i i I iipil!l iiiliii Hii:iiii^

liiiljiiiiiiiiiiligss^^SiB

i iiiii li iiisisiiaiiiiiia

^c

■>T,

'^^^

^%

THE

ACTS AND RESOLVES,

PUBLIC AND PRIVATE,

Province of the Massachusetts Bay:

TO WUICII AHE PREFIXED

THE CHARTERS OF THE PROVINCE.

HISTORICAL AND EXPLANATORY NOTES, AND AN APPENDIX.

PUBLISnSD UNDER CnAITEB 87 OF THE RE80I.VR8 OF TUB GENERAL COCRT OF THE 0>MM0NWEA1.T1I KOU THE YEAK 1807.

Volume IV.

BOSTON:

RAND, AVERY, & CO., PRINTERS TO THE COMMONWEALTH, 117 Fkanklin Street. * 1881.

ACTS

Passed 1757 — 58.

[3]

ACTS

Passed at the Session begun and held at Boston, ON the Twenty-fifth day of May, A. D. 1757.

CHAPTEK 1.

AN ACT FOR ERECTING THE DISTRICT OF DANVERS INTO A TOWN- SHIP BY THE NAME OF DANVEKS.

"Whereas, in the twenty-fourth year of his present majesty's reign, Disallowed by the village parish and middle parish, so called, in the town of Salem, ciu Aug?io°""' were erected into a district ; and, by the act for their incorporation the}' ^"^^• were enjoined to do the duties that are enjoined on other towns and jJjT^ ^ -.4 enjoy all the powers, priviledges and immunities that towns in this province by law enjoy, except that of seperately choosing and sending one or more representatives to represent them at the general assembly, which exception has been found burthensome and inconvenient, — Be it therefore enacted by the Council and Ilouse of Representatives^ That the said district be and hereby is erected into a township by Danversa the name of Danvers, according to the boundaries of said district ; and ^^^ p* that the inhabitants of said district be and hereby are vested and endowed with all the powers, priviledges and immunities that the inhab- itants of the towns within this province are or b}' law ought to be vested or endowed with. [Passed! and published June 16.*

" "With respect to the following Act pass'd in June 1757 and entitled An Act for erecting the District of Danvers into a Township by the name of Danvers,

We beg leave to acquaint Yonr Lordships that the sole object of it is, as appears ty the Preamble, to give the Township of Danvers the privilege of sending a Representative to the General Assembly: That tbis practice of erecting new Towns and vesting them with this privilege, ha\ing formerly by its frequency been found to produce many inconveniences and particularly that of'continually increasing the number of Representatives, His Majesty was graciously pleased, in the year 1743, to give an Instruction to his Governor of the Massachusetts Bay forbidding him to give his assent to any Act of that nature, without a Clause therein inserted, sus- pjending the execution of such Act, until it should receive His Majesty's Approba- tion. That Instruction has been continued to Thomas Pownall Esq''<= His Majesty's present Governor, and as this Act has been passed in contradiction to the said Instruction, We are humbly of opinion that it should receive His JMaj'y* disappro- bation."— Report of the Board of Trade to the I^ords qf (he Committee of the rrivy Council, July 31, 1759: "Mass. Buy, B.T.," vol. 85, p. 11, in Public-Record Office.

• Signed June 9, according to the record.

[5]

Province Laws. — 1757-58. [Chap. 2.]

CHAPTEE 2.

AN ACT FOR APPORTIONING AND ASSESSING THE SUM OF EIGHTY- ONE THOUSAND THREE HUNDRED EIGIITY-SIX POUNDS THIRTEEN SHILLINGS AND FOURPENCE ; AND ALSO FOR APPORTIONING AND ASSESSING A FURTHER TAX OF THREE THOUSAND FIVE HUN- DRED AND SEVENTY-ONE POUNDS FIFTEEN SHILLINGS, PAID THE REPRESENTATIVES FOR THEIR SERVICE AND ATTENDANCE IN THE GENERAL COURT, AND FOR THEIR TRAVEL, AND FOR FINES LAID UPON TOWNS THAT HAVE SENT NO PERSONS TO REPRESENT THEM AT THE GENERAL COURT THIS YEAR.

Whereas the great and general court or assembly of this province 1755-56, chap. 4, did, at tlicir session in May, one thousand seven hundred and fift3'-five, \ levy a tax of fourteen thousand pounds ; and in March, one thousand

§ 1^"' '*^ ^P* ' seven hundred and fift^'-six, levy a tax of six thousand and three hun- 1756-57, chap. 3, drcd pouuds ; and at their session in May following, did levy a further *_^' ^ tax of thirty-two thousand pounds; and iu April last did pass one

ii|6.57,chap.37, Qj^j^gj. ^^^^ f^j. levying a tax of thirteen thousand five hundred pounds; and by said acts provision was made that the general court, at this present session, might apportion the same on the several towns, dis- tricts, parishes and places within the province, if they thought fit ; and 1757-58, chap. 3, whereas, the general court, at this session, have levied a further ^^' tax of fifteen thousand and two hundred pjunds, and a tax of three

1755-56, chap. 32, hundred eiglit3'-six pounds thirteen shillings and fourpence upon the ^^' town of Sherburn on Nantucket for not sending twenty-nine men into

the service, making, in tlie whole, eighty-one thousand three hundred eighty-six pounds thirteen shillings and fourpence ; wherefore, for the ordering, directing and eifectual drawing in the sum of cighty-onc thousand three hundred eighty-six pounds thirteen shillings and four- pence ; we, his majesty's most loyal and dutiful subjects, the repre- sentatives in general court assembled, pray that it may be enacted, —

And be it accordingly enacted by the Council and House of Repre- sentatives^

[Sect. 1.] That each town, district, parish cr place within this province be assessed and pay, as such town, district, parish and place's proportion of the sum of eighty-one thousand three hundred and cight3'-six pounds thirteen shillings and four|)ence, and their rep- resentatives' pay and fines, the sum of three thousand five hundred and sevent3'-one pounds fifteen shillings, the several sums following ; that is to say, —

[1st Sess.] Province Laws.— 1757-58.

<0O05C<3O05O<riOOO«DO«>©WO05

o

<2tOlO«5t^>0^f^O(MO<N>C©C^-^i0 05

i

t— «l-H i-Hf— If— .t— < i-H»— »

eooc^^^^-0 55'M•*c<lO--oocc■M'^>o;

po

OOl^OtMOCCO — (M«0'M'0'1<a2(>? — COXS

e^t^ t^T!(<aoioo50cooiMc<5'.ioor-ii-i!Meo

TO

?3

SJ

^

f ■!=;«■■» i"

en shill

ninepe rcepcnc linepeni spence,

sLxpenc

nee, . nee, . threepe ence, .

ghte

and

dth ind I nini

and

ixpe ixpe and

inep

ighty-four pounds ei

ds sixteen shillings, juiids five shillings nds live shillings an lids seven shillings n liftcen shillings and leven shillings, seventeen shillings s ten shillings, , two shillings, .

1 two shillings and s: ive shillings, s ten shillings and s s two shillings, . s fourteen shillings s six shillings, . nine shillings and n

■<

H O

H

S

« c~s — cnox. -3-/J i2~'~-r — "S^i

CO

thousand three hund

P

ndred seventy-six po ndred and sixty-nine idrcd twenty-seven p ndred eighty-seven p( ilrcd thirty-five i)oiiii dred nineteen jxiundf led twenty-twi) poun ndrcd sixty-four pou red twenty-two jioun ilrcd fifty pounds, . ndred forty-one ponr dred sixty-si.x iJOiind ndred thirty-five pou lied and sixteen pom lied thirty-eight pou dred twenty-two pou ndred and nine poun

g-7.S.55 = r = = = = =.S=.H§553

O— ^r--— 4_*— ^"^ ^ O — ™ t) "^ OJSJS'"^ O

l5">lfr.si;:g';;gg;^^2 22§

H ly; y; t, 1^ ;i, /'/x H -2 r- H ^ H O O r- H

ki

-!

