale of the Offenders Goods returning the Overplus if any be An Additional Act For Impost and Excise BE it Enacted by the Governour Council and Representatives in General Court assembled And by the authority of the same That there shall be paid by the Importer for all Wines Imported into this Province not particularly named and mentioned in an Act Entituled An Act for Impost Excise and Tonnage of Shipping made at the first Sessions of this Court the Sum of Ten Shillings per Hogshead and so proportionably for greater or lesser quantities And that there be paid by those that Sell any of the said Wines by Retail the Sum of six-pence per Gallon Excise and so proportionably for greater or lesser quantities And to be under the same Regulation Inspection and Forfeitures as is provided by said Act the said payments to be made unto the Commissioners appointed for the Receiving of the Rates and Duties therein mentioned This present Act to remain and continue in force only during the time set for continuance of the Act before Recited and no longer An Act For the better Observation and Keeping the Lords-Day BE it Enacted and Ordained by the Governour Council and Representatives Convened in General Court or Assembly and it is Enacted by the Authority of the same That all and every Person and Persons whatsoever shall on that Day carefully apply themselves to Duties of Religion and Piety publickly and privately and that no Trades-man Artificer Labourer or other person whatsoever shall upon the Land or Water Do or Fxercise any Labour Business or Work of their ordinary Callings nor use any Game Labour and Sports Prohibited on penalty of Five Shillings Sport Play or Recreation on the Lords-Day or any part thereof Works of Necessity and Charity only excepted upon pain that every Person so Offending shall Forfeit Five Shillings Further it is Ordered and Declared That no Traveller Drover Horse-Courser Waggoner Butcher Higler Travelling prohibited on penalty of Twenty Shil lings or any their Servants shall Travel on that Day or any part thereof except by some adversity they were Belated and forced to Lodge in the Woods Wilderness or High-ways the night before and in such case to Travel no further than the next Inn or Place of Shelter on that Day upon the penalty of Twenty Shillings Further it is Ordered That no Vintner Inn-holder or other Person keeping any Publick-house of Entertainment Publick houses not to entertain any others than Strangers Lodgers on penalty of Five Shillings for every person shall Entertain or Suffer any of the Inhabitants of the Respective Towns where they Dwell or others not being Strangers or Lodgers in such Houses to abide or remain in their Houses Yards Orchards or Fields Drinking or idly spending their time on Saturday night after the Sun is Set or on the Lords-Day or the Evening following upon the pain and penalty of Five Shillings for every person payable by themselves respectively that shall be found so Drinking or Abiding in any such Publick House or Dependences thereof as aforesaid and the like Sum of Five Shillings to be paid by the Keeper of such House for every person Entertained by them And for the better Execution of all and every the foregoing Orders One Justice of the Peace may hear determin any breach of this Act. every Justice of the Peace within his County shall have Power and Authority to Convent before them any person or persons who shall offend in any of the particulars before mentioned and upon his own view or other legal Conviction of any such Offence to impose the Fine and Penalty for the same and to Restrain or Commit the Offender until it be satisfied or to cause the same to be Levied by Distress and Sale of the Offenders Goods returning the Over-plus if any be and in case any such Offender be unable or refuse to satisfie such Fine Fines for breach of this Act to be to the use of the poor to cause him to be put in the Cage or set in the Stocks not exceeding three hours All Fines and Penalties accruing by this Act to be to the benefit and relief of the Poor of such Town where the Offence is committed and delivered into the hands of the Select-men or Overseers of the poor for that end And all Masters and Governours of Families are hereby required to take effectual care that their Children Servants and others under their immediate Government do not transgress in any of the foregoing particulars And all and every Justices of the Peace Constables and Tything-men are required to take effectual care and endeavour that this Act in all the particulars thereof be duly observed Justices Constables c. required to see that this Act be observed as also to restrain all persons from Swimming in the water unnecessary and unseasonable walking in the Streets or Fields in the Town of Boston or other places keeping open their Shops or following their Secular Occasions or Recreations in the Evening preceding the Lords-Day or on any part of the said Day or Evening following And all persons are strictly required to be obedient to and aiding and assisting such Justices Constables and other Officers herein as they will answer the contrary at their Peril An Act For Prevention of Common Nusances arising by Slaughter-Houses Still-Houses c. Tallow Chandlers and Curriers BE it Ordained and Enacted by the Governour Council and Representatives Convened in General Court or Assembly and by the Authority of the same That the Select-Men of the Towns of Boston Salem and Charlstown Respectively or other Market-Towns
