the Authority aforesaid That whosoever shall Steal or Purloin any Money Goods or Chattels These being thereof Convicted by Confession or Sufficient Witness upon Oath Every such Offender shall Forfeit treble the value of the Money Goods or Chattels so Stollen or Purloined unto the Owner or Owners thereof And be further punished by Fine or Whipping at the discretion of the Court or Justices that have Cognizance of such Offence not exceeding the Sum of Five Pounds or Twenty Stripes And if any such Offender be unable to make Restitution or Pay such Threefold Damages such Offender shall be Enjoyned to make Satisfaction by Service And the Prosecutor shall be and hereby is Impowred to dispose of said Offender in Service to any of Their Majesties Subjects for such Term as shall be Assigned by the Court or Justices before whom the Prosecution was And every Justice of Peace in the County where such Offence is Committed or where the Thief shall be Apprehended is hereby Authorized to Hear and Determine all Offences against this Law PROVIDED That the Damage exceed not the Sum of Forty Shillings And if any Person shall Commit Burglary Burglary by Breaking up any Dwelling-House Warehouse Shop Mill Malt-house Barn Out-House or any Ship or other Vessel lying within the Body of the County or shall Rob any Person in the Field or High-ways Every Person so Offending shall upon Conviction be Branded on the Forehead with the Letter B. and upon a Second Conviction shall be Set upon the Gallows for the space of one Hour with a Rope about his Neck and one end thereof cast over the Gallows and be severely Whipt not exceeding Thirty Nine Stripes And upon a Third Conviction of the like Offence shall Suffer the pains of Death as being Incorrigible and shall likewise upon the First and Second Convictions pay treble Damages to the Party Injured as is Provided in case of Theft And it is further Enacted by the Authority aforesaid Fornication That if any Man Commit Fornication with any single Woman upon due Conviction thereof they shall be Fined unto Their Majesties not exceeding the Sum of Five Pounds or be Corporally Punished by Whipping not exceeding Ten Stripes a piece at the Discretion of the Sessions of the Peace who shall have Cognizance of the Offence And he that is Accused by any Woman to be the Father of a Bastard Child Begotten of her Body she continuing Constant in such Accusation being Examined upon Oath and put upon the Discovery of the Truth in the Time of her Travail shall be adjudged the Reputed Father of such Child Notwithstanding his Denial and stand charged with the Maintenance thereof with the Assistance of the Mother as the Justices in the Quarter Sessions shall Order and give Security to perform the said Order and to save the Town or Place where such Child is Born free from Charge for it's Maintenance and may be Committed to Prison until he find Sureties for the same unless the Plea's and Proofs made and produced on the behalf of the Man accused and other Circumstances be such as the Justices shall see reason to Judg him Innocent and acquit him thereof and otherwise dispose of the Child And every Justice of the Peace upon his Discretion may Bind to the Next Quarter Sessions him that is Charged or Suspected to have Begotten a Bastard Child and if the Woman be not then Delivered the Sessions may Order the Continuance or Renewal of his Bond that he may be forth-coming when the Child is Born Further it is Enacted by the Authority aforesaid That every Justice of the Peace in the County where the Offence is Committed Power of the Justice of Peace may cause to be Staid and Arrested all Affrayers Rioters Disturbers or Breakers of the Peace and such as shall Ride or go Armed offensively before any of Their Majesties Justices or other Their Officers or Ministers doing their Office or elsewhere by Night or by Day in Fear or Affray of Their Majesties Liege People and such others as shall Utter any Menaces or Threatning Speeches And upon view of such Justice or Justices Confession of the Party or other Legal Conviction of any such Offence shall Commit the Offender to Prison until he find Sureties for the Peace and good Behaviour and Seiz and Take away his Armour or Weapons and shall cause them to be Apprized and Answered to the King as Forfeited Breach of the Peace Forcible Entry detainer And may further punish the Breach of the Peace in any person that shall Smite or Strike another by Fine to the King not exceeding Twenty Shillings and Require Bond with Sureties for the Peace or Bind the Offender over to answer it at the next Sessions of the Peace as the Nature or Circumstance of the Offence may be and may make Enquiry of forcible Entry and Detainer and cause the same to be Removed and make out Hue and Crys after Runaway Servants Thiefs and other Criminals And it is further Enacted by the authority aforesaid That if any person or persons of the Age of Discretion which is accounted Fourteen Years Lying and Libessing or Upwards shall wittingly and willingly Make or Publish any Lye or Libel tending to the Defamation or Damage of any particular person or persons Make or Spread any False News or Reports with intent to abuse and deceive others Every such person or persons offending in any of the particulars before-mentioned and being duly Convicted thereof before one or more Justices of the Peace shall be Fined according to the degree of such Offence not exceeding the Sum of Twenty Shillings for the First Conviction and find Sureties for the good Behaviour And if the Party be unable to pay the said Fine then to be Set in the Stocks not exceeding Three Hours or be corporally punished by Whipping at the discretion of the Justice or Justices before whom the Conviction shall be according as the Circumstances or Nature of the Offence shall be And the said Justice or Justices may Restrain and Commit the Offender until he pay the said Fine and find Sureties for the good Behaviour Or may cause the Fine to be Levied by Distress and Sale of the Offenders Goods And the Party or Parties grieved or injured by reason of any of the Offences aforesaid shall or may take his or their Suit against any such Offender or Offenders in any Court of Record It is further Enacted by the Authority aforesaid That if any person or persons upon his or their own Head or Imagination or by false Conspiracy and Fraud with others shall wittingly Forgery subtilly and falsely Forge or Make or subtilly Cause or wittingly Assent to be Forged or Made any False Deed Conveyance or Writing Sealed or the Will of any person or persons in Writing to the intent that the State of Freehold or Inheritance Right Title or Interest of any person or Persons of in or to any Lands Tenements or