Woo5«e5050ocooootoocooo5

H

^

a

I— 1 ^-^ »— • I-- ,— 1 i-^ 1— t

o

■^?>— iCO-*<f^t-iO-t<— lOOi— 'CiCOCOC^O

CI

y<

C5-*<-»<r5'-?otr5a>oo'MC3foo— 'TOiMO

'.•■1

C-l|^t^C030>OX:'OC<30C»C^iOC^i-if-ilMeO

^

o

e-5

p.

IM

^

5^

"m

cooooooooooooooooo

©

;5

•^ (» « -.r XI o oc n -M = -o -f n <s o © o o o

30

y.

'~*

w

f^ C5r-t^rc« — ■Mf?S©c^'M-f-,3©0©©

o

«

or3'MC'iccccr;>ccco otZATcoiO

o

H

'M

S

U

.s*

Boston,

Roxbury

Dorchester

Milton

Braintree, .... Weymouth, ....

Ilinghain

Dcdhani, ....

Mcdtickl

Wrcntliam, ....

Brookline

Kecdliam, .... Stoughton, ....

Medway

Bcllingham, ....

Hull

Wali)ole

Chelsea

o 50 50 eo eoeoo

*1 ■* -H o> 05 ©U5

CO'

O -^"S

_ in 00 1.-5

fj i~ a«3_ e<3^ -^^t^ ©_ ^ ^" c^T i-T i-T

CO

■A jj^ CI ~ r^

3 ii ^ s

.S = t; o • cj

— ^ -^ —

— — rr*— tn

.3 i-l.i; B to

X ■- ,„ . c

— C3 ^ 3

C '3 u

3 ."S.^

to rt x

""■rsr; .3 .-as

^-3 3 " o a =>

5 3 3-3 ^ O 3.

^ 3 £,1 . ^ . ft a

£ 3.h;-5 3 o o

■-'.5 r, 9

9 'X— i: -"^

E ii 3 5 3.5

3 -3 i: .y o «

2 3~ 3 £i

C -^ W H fa

tS ii"—

o C

0-3

.=! 3

o

..^

o

o«ao

CO

cocjoi

w

•OOOSi

'.-5

ccocc<9

H

O©o

CO

o ccr^

r^O rv,

-i<

Cl -^.-M

CO

COI^©

!?;

^

©o© © o ©©

CO O CI -^ O CI <M

(M f CO o •— •* as

cc CO CO eo o eo<M

.Z:.3 g^ -

3 ?! '^ -p ;

i* 3 ' s ^ era

•5 C3 S u a X3

Province Laws. — 1757-58.

[Chap. 2.J

eoOtOOMOMOcocoeoos©

§

m

bo

PQ

bB C " 5 o 0-7 co-^ «« |||l||fr.-^tiS|

g c 3 g o^ = = 5 s g 5^ ^.S .2 .2 c ^ o .i; o 5: ^ c ja

H ,-. ^

eo©«OOse<50e<so«ocoMOso

CO

b-O<Mt^00OC3550OOC<100t^

ooooooooooooo

1^ «000<N'M©(M(M (fflOO ©00

P« 5Dco«oeo©.-i--oocR©©© ^3

©«0 05©COOCO©©00©MI©©Oi 05rf<C0©i-IOlC00C<lM>C?0lO©lM0D

h-0505i--eDooc<i©ooDO(^foooc^ieo

© »0 O) »0 (M to O O CD CU O^ »0 C^l CO lO l->- er\ t — rv^ ir\ kr\ ii-^ ^^v ^.^ i-^ u «*k ^^ i.-. JT^ _.. —^

.^^

. :„ en j;'

.5 o ~ — _C .3 " .G

SSxS-s — S -So

CO -3 ja

aj 5 CO ^ c

c 5 S

O o O)

cgco-g6«-S„

CO

CO S

tOS • — J3

r;^ CO

,a *^

•o.SP

C CO 5 rn CO'*^,*J cTj^^TS-^ ^ J^ -

3 O cj

O a '^ Ci< 1, £, 3 a>

o >-,ca

g^-.33S = g^p;^^3SSS •^Of(l)00'~'PaPPO'DSo

o;00i©C0©M©©©O©MOO0>

!roco©©COOt~.©C^t~t-.©>OiMNOO

lO--OCD(MC001t-'MCOC<l-*COT»lCDO» CDCO©C1C5<MCOCDCOCOCDC<1(MCO(M«)

o©©©©©o©©©©©©©©0

COCOCDi^CO©0000©COCOCOOOO©0

.-ih-05-^eo'M«)c<3-^'^<coco©ecco-^

■* (N <N CO CO CO CO CO C<3 CO (M CO CO <M CO St*

^^isPc-a-

[1st Sess.]

Province Laws. — 1757-58.

e»5«OOOC5CO WOOiOOOOeOMOOCS o o 0010130 MO I^Cli-KOO-^tOOl— HOCl--HDt^

ooh-.oot^cr> o

■f ro O >0 O CO •* C-l (N !M (N

« a>

S o

a a

o <u

_ a

, .S..S

j-3 e M ;^ " 9

^ o «

m" a

tcS <=*

.5 C CO

C C 00 — o

-3 ^« 05 OS a

d

**s

Iff «=

= .5 — -^

8)

•5 3

TO "O ™

.E^ o-

g 2 = 3;= = "

c^ g o a. x^d

?o5 S

y. r^

9 f too s • o

C"^ C ■" C ri-^ '* "^

So e^ § * t/- S

„'3cO0Q_O!n>.

■S p 0 >, > ^. > S o g .' r* fl

— ♦^ *^ .— IS ^ tL'"" ^ O *- J^ I

"21; ^ "2 "2 "S ■fc'2 .i^'S "2 "2 "

rt — _^ ri rt 5 'o * S 5 3 5 '^

KOOOOOOOO?i

52=2o==g=

O !> > P .-^ ^ ^

00s -) 000000005 OOtnOOOOOOOOOH

eotOOOCiO 001 01-^ CO c^

01 1>- CO 00 >o o

coooiooooeoeooooi o.o

h~C1^0©-*001-J«>Cl'-<CDt-

000000 © ooooooooooooo ooo-foco 00000000000000

000— 'OOOOOOOOt^O

00000 c^ o

<N

(M

■TJ — a. ■■" !-i — ■

o .J 0.0 •— cj

cccorocowoieooeo'O

■* <M C3 CS ri CO

000

o - o .« o

-a S g g " §

o o ;S J? <u

•3

C . cj

en

to

a

g ?>,= g to" t,-'2

-0 cS C S^i tC 3

|||I|S||S • §op5£:52^-5

■£5.E > o c ?> 3 0-3

2-^oxc2o9

|5^B5fj-2.r

gj "gs-iargali

j3 C3 • ^ O '^ u ■"' "^ Ci ^ J-i

la

a. to

•s-2

•^5-''^ "3 2f -5 o S c ;,'2 S'2-5

Igliigliliil

i o

2S5«

O W C<5 CO M CO 0 CO O O Ol

00 r* ?o -- -- -^ o -* Tji t^ o

00 01 (M O -t< (M Cl ■* -J 10 o

QQ ..... .. .

oooooooooco •^oooooooooco

? ■E o '-^ o

to ;^5;?WQ^^K

= 3

10

Peovince Laws. — 1757-58.

[Chap. 2.]