Inhabitants of such Defective Town as other Publick Charges and to be paid unto the County Treasurer An Act For the Settlement of the Bounds and Defraying of the Publick and Necessary Charges arising within each Respective County in this Province BE it Ordained and Enacted by the Governour Council and Representatives in General Court Assembled and by the authority of the same That all Counties as they now lye Counties to continue as formerly and are named continue and remain distinct Counties to all intents and purposes in the Law whatsoever And that there be a County Treasurer annually Chosen for each Respective County being a Freeholder within the same and to be Chosen by the Votes of the Freeholders and other Inhabitants of each Respective Town duly qualified as is Provided by the Act for the Choice of Select-men and other Town Officers and at the same time such Votes to be given in Writing and Sealed up by the Constable by him to be kept and returned unto the next Quarter Sessions to be held for said County there to be Opened and Sorted by such as the Court shall Appoint in presence of the Justices Choice of County-Treasurer and the Person having the Majority of said Votes shall be Treasurer of such County for that year and be Sworn before said Court And for the due and equal Raising of Monies for Defraying of the Charges arising within each Respective County for the necessary Repairs and Amendment of Bridges Prisons the Maintainance of poor Prisoners and all other proper County Charges It is further Enacted by the Authority aforesaid That when and so often from time to time as there shall be need of raising Mony for the ends aforesaid County Charges how to be defrayed in any County the Justices in Quarter Sessions for such County receiving Information thereof from the County Treasurer shall agree and determine the whole Sum to be Raised and each Respective Towns proportion of the same as near as may be according to the Rule for Raising of Money for the Province Charges and shall Issue forth their Order unto the Select-men of the Respective Towns to Assess the same upon the Inhabitants of such Town each one his due and equal proportion thereof according to the Rule before mentioned as near as may be to be paid in Money or Equivalent thereto and to make a distinct List of each persons name and proportion under their Hands and such List Commit unto the Constable or Constables of such Town with a Warrant Signed by the Town Clerk directed unto the said Constable or Constables to Levy and Collect the said Assessment of each one his respective proportion And to pay in their said Collections unto the County Treasurer or his Order within the time set for the same And to make distress upon every person neglecting or refusing to make payment And in default of Goods or Chattels whereon to make Distress to Commit the Party to the Common Goal of the County until he make payment or otherwise be Released by the Justices in Quarter Sessions And if any person or persons think themselves Over-Rated in any such Assessment they shall be Eased by the Assessors making the same to appear or in default thereof by the Court of Quarter Sessions And further it is Enacted That all Monies so Collected be Improved and Imployed for the Ends within mentioned as the Court of Quarter Sessions shall from time to time hy their Order in Writing direct and appoint And the County Treasurer in each respective County shall Accompt unto the Court of Quarter Sessions or whom they shall Appoint for all his Receipts and Payments An Act For Regulating of Townships Choice of Town-Officers and Setting forth their Power BE it Ordained and Enacted by the Governour Bounds of Townships to contiue as heretofore Granted Setled And to be run and Marks Renewed once in 3 years under a penalty Council and Representatives in General Court Assembled and by the authority of the same That the Bounds of all Townships shall be and continue as heretofore Granted and Settled respectively and shall be run betwixt Town and Town and Marks Renewed once in three years by two of the Select-men of each Town or any other two persons whom the Select-men shall Appoint the Select-men of the most ancient Town to give Notice unto the Select-men of the next adjacent Towns of the time and place of Meeting for such Perambulation six days before-hand on pain of Forfeiting Five Pounds by the Select-men of any Town that shall Neglect their Duty in any of the particulars aforesaid Two Thirds thereof unto the use of the Poor of such Town and the other Third unto the Select-Men of any of the next adjacent Towns that shall Inform and Sue for the same in the Inferiour Court of Pleas within the same County to be Recovered by Action or Information And be it further Enacted by the authority aforesaid That each Proprietor of Lands lying Unfenced Proprietors of Lands unfenced or in common Fields to run the Lines once in two years or in any common Field shall once in two years on six days warning before given him by the next Proprietor or Proprietors adjoyning run the Lines make and keep up the Bounds between them by sufficient met-Stones on pain that every Party so neglecting or refusing shall Forfeit the Sum of Ten Shillings one half to the party moving the other half to the use of the Poor of the Town being Convented