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
in the Province with two or more Justices of the Peace Dwelling in the Town or two of the next Justices in the County Slaughter-Houses Still-Houses c. to be in certain places assigned no other shall at or before the last day of March One Thousand Six Hundred Ninety Three Assign some certain places in each of said Towns where it may be least offensive for the Erecting or Setting up of Slaughter-Houses for the Killing of all Meat Still-Houses Houses for Trying of Tallow Currying of Leather which Houses may be Erected of Timber the Law referring to Building with Brick or Stone notwithstanding And shall cause an Entry to be made in the Town-Book of what places shall be by them so Assigned and make known the same by Posting it up in some Publick Places of the Town At which Houses and Places respectively and no other all Butchers and Slaughter-men Distillers Chandlers and Curriers shall Exercise and Practice their Respective Trades and Mysteries on pain that any Butcher or Slaughter-man transgressing of this Act by Killing of Meat in any other place for every Conviction thereof before one or more Justices of the Peace shall Forfeit and Pay the Sum of Twenty Shillings And any Distiller Chandler or Currier offending against this Act for every Conviction thereof before Their Majesties Justices at the General Sessions of the Peace for the County shall Forfeit and Pay the Sum of Five Pounds one third part of said Forfeitures to be to the use of Their Majesties for the Support of the Government of the Province and the Incident Charges thereof one Third to the Poor of the Town where such Offence shall be Committed and the other Third to him or them that shall Inform and Sue for the same And for preventing of Cruelty to Bruit Creatures It is further Enacted by the Authority aforesaid Crueky to bruit Creatures forbidden That all Calves Sheep or Lambs brought alive to the Market shall be either driven or carried in Carts Sleds Panyers or Boats and not otherwise on pain of Forfeiting of all Calves Sheep or Lambs passing towards or brought alive to the Market laid across or hanging by the sides of Horses as has been usual or in any other way contrary to the true Intent of this Act One half of all such Forfeitures to be unto the Informers who shall Seiz and Prosecute for the same and the other Moity to the use of the Poor of the Town where such Seizure shall be made to be distributed by the Select-men or Overseers of the Poor And all Select-men Overseers of the Poor Constables Tythingmen and other Officers in any Town upon their own view or Information of any Transgression of this Act within their respective Precincts shall and hereby are Impowred to Seiz or cause to be Seized all Calves Sheep or Lambs that shall be carrying or brought alive to the Market in any other way than is before Directed And upon due proof thereof made before one or more Justices of the Peace shall be Forfeited and the same or the value thereof be disposed of as aforesaid And all Veal or other Meat exposed to Sale that shall be blown up or winded shall be alike Forfeited and Disposed of An Act For Affirming of former Judgments and providing for Executions VVHEREAS upon Tryals had in the late Courts of Judicature within the several Colonies now by Their Majesties Royal Charter United and Incorporated into one Province by the name of the Province of the Massachusetts-Bay several Judgements were obtained of which Execution remains to be done and some others are depending by Appeal according to the course and practice of the Courts then in being To the end that there be no failure of Justice for want of a due course of Law for the Prosecuting Obtaining and Levying of the same Be it Enacted and Ordained by the Governour Council and Representatives Convened in General Court or Assembly and by the Authority of the same That where any Appeal as aforesaid is depending having not been heard every such Appellant shall have a Summons from the Clerk of the Superiour Court unto the adverse party to be Served upon him seven days inclusive before the Courts Sitting Requiring him to appear at the first Superiour Court to answer the said Appeal where the same shall be Heard and Tryed according to former Usage upon the first Evidence and no other And the Judgement to be Affirmed or Reversed as the Case shall there be Judged upon Tryal And if the Appellant neglect to Appear or Prosecute his Appeal the former Judgement shall be Affirmed and Execution Awarded accordingly And it is further Enacted by the Authority aforesaid That where Judgement has passed in any County Court or Court of Commissioners and Execution has not been Taken out and Levied for satisfying of the same the Party for whom any Judgement was so given his Executors or Administrators shall have a Writ of Scire Facias from the Clerk of the Inferiour Court of Pleas within the same County in which such Judgement was obtained unto the Adverse Party to appear before said Court to shew cause if any there be why Execution should not Issue forth And in case of Non Appearance or that sufficient cause be not shewn to the Court the former Judgement shall be affirmed and Execution granted accordingly the Costs of this Tryal to be added unto the same Provided that the said Writ of Scire Facias be Served seven days inclusive before the Courts Sitting And be it further Enacted by the Authority aforesaid That after one year Expired next after giving Judgement in any Court of Record within this Province No Execution after one year expired to be granted without a Scire facias no Execution for such Judgement shall be Issued out until a Writ of Scire Facias hath been Granted out of the same Court and Served upon the Adverse Party as is before directed or left by the Sheriff his Under-Sheriff or Deputy at his Dwelling or Place of usual and last Abode requiring him to appear and shew cause if any he have why Execution ought not to be done And upon his Non Appearance or not shewing of sufficient cause as aforesaid The Court shall thereupon Award Execution An Act For the Orderly consummating of Marriages BE it Ordained and Enacted by the Governour Council and Representatives in General Court Assembled and by the Authority of the same Justices or Ministers respectively to Solemnize Marriages That every Justice of the Peace within the County where he resides and every Setled Minister in any Town shall and are hereby respectively Impowred and Authorized to Solemnize Marriages within their Respective Towns and Counties betwixt Persons that may lawfully Enter into such Relation having the consent of those whose immediate care and Government they are under and being likewise first Published by asking their Banns at three several Publick Meetings in both the Towns where such Parties respectively