•-■COOOOCOOOOtDOCOOOOOCO

eo'J<oooii--.oo.-i->*<Tj<o5>ooo«5000>rao

c= «> to

(U bf, "J

V a o u

c a

• CO,

.US

to bo

"t^ -^ I o '—',.2 cJwflji-i _"t_;c

■S'o X 2.S " o 3 s'S^.EP^ss

^ C_^ ;>,i'3^"'0.ii to O _ —'3

^15 .3 "» t»" C "3 = tfj to

S c^

"2 " o

o 5 c

r^ eO tOOOOOOOOOCOOOOOOOM

o

P <» O O O O O O O O O O 00 o o o o o o

<! <»

H K;oo'^10•<t<oooo©ooooooooooo

W fL,-t<C0OOC0OOOOOO-*OOOOO00

to CJ CO I— ( »-H

tc— '

• O J

as;

S .peas — = -3^

C 3

o o

CGCC

«Php;

3S

= fe >: . is o^ g

i: o <a o^ 2 6 c;

?000001«OOC5«000»0 so lO?OCO'X>^Tl<0(3i05 0lOi-IOO

Tj<.-i-J<COlMC1COlMO(MCOOOi

'raiMO<Moc<it^ooi<M->»it3oeo

-* lO lO lO -"l* (M Tl<c<l (Mi-1

5+1

. a a .

tiT .

o

c

•8 •

c

e. .

s >1

•-S'§ .

^

y.

' 15 «

X

•111

=*?0

•tr.S •

CO

"3 to

.t3

fceS

lift

tea

teen shill

S3

^ to

O.B

'" '2 " '"

<U r^ > -'^

o a5

a. to

> to g; CO ;* =

—it: c o—i -'CJE to »> CO ai t*^ a ^.a 73 to tC-a -73

= ? S ^S 2-=: S o = n= o § o— -<:i = ^--oS r^,■^ ^ a O,

to

> c « -^3 to a

rt i) " ,

&=:

c3 o

rt:

5 = 55i5^.55^.55g

pi<fcHpi([iifeHv:f!4HE-'PnHO

COO©0<35C0005«iOOOO

(>l CO O (M CO t^ «0 1^ CD CM CO ICI (M Tf •* ■* >0 CO --H CO(N (N --H

OOOOOOOOOOOtOCO

coooo-*-*oaooo©oo r^>ocooococ5— 'cooiOOCM

IMCOCO (MCM COCM tNi-l

^- . -Cf-^ CO

5 " ^- O "o ' :S ' r-i'p O jr! °

=>poOP^5ti3o.22-S.2

[1st Sess.] PiioviNCE Laws. — 1757-58.

11

CoOOOSOJOOOtOMOOOOOOOO c5o'*"Ocooooccioo-*<ot^oooo>r5o

<M cc W CO (N !N r-« CS r-i •-< 1-1 ■-> •-> Ot

" " rj; " -2 r^ *-" *- <U > .E .

O g &; fi O O o P Ci o o o ^ o.i: P TV, HHHH HHOHOOOOccOr'r-iW;

eSososJOOOOOcooooooooo

oooooooooooooooooo

09

•>««iMOC~1O-1>'M'MOtrOOOOOa0OO

t--^<--O30C0rl— 'O-MOOOOOCOOO ro ■«»< CO CO ■<>< CO i»< c^ CO

ji o s h ti - • ' c^~ = =^ ^ = o -

fcl

5 a

i-p-^t; «.- j. c

;j{>qh;SS;

' 5 C :Q0

l^'A

"«

1

13

o©ooocoosooo»oot-o

CO

o •* o CO -- — ■*'+<-»< o-^eoeoo

^

1— 1 .— • 1— " 1— » »— <

o f^ ''^ CO CO cv -?< ifTMo •»«< -f C5 «s o

•*

1 ^ ■M "M CO 'O O 1^ O — -»< en -f «0 XI

IM

tscscocoOt^-<*<Tj<T»<c-ic^co>-H<-H

o>

t^ ^-

CO

H<

o

CJ

- C

)eiice, .

pence, ncpenc [icnce, eiglitp q)cncc,

npence

X g-H.-^-g-S ^

• • •« -^^I;^'^ -S •

~ c ;!-= tc— Cja.s-s = to .

. ~ S ~ '- .S ~ — "^ — ~ ^ .S S?r,

ur si . six shil nc s shil ir sh a shi teen n sh teen e shi shill illin

ounds, unds fo nds ant Is three ounds c ds one inds fo fourtee ds four s sixtee ds four ds thre twelve s six sh

ty-five p even po five pou It pounc -three p nc pom four poi pounds en poun r pound ur poun ne pom pounds t pound

«= s^i?-tj.i:;'>'T)-=i:-i=;>>ti

-•-

and

d tw edt\ thii d an ed s d se d an d at I foi J nil edf six eig

hundred le hundrc rce hundr . hundred e tliousan ■en hundi ur hundrc ur hundrc ur hundrc 0 hundrc 0 hundrc rce hundi e linndrcc c hundrei

.S-- — .5 = oOOC::!;.SCC

cc;?;HccOa:f^U-fc<t-'HHOO

OO«050OC0C5O0CO©Ot^O

CO

OO'MC5--OC3Oe<IO00O<Nt0

o

^- ■— > 1— » i-H I— «

CO — coio^Ciici '00 — cor-o

00

.^CjOOC^CO — (^=o — OCtDXI

Tt<

030C100l~Tf<cOCOM(MCO— ^

«5

^ ^

CD

^

-«

oooooocooooooo

O

c5-*C0-^O(MC000C^<r>C000OO

i-H i-H 1— « f- f-H

r^o— "Mr^cncccc-HOC-nooo

"^1 CO CO CO IM C^ (M C) CO C^l CO Tj<

•*t

CO

=^

■ " ■ tr

II

12

Provixce Laws. — 1757-58.

[Chap. 2.]

OOOOCOCOWO 00-^05000— ''O

. . . .sss .

* * ' '"O ?i 2 •

• c3 -tJ wi

to CO "2 S;-^ — ci :2 M to g c-?3 >^

fli O " OJ —

,£"" >^-S'a~"3 ? '2 :: o •= =^ c c ="

5 - *- ^ ,-3 cj ci -43

^ £. 2i d^ o o o

<Uf^raf^^^ S^ '-^ ^

a s ::: 3^ ^ 3 . . . " —

i! o o o5 fe ^ & cZ5t<fefnHHHE-i

o o

OOOOCDCOCSO

oooooooo

cocceoco<N

e!5ow-<*ic<)oooiMt^'-ioo

,S ^ "" aj a "> ^ ■ ^ r; t- ^ o

"a m ca a o to a "d a B c3 to

TJ 3 C O B 0

R-5^

oaao^gc^^a ao:^al5g||a

Soa^a f;»<

t^ = o

c >.a a 2 a-i- a 5 £,«

ta ^>^a S a tL^> f tf

a'-" ST^'^'S oS-s.^^

s^aa = = = ac =^ •a c 5 o " a-q.3 a b g ,*j 3'a*-.a.a r-i n-> xj •^ -^ .a>oboof^?oOo *=''.H So^^'^^^^a

ooooooooooo 4n'«J'-*-<*'<Mc<JOOOOO

COC^ CC CO<M CO <-•

[1st Sess.J Province Laws. — 1757-58.

13

«0000001SC5C<5C5C<30

;:: o c 3

illli-

. . t/~ . to "j: -3 — ^ w

.^t= . = .= = T^SVo^

llilplHi

■2 S-3 5 ci2

O ^^ • ^ ^ I ^ Cj "^

. i~^ v± ^ Z" >-. s c ^■•- -^

r! "-( *!!: fr

iS H S M H o H o o 5 3

^Soooooooicooseoo

(^ooooo-^-'Ooeo— 'oo

c^-^oeooio— '00— "WO— • >< c^ < ■7' iO o 'M :x>(^ n Cl -H 33

l^ClCO-'J't^CO'-iC^'-ii-i^

ooooooooooo© cico-*»c^T)i-^©ooooo

^ro— •iricO'MOOOOOO -»< CO C^ CO <-! c^

c-3

•^ . J o t: -3 ^ _a

GC "^ -^

o — '~

5 2 >

e a H

5 = 3

o t-; - >.= a

to tJ >>

-^•3 a cay

rt cj >

■«— 3

o o ,^

;-. ^ U

j3 J a

— tC«5Cl

OO —

t^

CI CO

t^

ooo

CO o o o o o

CI

2 "^

Si3

14

Province Laws. — 1757-58.