Convicted of such Neglect or Refusal before any Justice of the Peace within the same County who is hereby Impowred to Hear and Determine the same And further it is Enacted by the authority aforesaid That the Proprietors of the Undivided or Common Lands within each Town and Precinct in this Province where the same have been heretofore Stated each ones proportion being known shall and hereby are Impowred to Order Improve or Divide in such way and manner as shall be concluded and agreed upon by the major part of the Interested the Voices to be Collected and Accounted according to the Interests Some more Lands how to be improved And the Proprietors of all Undivided or Common Lands not stated and proportioned as aforesaid shall and hereby are Improved to Manage Improve Divide or Dispose of the same as hath been or shall be concluded and agreed on by the major part of such Proprietors That no Cottage or Dwelling-place in any Town shall be admitted to the priviledge of Commonage for Woods Timber and Herbage or any other the priviledges which lie in Common in any Town or Peculiar other than such as were Erected or Priviledged by the Grant of such Town or Peculiar before the Year One Thousand Six Hundred Sixty One or that have been since or shall hereafter be Granted by the Consent of any Town or Peculiar AND WHEREAS it has been a continued practice and custome in the several Towns within this Province
annually to Choose Select-men or Townsmen for the ordering and managing of the prudential Affairs of such Town and other Town-Officers for the Executing of other matters and things in the Laws appointed by them to be done and performed Be it further Ordained and Enacted by the authority aforesaid Qualification of Voters in Town-Meetings That the Freeholders and other Inhabitants of each Town Ratable at Twenty Pounds Estate to one single Rate besides the Poll shall some time in the Month of March annually meet and convene together upon Notice given by the Constable or Constables of such Town or such others as the Select-men or Towns-men shall appoint to give Notice of such Meeting and the time and place for the same Select-men Constables and other Town-Officers to be annually Chosen in March Town Clerk to be under Oath And by the Major Vote of such Assembly then and there shall Choose Three Five Seven or Nine Persons Able and Discreet of good Conversation Inhabiting within such Town to be Select-men or Townsmen and Overseers of the Poor where other persons shall not be particularly Chosen to that Office which any Town may do as they shall find it necessary and convenient as also to Nominate and Choose a Town-Clerk who shall be Sworn truly to Enter and Record all Town-Votes Orders Grants and Divisions of Land made by such Town and Orders made by the Select-men a Commissioner for Assessments Constables Surveyers of High-ways Tything-men Fence-viewers Clerks of the Market Sealers of Leather and other ordinary Town Officers And the Town Clark or two of the Select-men shall forthwith make and give out unto the Constable or Constables of such Town a List of the Names of those that shall be then Chosen to the Office of Town Clerk Constables Tything-men Clerks of the Market Sealers of Leather and other Officers of whom an Oath is by Law required Constables to Summon Town Officers to be Sworn under a penalty which Constable or Constables within the space of six days at furthest shall Summon each of them respectively to appear before the Quarter Sessions if then Sitting or one of the next Justices of the Peace to be Sworn to the faithful Discharge of their Respective Offices and Trust on penalty of Twenty Shillings to the use of the Poor of the Town to be paid by each Constable neglecting of his Duty in that behalf upon Conviction thereof before one Justice of the Peace and upon Non Payment to be Levied by Distress PROVIDED That no Person in Commission for any Office Persons exempted from Serving as Constables Civil or Military Church-Officer or Member of the House of Representatives for the time being nor any other who has Served as Constable within the space of seven years before shall be Chosen to the Office of Constable It is further Enacted by the Authority aforesaid Towns or Select-men having Instructions to make Orders By-Laws That the Freeholders and Inhabitants qualified as in this Act is mentioned in each Respective Town in any Town-Meeting orderly warned according to the Usage in such Town or the major part so Assembled or the Select-men having Instructions given them in Writing by the Town for that purpose Be and hereby are Impowred from time to time to make and agree upon such necessary Rules Orders and By-Laws for the directing managing and ordering the Prudential Affairs of such Town as they shall judge most Conducing to the Peace Orders and By-Laws in Towns to be approved by the Quarter Sessions Penalty to be Levied by Warrant from a Justice Welfare and good Order thereof and to anner Penalties for the observance of the same not exceeding Twenty Shillings for one Offence Provided that they be not repugnant to the General Laws of the Province And such Orders and By-Laws being presented unto the Justices in Quarter Sessions and approved of by them shall be Established and Binding to all the Inhabitants of such Town and the penalty for breach of any of them by any of the Inhabitants to be Levied by Warrant of Distress from any Justice