use of the Poor of such Town and to be Levied by Distress upon such Delinquent Constables Goods by Warrant from one Justice of the Peace being Convented and Convicted of such Neglect before him who is hereby thereto Impowred Provided nevertheless that every Constable at the end of every Three Months shall pay in as aforesaid so much as he shall have Collected within that time And it is further Enacted by the Authority aforesaid That the Select-men or Overseers of the Poor in each Town where there are such Chosen and specially Appointed for that Service are hereby Impowred and Ordered to take effectual care that all Children Youth Idle Persons and Loiterers to be Imployed Upon refusal to labour to be sent to the House of Correction and other persons of able Body living within the same Town or Precincts thereof not having Estates otherwise to Maintain themselves do not live Idly or mispend their time in Loitering but that they be brought up or imployed in some honest Calling which may be profitable unto themselves and the Publick And if any person or persons fit and able to work shall refuse so to do but loiter mispend his or her time wander from place to place or otherwise misorder themselves and thereof be Convicted before one or more Justices of the Peace such person or persons shall by such Justice or Justices be sent to the House of Correction and at their Entrance be whipped on the naked back by the Master of such House or such other as he shall procure not exceeding Ten Lashes and be there kept to hard Labour until he or she be discharged by such Justice or Justices or the Quarter Sessions of the Peace for the same County And it shall and may be lawful for the Overseers of the Poor or Select-men in each Town where there are no other persons specially Chosen and Appointed to be Overseers of the Poor Poor Children to be bound out Apprentices and they are hereby Ordered with the Assent of two Justices of the Peace to Bind any poor Children belonging to such Town to be Apprentices where they shall see convenient a Man Child until he shall come to the Age of Twenty One Years and a Woman Child to the Age of Eighteen Years or time of Marriage which shall be as effectual to all Intents and purposes as if any such Child were of full Age and by Indenture of Covenant had bound him or her self And it is further Enacted by the Authority aforesaid That every person and persons except as in this Act is before excepted being duly Chosen as aforesaid to Serve in the Office of Constable Penalty for not Serving in the Office of Constable who shall refuse to take the Oath to that Office belonging and to Serve therein if he be able in Person to Execute the same shall pay the Sum of Five Pounds to the use of the Poor of such Town And if in the Towns of Boston or Salem the Sum of Ten Pounds and shall forthwith declare his acceptance or refusal and the Town shall proceed to a new Choice and if such person refuse to pay down his Fine he shall be Convented before the next Sessions of the Peace to be held for that County in which such Town lieth who upon Certificate under the Hand of the Town Clerk or two or more of the Select-men that such person was Legally Chosen to the Office of Constable and shewing no just cause to the Sessions for his Excuse the Justices shall Order a Warrant to be Signed by the Clerk of the Peace directed to any of the Constables then in being within such Town to Levy the said Fine by Distress and Sale of such Offenders Goods returning the Over-plus if any be said Fine to be Delivered unto the Overseers of the Poor or Select-men to the Use of the Poor of such Town And be it further Enacted by the Authority aforesaid That if any person or persons come to Persons Entertained in any Town by the space of 3 months and not warned out to be reputed Inhabitants Sojourn or Dwell in any Town within this Province or Precincts thereof and he there Received and Entertained by the space of Three Months not having been warned by the Constable or other Person whom the Select-men shall Appoint for that Service to leave the place and the names of such persons with the time of their Abode there and when such warning was given them returned unto the Court of Quarter Sessions every such person shall be Reputed an Inhabitant of such Town or Precincts of the same and the proper Charge of the same in case through Sickness Lameness or otherwise they come to stand in need of Relief to be born by such Town Unless the Relations of such poor impotent person in the Line or Degree of Father or Grandfather Persons of Ability to releive their poor Relations Mother or Grand-Mother Children or Grand-Children be of sufficient ability then such Relations respectively shall Relieve such poor person in such manner as the Justices of the Peace in that County where such sufficient Persons Dwell shall Assess on pain that every one failing therein shall Forfeit Twenty Shillings for every Months Neglect to be Levied by Distress and Sale of such Offenders Goods by Warrant from any two such Justices of the Peace Quorum Unus within their Limits which shall be imployed to the Use and Relief of such impotent poor person PROVIDED nevertheless this Act shall not be understood of any persons Committed to Prison or lawfully Restrained in any Town or of such as shall come or be sent for Nursing or Education or to any Physician or Chirurgeon to be Healed or Cured but the particular persons who Receive and Entertain any such shall be the Towns Security in their behalf and be obliged to Relieve and Support them in case of need upon Complaint made to the Quarter Sessions who shall accordingly Order the same And it is further Enacted by the Authority aforesaid That any person orderly warned as aforesaid to depart any Town whereof he is not an Inhabitant and Neglecting so to do by the space of Fourteen Days next after such warning given Persons warned out of any Town to depart in 14 days or else to be sent by the Constable may by Warrant from the next Justice of the Peace be sent and conveyed from Constable to Constable unto the Town where he properly belongs or had his last Residence at his own Charge if able to pay the same or otherwise at the Charge of the Town so sending him And further it is Enacted by the Authority aforesaid That when and so often as there shall be occasion of a Town-Meeting for any Business of Publick Concernment to the Town there to be done Constables to warn Town-Meetings The Constable or Constables of such Town by order from the Select-men or major part of them or of the Town Clerk by their