[Chap. 2.]

-e

13

o

ooo

M

coo

35005

o

•*

eo

«

OS

O'-OS

o

o t^

■O 03 CO

CD

CO

»— <

r— " '-t

— ^ i-H

»— *

CO

<*< Tt< t^

t^

•^ ■*

■0.-J o

C5

(»

CO

C5 'O t-»

JD

M O

t^^ o

C35

!a

«n_

»0l-l

^^^

::2,o_

-ot-co

^-"^

05^

,_(

O'-H* lO

^

oco

-o .^"

f^

^"

tN

00

t+J

^

|1

teg

* §^

• • to to

8

O

. CO ^ CO

7c c

tr.:=; fat

_c^ .S

3

CO

"m

ta

c

£ 3

'S oS

• C o

P M

CO O CO

o

■u

■? '1^"

03

tc . ><

. C2 X

•.B

.^

CO (j

"^ -S

O C •"

* ".S

o C

to

B

3

CO

a CO

M G 5 *^ 3 o

"2 . 9

..2-73

1«

fcD • ^

^ o ;::!,

CO X,

. S'o

n

•3 g

"1=3

u

"is

ai

• >> ,o

. p >

cj ai

!H

J ■!?.=-<

. s- > o

•I

• c -^

O.S

SUM TOTA

hund. cigh ndred and

S o CO

CO CO

s

en S

O -3

.'o S

C S

o

- B'2

!— P •-•S

■5 .In • S5

'3

. x3 o

3

'II

o

B

C3 • «

o c

o

la

-co

ill

Si •a

B

?.a«

o ii

tj O to S3^ S

.Eos

.3

Twenty

and b

Fifteen

O ,. -3 -w

o 2

■kJ « o

B

>< > 0) a:> •J Ci > >

paStn

"5

"c J^S

J ■«

3

^ o

CDOO

eo

coo

!^00>

o

o

H °^

CO

OOCD O

•^

o t^

cooi^

i-H

O

H

r— 1 r-H

'^

5 "^^

C» Ci CO

lO

CO -o

-- 05 CO

o

o

O C^ C2

Cl

-f CO

t^ -s> t—

CO

o

? ^-

c-i_c^co^

o

lo CO

.-<^o t^

— ',

o

g si

lo'o"'*"

CO

oc-r

corjT

^

00

Hi

«

rt

H

•«

■«

HI

Tf

■«<

P

1^

«C

to

O

CO

CO

'-'

'-'

rt

to

CO

GO

CO

o

CO

CO

(X

'4^

=♦1

!<!

■<

H

"en

N

a

5 •«

ooo

OP

oo

ooo

O

o

<1 «

00 lO ■*

CI

coo

O ■* CO

C-l

5

^5 ^

'"'

r-H ,-( r-(

'"'

■^

i's

irj ^ •*

,.H

coco

<M-- CO

IM

>— <

o'oco

<J>

t^co

Ot-C^

CO

l"^

lOOCN

lO

COrH

<M i-i

^o

C4 ^

CO

f^

<h1

a

fi

.

. . .

.

. •

. . .

^

•

* * z*

*

*

' *a

x2

B

CO

u O

■^4

o

"S

Suffolk,

ill

*3 ^

- '9

"C O 3

-3

a 1

[1st Sess.] Province Laws. — 1757-58. 15

And be it further enacted,

[Sect. 2.] That the treasurer do forthwith send out his warrants, Rules for micb*. directed to the selectmen or assessors of each town, district or parish, '"*"^' or other place within this province that are taxed, requiring them, respectively, to assess the sum hereby set upon such town, district, parish or other place, in manner following ; that is to say, to assess all rateable polls above tlie age of sixteen years, within their respective towns, districts, parishes or other places, or next adjoining to them, be- longing to no other town or place, thirteen shillings and sixpence per i:)oll, and proportionably in assessing the additional sum received out of the treasury for the payment of the representatives (excepting the governour, lieutenant-governour and thoir families, tlie president, fel- lows, professors and students of Harvard College, settled ministers and grammar-school masters, who are hereby exempted as well from being taxed for their polls, as their estates, being in their own hands and under their actual management and improvement ; as also all the estate pertaining to Harvard College), and other persons, if such there be, who, through age, infirmity or extreme povertv, in the judgment of the assessors, are not able to pa}' towards publick charges, they may exempt their polls, or abate part of what they are set at, as in their prudence they shall think fit and judge meet.

[Sect. 3.] And the justices in their general sessions, in the respect- ive counties assembled, in granting a count}' tax or assessment are hereby ordered and directed to apportion the same on the several towns, districts, parishes and other places in such county in proportion to their province rate, exclusive of what hath been paid out of the publick treas- ury' to the representatives of each town for his service ; and the assessors of each town in the province are also directed, in making an assessment, to govern themselves by the same rule ; and the incomes of all estates, both real and personal, lying within the limits of such town, district, parish or other place, or next unto the same, not paying elsewhere, in whose hands, tenure, occupation or possession the same is or shall be found, and also the incomes or profits which any person or persons, except as before excepted, do or shall receive from any trade, facult}', business or emplo3'ment whatsoever, and all profits which shall or may arise by money or commissions of profit, in their improvement according to their understanding or cunning, one penu}' per pound ; and to abate or multii)ly the same, if need be, so to make up the sum set and ordered hereby for such town, dis- trict, parish or other place to pay ; and, in making their assessment, to estimate houses and land at six years' yearly rent whereat the same may be reasonably set or let for in the place where they lye : saving all contracts between landlord and tenant, and where no contract is, the landlord to reimburse one half of the tax set upon such houses and lands ; and to estimate negro, Indian and mollatto servants pro- portionably as other personal estate, according to their sound judg- ment and discretion ; as also to estimate ever}- ox of four 3'ears old and upwards, at forty shillings ; every cow of three years old and upwards, at thirty shillings ; every horse and mare of three years old and upwards, at forty shillings ; every swine of one year old and upwards, at eight shillings ; goats and sheep of one year old, at three siiillings each : likewise requiring the said assessors to make a fair list of said assessment, setting forth, in distinct col- umns, against each particular person's name, how much he or she is assessed at for polls, and how much for houses and lands, and how much for personal estate, and income liy trade or faculty, and if as guardian, or for any estate in his or her improvement, in trust, to be distinctly expressed ; and the list or lists, so perfected and signed

16 Province Laws.— 1757-58. [Chap. 2.]

by them, or the major part of them, to commit to the collectors, con- stable or constables of such town, district, parish or other place, and to return a certificate of the name or names of such collector, con- stable or constables, with the sum total to each of them committed, unto himself, some time before the last day of October next.