of the Peace before whom such Offender shall be Convicted to the use of the Poor of such Town And further it is Enacted by the Authority aforesaid That the Select-men or Townsmen Chosen as aforesaid Select-men to make Assessment for County and Town Charges in each Town respectively Be and hereby are Impowred to assess the Inhabitants and others Resident within such Town and the Precincts thereof and the Lands and Estates lying within the Bounds of such Town in just and equal proportion as near as may be unto the County Charges according as they shall receive order from the Court of Quarter Sessions to be held for the same County and to all Town Charges each particular person according to his known Ability and Estate such Sum and Sums as hath or shall be ordered granted and agreed upon from time to time by the Inhabitants in any Town-Meeting regularly Assembled or the major part of those present at such Meeting for the Maintainance and Support of the Ministry Schools the Poor and for the defraying of other necessary Charges arising within the said Town Assessors or Town Clerk to make out a Warrant for Levying the same and thereof to make distinct and perfect Lists under their Hands or the major part of them setting down every persons Name and several proportion and shall thereupon make out a Warrant to be Signed by the said Assessors or the Town Clerk by their Order who are hereby respectively Impowred thereto directed unto the Constable or Constables of the said Town for the speedy Levying and Collecting of such Assessments and to pay in the same unto the Select-men or to such person as they shall appoint for Receiver Distress to be made on Delinquents within the time thereby prefixt And to make Distress upon all such who shall neglect or refuse to make payment And for want of Goods or Chattels whereon to make Distress to Seiz the person and Commit him to the Common Goal of the County there to remain until he pay the Sum upon him Assessed as aforesaid unless the same or any part thereof upon application made unto the Quarter Sessions shall be Abated Persons Over-rated to be Eased And if any person think himself Over-rated and make it so appear unto the Assessors he shall be Eased And if they refuse such person agrieved may make his Application unto the Justices in Quarter Sessions who are hereby Impowred to Rectifie the same And all Constables having any such Assessment committed unto them shall Settle and Issue their Accompts thereof with the Select-men or Receiver appointed by them Constables to Settle and Issue their Accompts with in 3 months after the Expiration of their year within three months after their time or year is Expired on pain of Forfeiting the Sum of Twenty Shillings per Month for each Months Neglect afterward to the
in every Sea-port-Town within this Province the Constable or Constables are to provide upon the Towns Charge One Hundred Weight one Half Hundred one Quarter of an Hundred and one Fourteen Pounds Weight made of Iron to be Tried Proved and Sealed as aforesaid and be kept as Standards in the said several Towns to be used as before for other Weights and Measures is directed An Act Against the Counterfeiting Clipping Rounding Filing or Impairing of Coynes WHEREAS divers False and Evil Disposed Persons have attempted and practised for Wicked Lucre and Gains sake to Diminish Impair and Falsifie the Money and Coynes Currant within this Province by Counterfeiting or Clipping Rounding or Filing thereof not only to the great Discredit of the Province and the Government thereof but also to the great Loss and Damage of Their Majesties Subjects and more is like to be if the same be not speedily met withal and prevented For Remedy whereof BE it Enacted and Declared and Established by the Governour Council and Representatives in General Court Assembled and by the Authority of the same That the Coyn of the Late Massachusetts Colony Massachusetts Coyn pieces of Eight of 17 penny weight made currant shall pass currant at the rate it was Stampt for And Pieces of Eight Sevil Pillar and Mexico of full Seventeen penny Weight shall pass Currant at Six Shillings Per Piece and Half Pieces of Due Weight Pro Rato and Quarter Pieces of the same Coin at Sixteen pence Per Piece and Realls of the same Coin at Eight Pence Per piece And whosoever from and after the Publication of this Act shall Attempt and Practice the Counterfeiting or Clipping Rounding Filing or otherwise Diminishing Penalty for Counterfeiting Clipping c. of Coyns or Debasing any of the Monies and Coins Currant within this Province being thereof Lawfully Convicted before the Justices of Assize shall Forfeit double the value of the Money so Counterfeited Clipped Rounded or Filed One Half to Their Majesties towards the Support of the Government And the other Half to the Informer And shall also stand in the Pillory in some open Place in the Shire Town of that County where the Offence is Committed and there have one of His Ears Cut off An Act For the Regulating and Encouragement of Fishery UPon Consideration of great Damage and Scandal That hath happened upon the account of Pickled Fish although afterwards Dried and hardly discoverable To the great Loss of many and also an ill Reputation on this Province and the Fishery of it BE it therefore Enacted by the Governour Council and Representatives Convened in General Court or Assembly and it is Enacted by the