the whole Case to said Court and each party shall be there allowed the benefit of any further Plea or Evidence And if upon any such new Plea or Evidence the Judgement happen to be Reversed and Appellant shall have no Costs Granted for the first Tryal Be it further Enacted and Ordained by the authority aforesaid Quarter Sessions of the Peace That there shall be Held and Kept in each Respective County within this Province yearly at the times and places hereafter named and expressed Four Courts or Quarter Sessions of the Peace by the Justices of the Peace of the same County who are hereby Impowred to Hear and Determine all Matters relating to the Conservation of the Peace and Punishment of Offenders and whatsoever is by them Cognizeable according to Law That is to say For the County of Suffolk at Boston on the first Tuesdays in March Junc September and December For the County of Plymouth at Plymouth on the third Tuesdayes in March June September and December For the County of Essex at Salem on the last Tuesdayes in June and December at Ipswich on the last Tuesday in March and at Newbury on the last Tuesday in September For the County of Middlesex at Charlstown on the second Tuesdayes in March and December at Cambridge on the second Tuesday in September and at Concord on the second Tuesday of June For the County of Barnstable at Barnstable on the first Tuesdayes in April July October and January At Bristol for the County of Bristol on the second Tuesdays in April July October and January For the County of York at York on the First Tuesdayes in April and July and at Wells on the first Tuesdayes in October and January and for the County of Hampshire at North-hampton on the First Tuesdayes in March and June at Springfield on the last Tuesdayes in September and December and that there be a General Sessions of the Peace Held and Kept at Edgar Town upon the Island of Capawock alias Martha's Vineyard and on the Island of Nantucket respectively upon the last Tuesday in March and on the first Tuesday of October yearly from time to time And it is further Enacted by the Authority aforesaid That at the times and places-before mentioned Courts of Common Pleas there shall be Held and kept in each Relpective County and Islands before-named within this Province an Inferiour Court of Common Pleas by four of the Justices of and Residing within the same County and Islands respectively to be appointed and commissionated thereto any Three of whom to be a Quorum for the hearing and determining of all Civil Actions arising or hapning within the same tryable at the common Law of what nature kind or quality soever and upon judgment given therein to award Execution Appeal to the Superiour Court PROVIDED nevertheless That it shall be in the Liberty of the party cast in any of the said Inferiour Courts to Appeal from the Verdict and Judgment given therein unto the next Superiour Court to be held within or for the same County the case there to be Tryed to a Final Issue Review Or by a new Process once and no more to review the said case in the same Court where it was first Tryed and within the space of ten days after judgment given upon such Tryall by review the party agrieved may bring his Wrirt of Error for a Tryall of the said Case at the next Superiour Court to be held within or for the same County there to receive a Final Issue and Determination PROVIDED also that the Party Appealing or bringing any Writt of Error as aforesaid shall first enter into Recognizance with sufficient Sureties before one or more of the Justices of the Court appealed from and upon Writt of Error before one or more of the Justices of the Superiour Court in double the value of the Debt or Damage recovered that he will prosecute the same Appeal or Writt respectively with effect and abide the Order of the Court no Appeal to be admitted after the time of the Courts Sitting nor after Execution Granted and the Party Appealing to bring the Copies of the whole Case unto the Superiour Court where each Party shall be allowed the benefit of any new and further Plea Evidence And if upon any such new Plea and Evidence the Judgement happen to be Reversed the Appellant shall have no Cost granted him for the first Tryal PROVIDED also That every Appellant as aforesaid shall give in a Declaration briefly setting forth the Reasons of his Appeal unto the Clerk of the Court Appealed from fourteen days inclusively before the Sitting of that Court where such Appeal is to be Tryed And it is further Enacted by the authority aforesaid That there shall be a Superiour Court of Judicature over this whole Province Superiour Court to be Held and Kept annually at the Respective Times and Places hereafter mentioned by one Chief Justice and four other Justices to be Appointed and Commissionated for the same Three of whom to be a Quorum who shall have Cognizance of all Pleas Real Personal or Mixt as well in all Pleas of the Crown and in all Matters Relating to the Conservation of the Peace and Punishment of Offenders as in Civil Causes or Actions between Party and Party and between Their Majesties and any of their Subjects whether the same do Concern the Realty and Relate to any Right of Freehold and Inheritance or whether the same do concern the Personalty and Relate to matter of Debt Contract Damage or Personal Injury and also in all Mixt Actions which may Concern both Realty and Personalty and after Deliberate Hearing to give Judgment and Award Execution thereon The said Superiour Court to be Held and Kept at the times and places within the Respective Counties following That is to say within the County of Svffelk At Boston on the last Tuesdayes of April and October Within the County of Middlesex at Charistewn on the last Tuesdayes of July and January Within the County of Fssex at Salem on the Second Tuesday of November and at Ipswich on the Second Tuesday of May. Within the Counties of Plimouth Barnstable and Bristol At Plimouth on the last Tuesday of February and at Bristol on the last Tuesday of August And be it further Enacted by the authority aforesaid That the Tryal of all Civil Causes by Appeal or Writ of Error from any of the Inferiour Courts within the Respective Counties of York or Hampshare the Islands of Capawock alias Martha's-Vineyard and Nantucket shall be in the Superiour Court to be Held at Boston or Charlstown And further it is Enacted That when Court of Assize General Goal Delivery and in what County soever the said Superiour Court shall Sit the Justices thereof shall Hold a Court of Assize and General Goal Delivery for the said County at the same time as occasion shall be And there shall be Held and Kept a Court of Assize and General