[Sect. 4.] And the treasurer for the time being, upon receipt of such certificate, is hereby impowered and ordered to issue forth his warrants to the collector, or constable or constables of such town, dis- trict, parish or place, requiring him or them, respectively, to collect the whole of each respective sum assessed on each particular person, and to pay in their collection, and issue the accompts of the whole, at or before the thirty-first day of March next, which will be in the year of our Lord one thousand seven hundred and fifty-eight. And be it further enacted, Inhabitants to [Sect. 5.] That the asscssors of each town, district, parish or place, iist"^f'"hei/" respectively, in convenient time, before their making the assessment, shall polls, &c. g-ive seasonable warning to the inhabitants, in a town meeting, or by post-

ing up notifications in some place or places in such town, district, parish or place, or notify the inhabitants some other way to give or bring in to the assessors true and perfect lists of their polls, rateable estate, and income by trade and faculty, and gain by money at interest, which they are to render to the assessors on oath, if required ; and if they refuse to give in an account of the money at interest, on oath, the assessors are im- powered to doom them ; and if any person or persons shall neglect or refuse so to do, or bring in a false list, it shall be lawful to and for the assessors to assess such person or persons, according to their known ability in such town, in their sound judgment and discretion, their due proportion of this tax, as near as they can, agreable to the rules herein given, under the penalty of twenty shillings for each person that shall be convicted by legal proof, in the judgment of said assessors, in bringing in a false list ; the said fines to be for the use of the poor of such town, district, parish or place, where the delinquent lives, to be levied by warrant from the assessors, directed to the col- lectors or constables, in manner as is directed for gathering town assessments, to be paid in to the town, district or parish treasurer or selectmen for the use aforesaid : saving to the part}' aggrieved at the judgment of the assessors in setting forth such fine, liberty of appeal therefrom to the court of general sessions of the peace within the county 'for relief as in the case of being overrated. And if any person or per- sons shall not bring in a list of their estates as aforesaid to the assessors, he or they so neglecting shall not be admitted to make application to the court of general sessions for any abatement of the assessment laid on him or them.

[Sect. 6.] And if the person be not convicted of any falseness in the list, by him presented, of the polls, rateable estate, or income by trade oi" faculty, business or emploj^ment, which he doth or shall exercise, or in gain by money at interest or otherwise, or other estate not particularly assessed, such list shall be a rule for such person's proportion to the tax, which the assessors may not exceed.

And forasmuch as, oftentimes, sundry persons, not belonging to this province, bring considerable trade and merchandize, and by reason that the tax or rate of the town where they come to is finished and de- livered to the constable or collectors, and, before the next year's assess- ment, are gone out of the province, and so pay nothing towards the support of the government, though, in the time of their residing here, they reaped considerable gala by trade, and had the protection of the government, —

[1st Sess.] PiiOViNCc Laws. — 1757-58. 17

Be it farther enacted,

[SicCT. 7.] That when an}' person or persons, shall come and Transient reside in any town within this province, and bring any merchandize ratcuT"'"''^ and trade to deal therewith, the assessors of such town are hereb}' im- powercd to rate and assess all such persons, accordins; to their circum- stances, pursuant to the rules and directions of this act provided, tho* the former rate may have been finished, and a new one not per- fected, as aforesaid.

And be it further enacted,

[Sect. 8.] That when any merchant, trader or factor shall set up Merchants, &c., a store and trallick, or carrv on anv trade or business in any town within I"''.':.;'!'?'.'''''/'""

' •^ » •/ can J liig Oil

this province, not being an inhabitant of such town, tlie assessors of trade in any such town, where such tratle and business shall be carried on as afore- besije wlie're said, be and are hereby impowered to rate and assess all such mer- ^^^'y ^iw^;"- chants, traders and factors, their goods and merchandizes for carrying on such trade and business and exercising their faculty in such town, pursuant to the rules and directions of this act ; ijrocided before any such assessors shall rate such persons as aforementioned, the select- Selectmen to men of the town where such trade is carried on shall transmit a list of'sucb persons, of sucli persons as they shall judge may and ought to be rated, withiu i>efore they arc the intent of this act, to the assessors of such town or district.

[Sect. D.] And the constables or collectors are hereby enjoy ued to levy and collect all such sums committed to them and assessed on per- sons who are not of this province, or are residents in other towns than tiiose where they carry ou their trade, and pay the same. [^Passed June IG.

CHAPTER 3.

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF EIGHTY- FIVE THOUSAND POUNDS, TO BE THENCE ISSUED FOR DISCHARGING THE PUI5LIC[K] DEBTS, AND DRAWING THE SAME INTO THE TREAS- URY AGAIN.

Whereas the provision already made for defreying the expences of Preamble, the late Crown Point expeditions is found insullicient, and no provision i"yi>-ao. chap. 4,

11 1 1 ,• Ti • 1 I, «, . §»•! chaps. 13,

made by the general court lor dischargmg the debts of the ensuing ii>, is, 27, and 46.

..„nr 1700-57, chaijs.

J^''*' 3, 22, 29, aud 37.

Be it enacted b>/ the Council and House of Representatives, [Sect. 1.] That the treasurer of the province be and he [is] hereby Treasurer [/.s] im[)Owercd and directed to borrow from such person or persons as borrow'2so,ouo. shall be willing to lend the same, a sum not exceeding eight3'-five thou- sand pounds in millM dollars, at six shillings each, or in other silver at six shillings and eigliti)ence per ounce; and the sum so borrowed shall be applied in mauTier as in this act is hereafter directed.

[Sect. 2.] And for fifteen thousand two hundred pounds, part of the sum so borrowed, the treasurer shall give his receipt in the form fol- lowing : —

Province of the Massachusetts Bciy, the day of . Form of

Received of the sum of , for tlic u.=?c and service of |.[.'^^^!J[^^'^'*

the province of the ^lassachusetts Bay, and, in behalf of said province, I do hereby promise and oblige myself and .^luceessors in the oflico of treasurer to repay the said or order, the first day (jf June [one thousand seven

hundred and fifty-eight] [i7.:).y], the aforesaid sum of ,

in silver at sis shiliiugs and eightponce per ounce, or Spanish mUrd dol-

18

Province Laavs . — 1757-58.

[Chap. 3.]

lars, at six shillings each, with interest annually, at the rate of six per cent per annum. Witness my hand, H. G., Treasurer.

[Sect. 3.] And for the remaining sum of sixty-nine thousand eight hundred pounds, the treasurer shall give his receipt in the form follow-

Form of

treasurer's

receipt.

£35,000 for the Jate Crown Point cxpedi- tiou8, &c.

£18,000 for forts and garrisons.

£7.000 for pro. visions, com- niissary's dis- bursements, &c.

£5,000 for premiums, &c.

£5,000 for debts where tbero is no establish- meut, &c.

£4,500 for pay of couneillors' and representa- tives' attend- ance.

£4,000 for vessels of war.

Province of the Massachusetts Bay, the day of

Received of the sum of , for the use and service of the prov-

ince of the Massachusetts Bay, and, in behalf of said province, I do hereby promise and oblige myself and successors in the office of treasurer to repay the said , or order, the first day of June [one thousand seven

hundred and sixty] [2 760'] , the aforesaid sum of , in silver at six

shillings and eightpence per ounce, or Spanish mill'd dollars, at six shillings each, with interest annually, at the rate of six per cent per annum.

Witness my hand, H. G., Treasurer.

— and no receipt shall be given for less than six pounds.

And he it further enacted^

[Sect. 4.] That the aforesaid sura of eight^'-five thousand pounds, when received into the treasury, shall be issued out in the manner and for the purposes following ; that is to say, thirty-five thousand pounds, part of the sum of eighty-five thousand pounds, shall be applied for the payment of the services of the late Crown Point expeditions still unpaid, and for defr[a][e]ying the expence that hath or shall arise for the raising and supplying the eighteen hundred men agreed to be raised by this government, employed in his majesty's service under the more immediate command of his excellency the Earl of Loudoun, com- mander-in-chief of his majesty's forces in North America, and also the wages of the oflScers and soldiers employed in said service ; and the further sum of eighteen thousand pounds, part of the aforesaid sum of eighty-five thousand pounds, shall be applied for the service of the sev- eral forts and garrisons within this province, pursuant to such grants and orders as are or shall be made b}' this court for these purposes ; and the further sum of seven thousand pounds, part of the aforesaid sum of eighty-five thousand pounds, shall be applied for purchasing provisions and the commissaries disbursements for the service of the several fcn-ts and garrisons within this province ; and the further sum of five thousand pounds, part of the aforesaid sura of eighty-five thou- sand pounds, shall be applied for the payment of such premiums and grants that now are or may hereafter be made by this court ; and the furtlier sura of five thousand pounds, part of the aforesaid sum of eighty-five thousand pounds, shall be applied for the discharge of other debts owing from this province to^ persons that have served or shall serve them, by order of this court,* in such matters and things where there is no establishment nor any certain sum assigned for that pur- pose ; and for paper, writing and printing for this court ; and the fur- ther sum of four thousand five hundred pounds, part of the aforesaid sum of eighty-five thousand pounds, shall be applied for the payment of his majesty's council and house of representatives serving in the great and general court during the several sessions for the present year ; and the further sum of six thousand two hundred and fifty pounds, part of the aforesaid [sum] of eight)--five thousand pounds, shall be applied to the discharge of the debts contracted by the committee of war ; and the further sum of four thousand pounds, part of the afore- said sum of eighty-five thousand pounds, shall be applied to the pay- ment of the charge of maintaining the two vessels of war belonging to this province.