Authority of the same That no person or persons whatsoever No Mackerel to be Salted up before the first of July after the Publication hereof shall Save or Salt any sort of Fish that it intended to be dried in Cask or Fattes or any other way then what hath formerly and honestly been practised for the making of dry Fish on penalty of Forfeiting all such Fish so Salted and Pickled whether it be Green or Drye How dry Fish shall be Saved The one Moiety thereof to the use of the Poor of the Town where the Offence is Committed and the other Moiety to the person that shall Sue for the same And it is further Enacted by the authority aforesaid That henceforth no Mackrel shall be Caught except for spending whilst fresh before the first of July annually And no person or persons whatsoever after the publication hereof shall at any time or place within this Province Take Kill or Hale ashore any Mackrell with any sort of Nets or Sa'ens whatsoever on penalty of Forfeiting all such Mackrel so Taken or Haled ashore Penalty for Taking Mackarel in Netts or Sâ—â—â—â—s and also all such Nets and Sa'ens which were so Imployed The one half thereof to Their Majesties towards the Support of this their Government and the other half to him or them that shall Inform and Sue for the same And all Justices are hereby Impowred and Required to Grant their Warrants for the Seizing of the same and the aforesaid Forfeitures or the Receiving of the like value in Currant Mony of this Province An Act For the Establishing of Judicatories Courts of Justice within this Province FOr the more Orderly Regulation and Establishment of Courts of Justice throughout this Province BE it Enacted and Ordained by His Excellency the Governour Council and Representatives Convened in General Assembly And it is hereby Enacted and Ordained by the Authority of the same That all manner of Debts Trespasses Justices Court and other Matters not exceeding the value of Forty Shillings wherein the Title of Land is not Concerned shall and may be heard Tryed Adjudged and Determined by any of Their Majesties Justices of the Peace of this Province within the Respective Countys where he resides Who is hereby Impowred upon complaint made to grant a Warrant or Summons against the Party complained of Seven Days before the day of Tryall or Hearing thereby requiring him or them to appear and answer the said Complaint and in case of Non-Appearance to Issue out a Warrant of Contempt directed to the Constable or other Officer to bring the Contemner before him as well to answer the said Contempt as the Plantiffs Action and if he see cause to Fine the said Contemner PROVIDED the said Fine Exceed not Ten Shillings to be accounted for to the Treasurer of the County towards the Support of the Government and after Judgment given in either Case may grant Warrants of Distress directed to the Constable or other Officer to Levy the said Fine debt or damage with Charges upon the Defendants Goods and Chattels who by vertue thereof shall expose the same to Sale returning the Overplus if any be to the Defendant And for want of such Distress to take the Body of such Defendant into Custody and him to carry and convey to the common Goal of the County or Precinct there to remain until he hath satisfyed the Said Fine Debt or Damage with Charges And in case such Complainant be Non-Suited or Judgment pass against him then the said Justice is hereby Impowred to Assess to the Defendant reasonable Costs against such Complainant to be Levied and recovered in manner form above Expressed And the said Justice is hereby required to keep fair Records of all his proceedings therein from time to time Provided always nevertheless That the Party Cast shall have Liberty to Appeal to the next Inferiour Court of Common Pleas to be Holden for the same County He entring into Recognizance with one sufficient Suretie in double the value of the Debt or Damage Sued for and sufficient to answer all Costs to prosecute the said Appeal there with Effect and to abide the Order of the said Court where such Case shall be Tryed there to receive a Final Issue Provided also That the party Appealing shall bring the Copies of
one to whom any Share shall be allotted shall give Bond with Sureties before the said Judge of Probate if Debts afterwards be made to appear to Refund and Pay back to the Administrator His or Her Ratable part thereof and of the Administrators Charges The Widows Thirds or Dower in the Real Estate at the Expiration of her Term to be alike Divided as aforesaid Right of Appeal Saved Saving to any Person agrieved at any Order Sentence or Decree made for the Settlement and Distribution of any Intestate Estate their Right of Appeal unto the Governour and Council Every Person so appealing giving security to Prosecute the Appeal with Effect Be it further Enacted by the Authority aforesaid That if any Executor or Executors of the Will of any Person deceased Executors to cause Probate of Wills to be made in thirty days next after the Testators Death Knowing of their being so named and Appointed shall not within the Space of Thirty days next after the Decase of the Testator cause such Will to be proved and Recorded in the Registers Office of the same County where the Deceased Person last dwelt or present the said Will and declare his or their refusal of the Executorship Every Executor so neglecting of his or her Trust and Duty in that behalf