if any person or persons upon whom any Process out of any Court of Record shall be Served to Testifie or Depose concerning any Cause or matter Depending in any of the same Courts and having tendred unto him or them such reasonable Sums of Mony for his or their Costs and Charges as having regard to the distance of the places is necessary to be allowed in that behalf do not appear according to the Tenor of the Process having no lawful or reasonable Let or Impediment to the contrary Penalty for Non-appearance that then the party so making Default shall for every such Offence Lose and Forfeit Forty Shillings and shall yield such further Recompence to the Party grieved as by the Discretion of the Justices of the Court out of which such Process Issued shall be Awarded according to the Loss and Hindrance that the Party which procured the said Process shall sustain by reason of the Non Appearance of the said Witness or Witnesses the said several Sums to be Recovered by the Party so grieved against the Offender or Offenders by Action of Debt Bill Plaint or Information in any of Their Majesties Courts of Record in which no Wager of Law Essoign or Protection to be Allowed Justices may Grant Summons Capias or Attachment It is further Declared and Enacted by the authority aforesaid That every Justice of the Peace may Grant Summons Capias or Attachment in all Civil Actions Triable before him An Act Requiring the Taking the Oaths appointed to be taken instead of the Oaths of Allegiance and Supremacy WHEREAS Their Royal Majesties in and by Their Charter for the Erecting and Incorporating of Their Province of the Massacausests-Bay in New-England Have Granted and Ordained That the Governour or Lievtenant or Deputy Governour of Their said Province or Territory for the time being or either of them or any Two or more of the Council or Assistants for the time being as shall be thereunto appointed by the said Governour shall and may at all times and from time to time have full Power Authority to Administer Give the Oaths appointed by an Act of Parliament made in the First Year of Their present Majesties Reign Entituled An Act for the Abrogating of the Oaths of Allegiance and Supremacy and appointing other Oaths to be taken stead of the Oaths of Allegiance and Supremacy to all and every person and Persons which are now Inhabiting or Residing within the said Province or Territory Or which shall at any time or times hereafter go or pass thither Now to the Intent that there be no failure herein but that Their Majesties Subjects within this Their Province may accordingly Recognize their Duty and Allegiance BE it Enacted and Ordained by His Excellency the Governour Council and Representatives in General Court Assembled And by the Authority of the same That the Oaths in said Act mentioned and thereby appointed to be taken in stead of the Oaths of Allegiance and Supremacy All male persons of 18 years and upwards to take the oaths and each of them be and shall be forthwith Administred and given unto all Male persons of the Age of Eighteen Years or above Inhabiting or Residing in any Town or Place within this Province that have not already taken the same and shall make it so appear by his Excellency the Governour or the Lievtenant or Deputy Governour or any two or more of the Council or Assistants or such others as shall be thereunto appointed by the Governour and the List of the Names of all persons so Sworn to be returned into the Secretary ' s Office And be it further Enacted by the Authority aforesaid That if any person or persons shall refuse to take the said Oaths Penalty for refusing or either of them when tendered to him or them by any persons lawfully Authorized as is aforesaid to Administer or Tender the same the person or persons so Tendering the said Oaths or either of them shall commit the said person and persons so refusing to the Common Goal or House of Correction there to remain without Bail or Mainprize for the space of Three Months Unless such Offender shall pay down to the said person or persons so Tending the said Oaths or either of them such Sum of Money not exceeding Forty Shillings as the said person or persons so Tendring the said Oaths or either of them shall require such Offender to pay for his said refusal which Money shall be paid to the Select-Men or Overseers of the poor of the Town or place where such Offender did last inhabit AND Unless every such Offender shall also become bound with two Sufficient Sureties with Condition to be of the Good Behaviour and also to appear at the next General Quarter-Sessions of the Peace to be held for the fame County where such Offender doth Inhabit or Reside at which Court of Quarter Sessions the said Oaths shall be again Tendered to every such Offender by the Justices of the said Court in open Sessions And if the said Offender shall refuse to take the said Oaths or either of them when Tendred to him by the said Justices in open Sessions as is aforesaid the said Justices Tendring the said Oaths shall Commit the said Person and Persons so refusing to the Common Goal or House of Correction there to remain for the space of six Months unless every such Offender shall pay down to the Justices so Tendring the said Oaths such Sum of Money not exceeding Ten Pounds nor under Five Pounds as the said Justices shall require such Offender to pay for his Second Refusal the said Money to be disposed of in manner aforesaid and unless every such Offender shall likewise become bound with Two Sufficient Sureties with Condition to be of the good Behaviour until he or they do take the said Oaths And whereas there are certain persons who scruple the taking of any Oath Be it Enacted by the Authority aforesaid That every such Person shall Make and Subscribe the Declaration of Fidelity following viz. I A. B. Do sincerely Promise Declaration of fidelity and solemnly Declare before God and the World That I will be True and Faithful to King WILLIAM and Queen MARY And I do Solemnly Profess and Declare that I from my Heart Abhor Detest and Renounce as Impious and Heretical that Damnable Doctrine and Position That Princes Excommitted cated or Deprived by the Pope or any Authority of the SEE of ROME may be Deposed or Murdered by their Subjects or any other whatsoever And I do Declare that no Forreign Prince Person Prelate State or Potentate hath or ought to have any Power Jurisdiction Superiority Preheminence or Authority Ecclesiastical or Spiritual within the Realm of Engiand or any of Their Majesties Dominions An Act For the Establishing of Form's of Oaths BE it Declared and Enacted by the Governour Council and Representatives in General Court Assembled And hy the Authority of the same That the several Forms of Oaths