[1st Sess.] Province Laws.— 1757-58. 19

Aiid tchereas there are sometimes contingent and unforeseen charges that demand prompt pay, — Be it further enacted,

[Si:cT. 5.] That the sum of two hundred and fifty pounds, being the £25o for con- remaining part of the aforesaid sum of eighty-five thousand pounds, be t^nsent charges. applied to pay such contingent charges, and for no other purpose what- ever.

And in order to draw the money into the treasury again, and enable the treasurer effectually to discharge the receipts and obligations (with the interest that ma}' be due thereon), by him given in pursuance of this act, —

Be it enacted,

[Sect. G.] That there be and hereby is granted to his most excel- t^x of £85,ooo lent majesty a tax of eighty-five thousand pounds, to be levied on polls, ^'^'"^ "^ and estates both real and personal within this province, in manner following ; that is to say, fifteen thousand two hundred pounds, part 7""^°^ £i5,2oo, thereof, according to such rules and in such proportions on the several towns and districts within the province, as shall be agreed on and ordered l\v the general court or assembly in their present session, and to be paid into the public[k] treasury on or before the last day of March then next after.

[Sect. 7.] And the further sum of sixty-nine thousand eight bun- Taxof £69,8oo, dred pounds, according to such rules and in such proportion on the several towns and districts aforesaid, as shall be agreed on and ordered b}' the general court at their session in May, one thousand seven hun- dred and fifty-nine, and to be paid into the treasury on or before the last day of March then next after.

And be it further enacted,

[Sect. 8.] That if the general court, in their present session, and in Rule for their session in May, one thousand seven hundred and fift3--nine, and u,'f"ax°i!!"?se some time before the twentieth day [of] June in each year, shall not no tax art shaii agree and conclude upon an act apportioning the sums which by this '''^^'^^ act are engaged to be, in each of said j'ears, apportioned, assessed and levied, that then, and in such case, each town and district within this province shall pay, by a tax to be levied on the polls, and estates both real and personal within their limits, the same proportion of tlie said sums as the said towns and districts were taxed by the general court in the tax act then last precceding.

[Sect. 9,] And the province treasurer is hereby fully impowered and directed, some time in the month of June in each of the years afore- said, to issue and send forth his warrants, directed to the selectmen or assessors of each town and district within this province, requiring them to assess the polls, and estates both real and i)crsonal within their sev- eral towns an(l districts, for their respective parts and proportions of the sums before directed and engaged to be assessed, to be paid into [the] treasury at the aforementioned time ; and the assessors, as also persons assessed, shall observe, be govern ['']'d by and subject to all such rules and directions as shall have been given in the last i)receeding tax act.

And as a further fmid to enable the treasurer to discharge said receipts Further fund. and obligations by him given in pursuance of this act, —

Be it enacted,

[Sect. 10.] That the duties of excise upon spirituous liquors, for the year seventeen hundre<l and fifty-eight, shall be applied for the payment and discharge of the princii)al and interest, that shall become due on said notes, and to no other purpose.

And be it further enacted,

[Sect. 11.] That the treasurer is hereby directed and ordered to The treasurer pay the sum of eighty-five thousand pounds out of such appropriations ^ conform to

20

Province Laws. — 1757-58.

[Chap. 4.]

the appropria- tious.

Proviso.

Members' pay in i^ovornment Bccuritics.

as shall be directed by warrant, and no other ; and the secretary to whom it belongs to keep the muster-rolls and accompts of charge, shall lay before the house of representatives, when they direct, such muster- rolls and accompts, after payment thereof: provided, always, that the remainder of the sum which shall be brought into the treasury by the duties of excise before mentioned, and the tax of eighty-five thousand pounds ordered bv this act to be assessed and levied, over and above what shall be sufficient to discharge the notes and obligations afore- said, shall be and remain as a stock in the treasury, to be applied as the general court of this province shall hereafter order, and to no other purpose whatsoever.

Ayul he U further enacted,

[Sect. 12.] That the members of his majesty's council and house of representatives, shall receive tlieir pay for their travel and attendance in such of the government securities provided by this act as are paya- ble the first day of June, one thousand seven hundred and sixty. \_Passed June 13 ; published June 15.*

CHAPTER 4.

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF THREE THOUSAND FIVE HUNDRED POUNDS, AND FOR LENDING THE SAME TO THE TOWN OF BOSTON.

Preamble.

Treasurer empowered to borrow £3,500.

Form of

treasurer's

rccciiDt.

Tax of £4,130, in 1759.

Forasmuch as to the end and use in this act hereafter mentioned, this court have determined to supply the province treasury with the sum of three thousand five hundred pounds, —

Be it enac'ed hy the Council and House of Representatives,

[Sect. 1.] That the treasurer of the province ba and he hereby is impowered and directed to borrow of such person or persons as shall be willing to lend the same, a sura not exceeding three thousand five hundred pounds in mill'd dollars, at six shillings each, or in other silver at six shillings and eightpence per ounce.

[Sect. 2.] And for tlie sum so borrowed, the treasurer shall give his receipt in the form following ; viz., —

Province of the Massachusetts Bay, the day of , 175 .

Received of the sum of , for the use and service of

the province of the Massachusetts Bay, and, in behalf of said province, I do hereby promise and oblige myself and successors in the ouice of treasurer to repay the said or order, the fifteenth day of June, 17G0,

the afoi'esaid sum of , in silver at six shillings and eightpence

the ounce, or Si^anish mill'd dollars, at six shillings each, with interest annually, at the rate of six per cent per annum.

Witness my hand, H. G., Treasurer.

— and no receipt shall be given for less than fifty pounds.

And in order to draw the money into the treasury again, and enable the treasurer to discharge the receipts and notes (with the interest due thereon), by him given pursuant to this act, —

Be it enacted,

[Sect. 3.] That there be and hereby is granted to his most excel- lent majesty a tax of four thousand one hundred and thirty pounds, to be levied on polls, and estates both real and personal, ac3ordiug to

* Jine 17 in the printed acts.

[IstSess.] Province Laws. — 1757-58. 21

sucli rules, and in such proportions, on the several towns and districts within the ])rovince, as shall he ordered by the general court at their session in May, one thousand seven hundred and lirt3--uine, to be paid into province treasury ou or before the thirty-first day of March then next after.

And be it fiirtJicr enacted,

[Sect. 4.] That if the general court, at their session in May, one Rule for appor- thousand seven hundred and fifty-nine, shall not, by the twentieth day I ,',"caHe nd'tax*' of June, agree upon an act for apportioning the sum of four thousand actHimiibu one hundred and thirty pounds, which is engaged in said year to be '^'^'^^^ apportioned, assessed and levied, that then, the treasurer of the prov- ince for the time being shall issue his warrants, to the selectmen or assessors of the several towns and districts within this province, requir- ing them, respectively, to assess, levy and pay into the treasury, b}' the said thirty-fust day of March, their respective proportions of said sum, according to the rates and proportions, rules and directions, of the tax act then last preceeding.

