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A52200 Acts and laws, passed by the Great and General Court or Assembly of His Majesties province of the Massachusetts-Bay, in New-England begun at Boston the twenty-ninth day of May, 1695, and continued by several adjournments until Wednesday the twentieth of November following.; Laws, etc. Massachusetts. 1695 (1695) Wing M954B; ESTC W7950 7,205 13

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answer and satisfy the Fine imposed by Lew for such Transgression together with the Charge of Prosecution or that shall not pay such Fine and Charges and likewise give Bond for the good Behaviour if it be a second Conviction within the space of twenty four hours next after Sentence declared in that respect It shall and may be lawful to and for two Justices of the Peace or the Court before whom the Conviction shall be to Order such Offender to be openly Whipt with so many Stripes as in their Discretion shall be thought fit not less than Ten nor exceeding Fifteen for one Offence And to Restrain the Offender in Prison until the Fine and Charges as aforesaid are paid or the Order for Corporal Punishment be Executed And be it further Enacted by the Authority aforesaid Officers power to seiz drink found in unlicensed houses That it shall and may be lawful to and for any Grand-jurors Constable Tithing men and the Officers imployed in and about the Excise Ex Officio to enter into the House and Dependencies thereof of any such person as aforesaid suspected of Selling Strong Drink without Licence having once been Convicted thereof and taking with them such assistance as they shall think needful to make search for Strong Drink and finding any quantity of any kind of the Drinks herein before mentioned to seiz and secure the same so as it be within the space of one year next after such Conviction and to Inform thereof at the next General Sessions of the Peace to be holden within the same County or unto two Justices of the Peace Quorum Unus within the same And if the quantity of Drink so seized shall be judged by such Court or Justices to be more than for 〈…〉 use of the Family and what their condition may reasonably allow them to Expend or otherwise to have in their Custody It shall and may be lawful to and for such Court or Justices to declare all such Drink to be Forfeited one Moiety thereof unto the Party that Seized and Informed of the same and the other Moiety to the Select-men or Overseers of the Poor of the Town where it was Seized to the use of the Poor there and to Order the Disposal thereof accordingly Appeal from the Sentence of two Justices Provided nevertheless That any person agrieved at the Sentence of any two Justices for either of the Offences before-mentioned may Appeal there-from unto the next General Sessions of the Peace within the same County Provided such Appeal be claimed in due time and Security given in manner as the Law in such cases directs An Act For the further Continuance of several Acts relating to the Prosecution of the War BE it Enacted by the Lieutenant Governour Council and Representatives in General Court Assembled and by the Authority of the same Prosecution of the Indian Enemy c. That the Act Excluded 〈◊〉 Act For the Continuation of several Acts therein mentioned that are near Expiring made and passed at the Session of this present General Assembly begun and held at Boston the Twenty-ninth Day of May last past namely An Act For the Prosecution of the Indian Enemy and Rebels and Preserving such as are Friends with the several Proviso's and Additions thereto in the said Act of Continuation Expressed shall be and hereby are revived and further continued to be Repeal of the Saving in Hampshire remain and abide in full force unto the end of the first Session of the next General Assembly to be begun and held on the last Wednesday of May One Thousand Six Hundred Ninety Six and no longer Provided nevertheless That the Saving in the said Act for Prosecution of the Indian Enemy c. referring to the County of Hampshire shall be Indians found within 5 miles on the East side or 20 miles on the West side of Connecticut River to be held as Enemies and hereby is Repealed And it is further Enacted That all Indians who shall be found within five miles of Connecticut River on the Easterly side thereof or within twenty miles on the Westerly side of the same shall be deemed and accounted to be Enemies and treated as such and the same Reward and Allowance shall be made and given to any of His Majesties subjects that shall kill or take and bring in Prisoners any Indian or Indians found within the said Limits as by the said Act and the Act for Continuation thereof is ordered and directed for any that shall be killed or taken within other parts of this Province during the continuance of said Acts. And be it further Enacted by the Authority aforesaid That the other Act mentioned in the said Act of Continuation namely Assistance to be given to the Province of Hampshire The Act Entituled An Act For the giving Succours and Assistance to the Neighbouring Provinces and Colonies against His majesties Enemies to extend only unto Succours and Assistance for the Province of New Hampshire as need may require and the Governour with the advice and consent of the Council shall direct and order Be and hereby is Revived and further Continued to be remain and 〈…〉 the ●nd of the first Session of the next General Assembly to be begun and held on the last Wednesday in May One Thousand Six Hundred Ninety six and no longer An Act For taking of Affidavits out of Court FORASMUCH as it is often necessary That Witnesses in Civil Causes be Sworn out of Court when by reason of their going to Sea living more than Thirty Miles distant from the place where the Cause is to be Tryed Age Sickness or other Bodily Infirmity they are rendred uncapable of Travail and appearing in Person at the Court. To the intent therefore that all Witnesses may indifferently testify their certain knowledge and the whole truth in the Cause they are to speak unto Be it Enacted by the Lieutenant Governour Council and Representatives in General Court Assembled and by the Authority of the same Adverse party to have notification That for either of the Reasons before mentioned and not otherwise every Justice of the Peace or others lawfully Commissionated and Impowred thereto by two or more of the Justices of the Superiour or Inferiour Court respectively may take Affidavits out of Court so as a Notification with reasonable time be first made out and delivered to the adverse Party if within twenty miles of the place or left at the place of his Dwelling or usual Abode to be present at the time of taking such Affidavit if he think fit and every such Witness shall be carefully Examined and Cautioned to testify the whole truth and being Sworn No person interested or the Attourney to write Affidavits the Justice shall attest the same with the day month and year of the Caption thereof and that the adverse party was present if so or that a Notification was sent him and shall Seal up the Testimony and deliver it to the