shall Nominate and Appoint two or more fitt persons to be Commissioners with full power to receive and Examine all Claims of the several Creditors and how they are made out And such Commissioners shall cause the time and place for their Meeting to attend the Creditors to be Published and made known by posting up the same in some Publick places in the Shire Town of that County where such Deceased person last dwelt and of the two next adjoyning Countys And Six or Twelve Moneths time as the Circumstances of any Estate may require shall be allowed by the judge unto the Creditors for the bringing in of their Claims and proving their Debts at the end of which Limited time such Commissioners shall make their report and present a List of all the Claims unto the said Judge who shall Order them meet Recompence out of the Estate for their Care and Labour in that affair as also shall Order the Sickness and necessary Funeral Expences of the Deceased to be first paid and the Residue and Remainder of the Estate to be paid and distributed to and among the Creditors The Widows Dower saved that shall have made out their Claims in due proportion to the Sums to them respectively Owing according as the Estate will bear saving unto the Widow if any be her right of Dower according to Law in Houses and Lands of the Deceased the Widows Dower at the Expiration of her Term to be distributed among the Creditors in a like Proportion And no Process in Law shall be allowed against the Executors or Administrators of any such Insolvent Estate so long as the same shall be depending as aforesaid And whatsoever Creditor shall not Enter and make out his or her Claim with such Commissioners before the full Expiration of the Limited time such Person shall for ever after be debarred of his or her Debt unless he or she can find some further Estate of the Deceased not before Discovered and put into the Inventory Further it is Enacted and Ordained by the Authority aforesaid That Every Judge for Probate of Wills and granting Administrations The Judge of Probate Impowred to Administer an Oath to persons suspected of Concealment within the Respective Countys be and hereby are fully Authorized and Impowred to Require and Administer an Oath to any Person or Persons Suspected to have Concealed Imbezelled or Conveyed away any of the Money Goods or Chattels left by any Person or Persons deceased for the Discovery of the same An Act For Regulating the Assize of Cask and preventing Deceit in Packing of Fish Beef and Pork for Sale BE it Ordained and Enacted by the Governour Council and Representatives in General Court assembled and by the Authority of the same That from and after the First Day of December next all Sorts and Kinds Assize of Cask of Thight Cask used for any Liquor Fish Beef Pork or any other Commodities within this Their Majesties Province shall be of London Assize That is to say Butts to contain One Hundred and Twenty Six Gallons Gagers to be appointed Cask to be markt by the Gager his Fee Every Coeper to have a distinct brand Mark Puncheons Eighty Four Gallons Hogsheads Sixty Three Gallons Tearses Forty Two Gallons Parrels Thirty one Gallons and a Half And made of sound well seasoned Timber and free of Sap. And that fit Persons be appointed from time to time in all places needful to View and Gage all such Cask and such as shall be found of due Assize shall be Marked with the Gagers Mark who shall have for his Pains Four pence Per Tunn and every Cooper shall set his distinct Brand-Mark on his own Cask on Penalty of Forty Shillings And whosoever shall put to Sale any New Cask Defective Cask to be Forfeited being defective either in Workmanship Timber or Assize as aforesaid upon Proof thereof made before one Justice of the Peace he shall Forfeit such Cask and be Fined the Sum of Ten Shillings And be it further Enacted by the Authority aforesaid Quarter Sessions to appoint gagers and packers and Swear them Penalty of Refusal That the Justices of the Peace at their First General Quarter Sessions to be holden in each Respective County within this Province shall Yearly in every Town needful thereof Choose and Appoint a fit Person or Persons to be Gagers and Packers and them to Swear to the Due Execution of their Office which if any Person so appointed shall refuse he shall pay the Sum of Forty Shillings and another shall be Chosen and Appointed in his stead And every Gager and Packer shall take care that all Cask in which he Packs Beef Pork Mackarel Ten Shilings penalty for packing in any Cask under Assize Fish or other Goods committed to his care be of true and full Assize and that he Pack the same in no other Cask whatsoever on penalty of Ten Shillings for every Cask by him Packed that is or shall be defective in that Respect And if any of the beforementioned Provisions shall be packed into Half Barrels or Firkins the same shall be made in Proportion to the Assize aforesaid and be marked by the Packer And for the preventing of Fraud and Deceit in the Packing of Pickled Fish Beef and Pork to be put to Sale Be it further enacted by the authority aforesaid The whole half quarter of meat to be put up and not the best left out Fish to be all of one kind That in every Town where such Goods are Packt up for Sale the Gager or Packer of such Town or of the Town wherein they are put to Sale or Shipped shall see that it be well and orderly Performed that is to say Beef and Pork the whole Half and Quarter and so proportionably that the best be not left out and so Fish and Mackarel that they be Packed all of one kind that all Casks so packed be full and the Fish found and well Seasoned Setting his Seal on all Cask so packed Four Shilper Ton for packing and Sealing and he shall recieve of the owners for so Packing and Sealing Four Shillings Per Ton. And if any such provisions be put to Sale or Shipped offwithout the Packers mark they shall be Forfeited And it is further Enacted That all sorts of green or pickled Fish Fish and Flesh for Transportation to be Searched and Repacked by the Packer Penalty on Masters and Matiners taking any Provisions a Board Unsealed Sturgeon or Flesh that shall be put up for Transportation to a Forreign Market shall be Searched Surveyed and approved by a Sworn Packer who shall take strict care that the same be put up in Tight Cask of Full Gage Salted with Suitable Salt And such as shall be so saved and for its Condition found Merchantable and full the Packer shall Seal with such Brand-Mark as shall be assigned to the Town and such other Cut-Mark added as may denote the Sort of Provision and
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