And lohereas the town of Boston have represented that they are greatly Preamble. in arrears as to their necessary charges, and have humbly besought this court to lend them thirty-five hundred pounds, —

Be it enacted bj/ Ilis Majesti/s Council and House of liepreaentatives,

[Skct. 5.] That the aforesaid sum of three thousand five hundred f ^''f J'"]!' ^l'" pounds, when the treasury shall be supplyed therewith, as above directed, shall be lent and delivered to the selectmen of the said town of Boston, to be applied to discharge the debts of the said town, as said town shall order.

And for securing the repayment of said sum of thirty-five hundred pounds, with the interest at the rate of six per cent per annum, to the province treasurer for the time being, in case, according to the true intent of this act, said town ought to be held to pay the same, —

It is herebi/ enacted and ordered,

[Skct. 6.] That whenever the valuation shall be taken through this Provision for province, and each town and district's proportion thereby known and (if'tfiVmrnTof determined by the court, and be thereby ascertained that the town of jf/','.j,?t'u "ii"''*' Boston was not overrated for the year one thousand seven hundred and town of i!(>»t..n, fifty-six, or any other year after, until the taking of the valuation, and "? ostau-HshaiT' ascertaining as aforesaid: ^)rorufed, said determination shall I)e before be taken Uirough the 3'ear one thousand seven hundred and sixty, and so not be intitled ^' p'"°^""^'^- to any allowance, or no valuation taken or settled before said time, then the said town shall pay the whole sum of four thousand one hun- dred and thirty pounds ; the treasurer, some time in the month of June, one thousand seven hundred and sixty, shall send forth his warrant, directed to the selectmen or assessors of said town of Boston, requiring them to assess the polls, and estates both real and personal, within the said town, for said sum of four thousand one hundred and thirt}' pounds, in their respective proportions, to be paid into the province treasur}' on or before the thirty-first of March then next after ; and the assessors, and persons assessed, shall observe, be governed by, and subject to, all such rules and directions as shall be given in the last preceeding tax act; but in case a valuation shall be taken and settled before the year one thousand seven hundred and sixty, and thereby it shall appear the town of Boston is overrated the whole of said sum between the ^-ears one thousand seven hundred and fifty-five and one thousand seven hun- dred and sixty, and the treasurer of the province ])e certified thereof by the general court in their session in May, one thousand seven hundred and sixty, then, and in such case, the said treasurer is hereby forbid dirr?i"nn issuing his warrants to the selectmen or assessors of said town of Bos- '"""'''« '>'■< w.ir- ton for the sura aforesaid ; but if, upon a valuation being taken, and the menu.' '""''''""

22

Province Laws. — 1757-58.

[Chap. 5.]

Proviso.

proportions of the several towns being settled before the year one thou- sand seven hundred and sixty, it shall thereby appear that the said town of Boston have been overrated but only part of the aforesaid sum of four thousand one hundred and thirty pounds, then, and in such case, such part shall be remitted to them ; and the treasurer shall issue his warrant for such remainder, agreable to the direction of the general court, at their session in Maj^, one thousand seven hundred and sixty, requiring the selectmen or assessors of said town of Boston to assess the same in manner as aforesaid, to be paid into the treasury on or before the thirty-first day of March next after. And the assessors and persons assessed shall observe, be governed by, and subject to, all such rules and directions as shall be given in the last preceeding tax act.

Provided, nevertJieless, —

[Sect. 7.] If a valuation shall be taken, and the several towns' pro- portion of the province tax settled, before the month of June, 1759, whereby it shall appear that the town of Boston is not overrated the whole or any part of the aforesaid sum, that then the said town shall be assessed for the whole or such part of said sum for which they shall so appear not to be overrated ; and the treasurer, in such case, shall not issue his warrant to assess said sum upon the province in general, but upon the town of Boston only. l^Passed June 15 ; published June 17.

CHAPTER 5.

AN ACT TO PREVENT DAMAGE BEING DONE ON THE MEADOWS AND BEACHES LYING IN THE TOWNSHIP OF BARNSTABLE, ON THE SOUTH SIDE OF THE HARBOUR, CONTIGUOUS TO [TO] THE COMMON FIELDS IN SAID TOWN.

Preamble. 1747-48, chap. 5.

Persons forbid- den to drive cattle on meadows and beaches in Barnstable.

penalty.

Cattle to be impounded, in case.

Wdereas many persons frequently drive numbers of neat cattle, horses, sheep and swine, to feed upon the beaches, meadows and shoars adjoining to the late common fields in said Barnstable, between said fields and the harbour, whereby the ground is much broken and damnified and the sand blown on said meadows and uplands adjoin- ing, to the great damage not onl}^ of private persons in their proper- ties, but also to said town in general, so far as relates to said town's meadows appropriated to maintain a pound, —

Be it enacted by the Council and House of Representatives .,

[Sect. 1.] That during the continuance of this act, no person or persons shall presume to turn or drive any neat cattle or horse-kind, or sheep, or swine, to or upon any of the beaches, meadows or shoars that lye between the late common fields in said Barnstable, anywhere from Calves-Pasture Point, to Yarmouth line, round as the shoar goes, upon the penalty of three shillings a head for neat cattle or horse-kind, and one shilling for each sheep and swine, that shall be turned and found on said beaches, meadows or shoars, within the limits aforesaid ; which penalty shall be recovered by the selectmen or treasurer of the said town of Barnstable, or any other person that shall inform and sue for the same : the one half of the said forfeiture to him or them that shall inform and sue for the same, the other half to be to and for the use of the poor of the said town.

And be it further enacted,

[Sect. 2.] That if any neat cattle or horse-kind, or sheep, or swine, shall, at any time hereafter, be found feeding on the said beaches,

[1st Sess.] Province Laws. — 1757-58. 23

meadows or shears, that l[i][.v]c between the late common fields and the harbour, in said Barnstable, anywhere from Calves-Pasture Point to Yarmouth line, round as the shoar goes, that it shall and may be lawful for any person to impound the same, immediately giving notice to the owners, if known, otherwise to give public[lv] notice thereof in the said town of Barnstable, and the two next adjoining towns ; and the impounder shall relieve the said creatures with suitable meat and water while impounded ; and if the owner thereof appear, he shall pa}' the sum of one shilling to the impounder, for each neat beast and horse- kind, and fourpcnce for each sheep and swine, and the reasonable cost of relieving them, besides the pound-keeper's fees. And if no owner appear within the space of six days to redeem the said cattle or horse- kind, sheep or swine so impounded, and to pay the costs and damages occasioned by impounding the same, then and in every such case the c.ittictobe person or persons impounding such cattle or horse-kind, sheep or swine, ^oid, incase shall cause the same to be sold at public[k] vendue, and pay the cost and charges arising about the same (pul)lic[k] notice of the time and place of such sale, to be given in the said town of Barnstable and in the town of Yarmouth, forty-eight hours beforehand), and the overplus, if au}^ there be, arising by such sale, to be returned to the owner of such cattle or horse-kind, sheep or swine, at any time within twelve months next after, upon his demanding the same ; but if no owner appear within the said twelve months, then the said overplus shall be one half to the party impounding, and the other half to the use of the poor of the said town of Barnstable.

And be it further enacted,

[Sect. 3.] That the said town of Barnstable, at their meeting in officers to be March, annually, for the choice of town officers, be authorized and ii,T/aot?n^"' impowered to chuse one or more meet person or persons whose duty execution, it shall be to see this act observed, and to prosecute the breakers thereof, and who shall be sworn to the faithful discharge of their office ; and in case any person so chosen shall refuse to be sworn, he shall forfeit and pay five shillings for the use of the poor of the said town of Barnstable ; and upon such refusal, said town from time to time to proceed to a new choice of such officer or officers : and the said town of Barnstable, at a town-meeting warned for that purpose, ma}', at any time before March next, chuse such officers, who shall continue until [1] their annual meeting in March next.

[Sect. 4.] This act to commence on the tenth day of June next, Limitation. and to continue and ])c in force till the end of the session of the gen- eral court next following the twenty-fifth of March, one thousand seven hundred and sixty-seven, and no longer. \_Passed June 4 ;* published June 17.