without just Excuse made and accepted for such delay shall forfeit the Sum of Five Pounds Per Month from and after the Expiration of the said Thirty Days until he or they shall cause Probate of such Will to be made Penalty for Neglect or present the same as aforesaid Every such Forfeiture to be had and recovered by Action or Information in the Inferiour Court of Pleas in the same County And to be disposed of one Moity thereof to the use of the Poor of the Town where the Deceased Person last dwelt and the other Moity to him or them that shall Inform and Sue for the same And upon any such refusall of the Executor or Executors the Judge shall commit Administration of the Estate of the Deceased Cum Testamento annexo unto the Widow or next of Kin to the Deceased Upon Refusal Administration to be committed cum Testamen to annexo Executors by Wrong and upon their refusal to one or more of the Principal Creditors as he shall think fitt And if any person or persons shall Alienate or Imbezel any of the Goods or Chattels of any person Deceased before he or they have taken out Letters of Administration and Exhibited a true Inventory of all the known Estate of the party Deceased Every person or persons so Acting shall stand Chargeable and be liable to the Actions of the Creditors and other persons grieved as being Executors in their own wrong And the Judge shall cause a Citation to be made out unto the Widow or next of Kin and upon their Neglect of appearance or refusal may Commit Adminastration of any such Estate to some one or more of the Chief Creditors if accepted by them or others as he shall think fit upon their refusal And whereas Bonds for Administration to the County Treasurer to be put in Suit by the Judge according to the former practice of the Courts Bonds for due Administration of the Estates of Intestates were taken in the Name of the County Treasurer and the Obligation made to him his Successors in Said Office or Assigns many of which are still depending It is Further Enacted by the Authority aforesaid That the Judge for Probate of Wills and Granting of Administrations in the Countys respectively be and hereby are fully Impowred and Authorized to call all such Administrators to account and if need be to put the said Bonds or any of them in suit who shall be and hereby are to be held and Esteemed the Assignees of the County Treasurer in that behalf to all Intents Constructions and Purposes in the Law whatsoever An Act For Prevention of Frauds and Perjuries FOR Prevention of many Fraudulent Practices which are commonly endeavoured to be upheld by Perjury and Subornation of Perjury Be it Enacted and Ordained by the Governour Council and Representatives Convened in General Court and by the Authority of the same That from and after the last Day of December in this present Year One Thousand Six Hundred Ninety and Two All Leases Estates Interests of Freehold Parole Leases and Interest of Freehold shall have the force of Estates at will only or Term of Years or any uncertain Interest of in or out of any Messuages Lands Tenements or Hereditaments made or created by Livery and Seisin only or by Parole and not put in writing and Signed by the Parties so making or creating of the same or their Agents thereunto Lawfully Authorized by writing shall have the Force Effect of Leases or Estates at will only shall not either in Law or Equity be deemed or taken to have any other or greater Force or Effect any consideration for making any such Parole Leases or Estates or any former Law or Usage to the contrary notwithstanding Except nevertheless Except Leases not Exceeding three years c. all Leases not exceeding the Term of Three Years from the making thereof whereupon the Rent Reserved to the Landlord during such Term shall amount unto two third parts at the least of the full improved value of the thing Demised And moreover That no Leases Estates or Interests either of Freehold No Leases or states of Freehold to be granted or surrendred by word or Term of Years or any uncertain Interest of in to or out of any Messuages Lands Tenements or Hereditaments shall at any time after the said last day of December be Assigned Granted or Surrendred unless it be by Deed or Note in Writing Signed by the Party so Assigning Granting or Surrendring the same or their Agents thereunto lawfully Authorized by Writing or by Act and Operation of Law And be it further Enacted by the Authority aforesaid That from and after the said last day of December Promises and Agreements by Parole no Action shall be brought whereby to Charge any Executor or Administrator upon any special Promise to answer Damages out of his own Estate 2 or whereby to Charge the Defendant upon any special Promise to answer for the Debt Default or Miscarriages of another person 3 or to charge any person upon any Agreement made upon consideration of Marriage 4 or upon any Conâ—â—â—… or Sale of Lands Tenements or Hereditaments or any Interest in or concerning them 5 or upon any Agreement that is not to be performed within the space of one year from the making thereof 6 unless the Agreement upon which such Action shall be brought or some Memorandum or Note thereof shall be in Writing and Signed by the Party to be Charged therewith or some other person thereunto by him lawfully Authorized And be it further Enacted by the Authority aforesaid That from and after the said last day of December Devises