Goal Delivery for the Respective Counties and Places of York Hampshire the Islands of Capaweek alias Martha's-Vineyard and Nantucket within the same from time to time as the Governour and Council advising with the Justices of the Superiour Court shall Direct and Appoint according as occasion may be And it is further Enacted by the authority aforesaid Plaintiffs liberty to begin his Suit in the Inferiour or Superiour Court That it shall be in the Liberty of any Plaintiff to begin his Suit either in the Inferiour or Superiour Court at his pleasure and where the Original Process is made out of the Superiour Court the Party Cast shall have Liberty to Review his Case in the said Superiour Court once and no more PROVIDED Nevertheless That none of the said Inferiour Courts shall Receive any Action under the value of Forty Shillings nor shall any Action under the value of Ten Pounds be brought into the Superiour Court unless where Freehold is concerned No Action under Ten Pounds to come originally to the Superiour Court or upon Appeal And it is further Enacted by the Authority aforesaid That all Matters and Issues in Fact arising Matters of Fact to be Tryed by a Jury or happening within the said Province shall be Tryed by Twelve Good and Lawful Men of the Neighbourhood And that no person or persons shall be Chosen and Returned to Serve upon any such Jury but such as shall have a Real Estate of Freehold worth Forty Shillings per Annum or Personal Estate worth Fifty Pounds And for the more equal returning and appearance of Jurors to Serve in the several Courts It is Enacted by the Authority aforesaid That the Clerk of each Court respectively in convenient time Jurors how to be Chosen before the Sitting of such Coust shall Issue out Warrants directed to the Constables of the several Towns within the County or Jurisdiction of said Court or the most principal of them to Assemble the Frecholders and other Inhabitants of each several Town qualified as aforesaid to Serve as Jurors Requiring them to Choose so many good and lawful Men as the Warrant shall direct for Grand and Petit Jurors to serve at such Court and the Constable shall Summon the Persons so Chosen to attend accordingly at the time and place appointed and make timely Return of his Warrant unto the Clerk that Granted the same And no Person Serving as a Justice Juror Witness or otherwise shall be obliged to use any other Ceremony in taking of their Respective Oaths then lifting up the Hand as has been accustomed And be it further Enacted by the Authority aforesaid All Processes and Writs to Issue forth in Their Majesties Names Town-Clerk to grant Attachments for Cases triable before one Justice and Summons for Witnesses That all Processes and Writs shall Issue out of the Clerks Office of the said Respective Courts in Their Majesties Names under the Seal of the said Office and Signed by the Clerk and be directed to the Sheriff or Marshal of the County his Under-Sheriff or Deputy And where the Sum Sued for is under Ten Founds to direct also to the Constable of the Town PROVIDED Nevertheless That Replevins Summons and Attachments for any matter or cause Tryable before one Justice of the Peace and Summons for Witnesses in civil Cases may be Granted by the Town Clerk and directed to the Constable of such Town or to the Party to be Summoned for Witness And the Clerk of each Town respectively within this Province is hereby Impowred to Make and Grant such Writs and Processes as aforesaid and the Constable or Constables of such Town are Required to Execute them And all Procenes for Appearance as well in the Inferiour Court of Pleas as the Superiour Court of Judicature shall be Served and Executed fourteen days before the Sitting of such Court wherein such Writs shall be returnable and that all proper Original Processes in the said Courts shall be Summons Capias or Attachment And in case upon any such Summons duly Served and Affidavit thereof made in Court the Defendant do not appear by himself or his Attourney lawfully Authorized Judgment shall pass against him by Default And it is further Enacted and Declared by the Authority aforesaid That the Justices of the said several Courts be and hereby are Impowred to make necessary Rules and Orders for the more orderly practising and proceeding in said Courts Justices of Courts to make necessary Rules Orders and that no Summons Process Writ Judgment or other Proceeding in Courts or course of Justice shall be abated arrested or reversed upon any kind of Circumstantial Errors or Mistakes where the person and case may be rightly understood and intended by the Court nor through defect or want of form only And all Writs Processes Declarations Pleas Answers Replications and Entries in all the said Courts shall be in the English Tongue and no other And that it shall be in the Liberty of every Plaintiff or Defendant in any of the said Courts to Plead and Defend his own Cause in his proper person or with the Assistance of such other as he shall procure being a person not Scandalous or otherwise offensive to the Court. And it is hereby further Enacted by the authority aforesaid That there be a High Court of Chancery within this Province Court of Chancery who shall have Power and Authority to Hear and Determine all Matters proper and Cognizeable to said Court not Relievable by common Law the said Court to be Holden and Kept by the Governour or such other as He shall Appoint to be Chancellor Assisted with Eight or more of the Council who may appoint all necessary Officers to the said Court which said Court shall Sit and be Held at such times and places as the Governour or Chancellor for the time being shall from time to time Appoint PROVIDED Nevertheless That the Justices in any of the Courts aforesaid where the Forfeiture of any Penal Bond is found shall be and hereby are Impowred to Chancer the fame unto the just Debt and Damages Provided also Appeal to Their Majesties in Council That either Party not resting satisfied with the judgment or Sentence of any of the said Judicatories or Courts in personal Actions where in the matter in Difference doth exceed the value of Three Hundred Pounds Sterling and no other may Appeal unto Their Majesties in Council such Appeal being made in time and Security given according to the Directions in the Charter in that behalf And it is further Enacted by the authority aforesaid That Two Shillings Per Diem shall be accounted due satisfaction to any Witness for his Travel and Expences Witnesses allowance and no more to be allowed in civil Causes and if such Witness live within Three Miles of the Place of the Courts Sitting whereto he is Summoned and be not to pass any Ferry then One Shilling and Six-pence Per Diem shall be accounted sufficient And
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
Dwell Publishment how to be made or by Posting up their Names and Intention at some publick place in each of the said Towns fairly written there to stand by the space of Fourteen Days and producing Certificate of such Publishment under the Hand of the Town Clerk or Constable of such Towns respectively Fee for Marriage c. And the Fee to be paid for every Marriage shall be Three Shillings and for Publishment and Certificate thereof One Shilling And be it further Enacted That whoever shall presume to deface or pull down any such Publishment Penalty for pulling down publishments posted up in Writing before the Expiration of the time shall be Fined to the use of the Poor of the Town the Sum of Ten Shillings being Convicted thereof before one or more Justices of the Peace And if the Party be unable to pay the said Fine then to be Set in the Stocks one whole Hour And every Justice and Minister shall keep a particular Register of all Marriages Solemnized before any of them Marriages to be Registred and make a Return thereof at the end of each Quarter of a year unto the Clerk of the Sessions of the Peace within the same County to be by him Registred who is hereby Impowred thereto and shall be paid by every such Justice and Minister Three-Pence for each Marriage so Returned And it is further Enacted by the Authority aforesaid That all Controversies concerning Marriage and Divorce Divorce shall be Heard and Determined by the Governour and Council An Act For the Setlement and Support of Ministers and School-Masters 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 Inhabitants of each Town within this Province shall take due care from time to time to be constantly provided of an Able Learned Orthodox Minister or Ministers of good Conversation to Dispense the Word of God to them which Minister or Ministers shall he suitably Encouraged and sufficiently Supported and Maintained by the Inhabitants of such Town Contracts Agreements to be made good And all Contracts Agreements and Orders heretofore made or that shall hereafter be made by the Inhabitants of any Town within this Province respecting their Ministers or School-Masters as to their Settlement or Maintainance shall remain good and valid according to the true Intent thereof the whole time for which they were or shall be made in all the particulars thereof and shall accordingly be pursued put in Execution and Fulfilled And where there is no Contract and Agreement made in any Town respecting the Support and Maintainance of the Ministry or when the same happens to be Expired and the Inhabitants of such Town shall neglect to make suitable provision therein Upon Complaint thereof made unto the Quarter Sessions of the Peace for the County where such Town lies Neglect of making suitable provision for Ministers to be redressed by the Quarter Sessions The Court of Quarter Sessions to take care that no Town be destitute of a Minister the said Court of Quarter Sessions shall and hereby are Impowred to Order a Competent Allowance unto such Minister according to the Estate Ability of the Town the same to be Assessed upon the Inhabitants by Warrant from the Court directed to the Select-men who are thereupon to proceed to make and proportion such Assessment in manner as is directed for other Publick Charges and to cause the same to be Levied by the Constables of such Town by Warrant under the Hands of the Select-men or of the Town Clerk by their Order Be it further Enacted by the authority aforesaid That where any Town shall be destitute of a Minister qualified as aforesaid and shall so continue by the space of six Months not having taken due care for the procuring Setling and Encouragement of such Minister the same being made to appear upon Complaint unto Their Majesties Justices at the General Sessions of the Peace for the County the said Court of Quarter Sessions shall and hereby are Impowred to make an Order upon every such defective Town speedily to provide themselves of such Minister as aforesaid by the next Sessions at the furthest and in case such Order be not complied with then the said Court shall take effectual care to procure and Settle a Minister qualified as aforesaid and Order the Charge thereof and of such Ministers Maintainance to be Levied on the Inhabitants of such Town And it is further Enacted by the Authority aforesaid That the Respective Churches in the several Towns within this Province shall at all times hereafter Use Exercise and Enjoy all their Priviledges and Freedoms respecting Divine Worship Churches to enjoy their Priviledges Freedoms Church-Order and Discipline And shall be Encouraged in the peaceable and regular Profession and Practice thereof And further it is Enacted That every Minister being a person of good Conversation Able Ministers Chosen by the major part of the Inhabitants to be the Minister of such Town Learned and Orthodox that shall be Chosen by the major part of the Inhabitants in any Town at a Town-Meeting duly warned for that purpose notice thereof being given to the Inhabitants fifteen days before the time for such Meeting shall be the Minister of such Town and the whole Town shall be obliged to pay towards his Settlement and Maintainance each man his several proportion thereof And it is further Enacted by the Authority aforesaid That every Town within this Province School for Reading and Writing Grammar School having the Number of Fifty House-holders or upwards shall be constantly provided of a School-Master to Teach Children and Youth to Read and Write And where any Town or Towns have the number of One Hundred Families or Housholders there shall also be a Grammar School set up in every such Town and some discreet person of good Conversation well Instructed in the Tongues procured to keep such School Every such School-Master to be suitably Encouraged and Paid by the Inhabitants And the Select-men and Inhabitants of such Towns respectively shall take effectual care and make due provision for the Settlement and Maintenance of such School-Master and Masters School-masters to be Supported And if any Town Qualified as before exprest shall neglect the due Observance of this Act for the Procuring Settling of any such School-Master as aforesaid by the space of one year Every such Defective Town shall incur the penalty of Ten Pounds for every Conviction of such Neglect Penalty for Neglect upon Complaint made unto Their Majesties Justices in Quarter Sessions for the same County in which such Defective Town lieth which penalty shall be toward the Support of such School or Schools within the same County where there may be most need at the discretion of the Justices in Quarter Sessions to be Levied by Warrant from the said Court of Sessions in proportion upon the