CHAPTER 6.

AN ACT TO PREVENT DAMAGE BEING DONE ON THE LANDS LYING IN THE TOWNSHIP OF YARMOUTH, CALLED NOBSCUSSET.

"Whereas many persons frequently drive numbers of neat cattle, rroambic horses, sheep and swine, to feed on the beaches and shoars adjoining to n4'.).50,cb.ip.i5. said Nobscusset in said Yarmouth, lying between Black Earth, and ^ '»«5. cbap. 29. Judah Howe's Kango, as it runs into' the sea, whereby the ground is much broken and damnified, and the sand blown on said land, to the

• Signed June IG, accordinf; to the record.

24

Province Laws. — 1757-58.

[Chap. 6.]

Persons for- bidden to drive cattle on Nob- scussct lands, &c.

Penalty.

Cattle to be impounded, in case.

Cattle to be sold, in case.

Officers to be chosen to put this act in execution.

Penalty for not serving.

Proviso.

Limitation.

great damage not only of private persons in their properties, but also to the said town in general, so far as relates to said lands, —

Be it enacted by the Council and House of Representatives,

[Sect. 1.] That during the continuance of this act, no person or persons shall presume to turn or drive any neat cattle or horse-kind, or sheep or swine, to or upon any of the beaches or lands lying between the s[«i]d Black Earth, and Judah Howe's Range, in said Yarmouth, from the first day of March to the last day of November, annually, upon the penalty of three shillings a head for neat cattle and horse-kind, and one shilling for each sheep and swine, that shall bo turned and found on said beaches or land, within the time and limits affires[ai]d ; which pen- alty shall be recovered by the selectmen or treasurer of the said town of Yarmouth, or any other person that shall inform and sue for the same : the one half of the said forfeiture to him or them that shall inform and sue for the same, the other half to be to and for the use of the poor of the said town.

And he it further enacted,

[Sect. 2.] That if any neat cattle or horse-kind, or sheep or swine, shall, at an}^ time hereafter, be found feeding on the said beaches or land, within the times aforesaid, that it shall and may be lawful for any per- son to impound the same, immediatel}'' giving notice to the owners, if known, otherwise to give public[k] notice thereof in the said town of Y''armouth, and the two next adjoining towns ; and the impounder shall relieve the said creatures with suitable meat and water while impounded ; and if the owner thereof appear, he shall pay the sum of one shilling to the impounder, for each neat beast and horse-kind, and fourpence for each sheep and swine, and the reasonable cost of relieving them, besides the pound-keeper's fees. And if no owner appear within the space of six days to redeem the said cattle or horse-kind, sheep or swine so im- pounded, and to pay the costs and damages occasioned by impounding the same, then and in every such case the person or persons impound- ing such cattle or horse-kind, sheep or swine, shall cause the same to be sold at public£k] vendue, and to pay the cost and charges arising about the same (public[kj notice of the time and place of such sale, to be given in the said town of Y'armouth, fort3'-eight hours beforehand), and the overplus, if any there be, arising by such sale, to be returned to the owner of such cattle or horse-kind, sheep or swine, at any time within twelve months next after, upon his demanding the same ; but if no owner appear within the said twelve months, then the said overplus shall be one half to the party impounding, and the other half to the use of the poor of the said town of Yarmouth.

And be it further enacted,

[Sect. 3.] That the said town of Yarmouth, at their meeting in March, annually, for the choice of town officers, be authorized and impowered to chuse one or more meet person or persons whose duty it shall be to see this act observed, and to prosecute the breakers thereof, and who shall be sworn to the faithful discharge of their office ; and in case any person so chosen shall refuse to be sworn, he shall forfeit and pay, for the use of the poor of the said town of Yarmouth, the sum of five shillings ; and upon such refusal, said town from time to time to pro- ceed to a new choice of such officer or officers.

Provided nevertheless, —

And it is hereby declared,

[Sect. 4.] That this act shall not be construed so as to restrain any person or persons on the whaling or fishing business from turning their horses or oxen on the beach and land aforesaid, while the owners are attending thereon the aforesaid business.

[Sect. 5.] This act to commence on the first day of July next, and

[1st Sess.] Province Laavr. — 1757-58. 25

to continue and be in force till the end of the session of the cfeneral court next following the twenty-lilih of IMarcli, one thousand seven hundred and sixty-seven, and no longer. [^Passed June 15 ; imhlished June 17.

CHAPTER 7.

AN ACT FOR CONTINUING AN ACT MADE AND PASSED IN THE TWENTY- NINTH YEAR OF HIS TRESKNT MAJESTY'S REIGN, INTITLED "AN ACT IN ADDITION TO AN ACT MADK IN THE TWENTY-NINTH YEAR OF HIS MAJESTY'S REIGN, INTITLED 'AN ACT MAKING FROVISION FOR THE INHABITANTS OF NOVA SCOTIA, SENT HITHER FROM THAT GOVERNMENT, AND LATELY ARRIVED IN THIS PROVINCE.' "

"Whereas an act made and passed in the twenty-ninth year of his Preamble, present majesty's reign, intitled "An Act in addition to an act made noo-se.ciiap.sa and passed in the twenty-ninth year of his majesty's reign, intitled 'An Act making provision for the inhabitants of Nova Scotia, sent hither from that government, and lately arrived in this province,' " will expire on the twentieth day of June, this present year, and it is necessar}' some provision l)e made for the regulation and support of said inhabitants of Nova Scotia. —

Be it therefore enacted hy the Council and House of Representatives^ That the said act shall continue and be in force from the said twcn- Act continued. tieth da}' of June to the first day of August next, and no longer, \_Passed June IG ; published June 17.

26 Province Laws.— 1757-58. [Chaps. 8, 9.]

ACTS

Passed at the Session begun and held at Boston, ON the Sixteenth day of August, A. D. 1757.

CHAPTEE 8.

AN ACT FOR GRANTING THE SUM OF THIRTEEN HUNDRED POUNDS, FOR THE SUPPORT OF HIS MAJESTY'S GOVERNOUR.

Be it enacted by the Governour, Council and House of Representatives^ That the sum of thirteen hundred pounds be and hereby is granted unto his most excellent majesty, to be paid out of the publick treasur}' to his excellency Thomas Pownall, Esquire, captain-general and governour-in-chief in and over his majesty's province of the Massachu- setts Bajs to enable him to carry on the affairs of government. \_Passed August 31 ; published September 1.

CHAPTER 9.

AN ACT IN FURTHER ADDITION TO THE ACT FOR LIMITATION OF ACTIONS, AND FOR AVOIDING SUITS IN LAW WHERE THE MATTER IS OF LONG STANDING.

Preamble. Whereas, by a law of this province, intitled " An Act in further

1755-56, chap. 22. addition to the act for the limitation of actions, and for avoiding suits in law where the matter is of long standing," made and pass'd in the twentj'-ninth year of his present majesty's reign, the time limit[^]ed for commencing all actions of account, and upon the case, excepting such 1748.49, chap. 17. as are excepted in another act, intitled " An Act in addition to and for the explanation of an act, intitled ' An Act for limitation of actions, and avoiding suits at law where the matter is of long standing,' " made and pass'd in the twenty-second year of his present majesty's reign, will expire the last day of March next ; and whereas the continuance of the war, and great numbers of men that are and may hereafter be in his majesty's service, will make it necessary that some further time may be allowed for the bringing some kind of actions, —

Be it therefore enacted by the Governour, Council and House of Repre- sentatives, Time for bring- [Sect. 1 .] That the time for commencing of actions of the case, upon Ihf ca"e'lc."to notes of hand, or upon book accounts, limit [«]ed by said act of the be extended. ' tweutj-'Sccond, or by said act of the twenty-ninth, year of his present majesty's roign, shall be and hereby is extended to the last day of March, which will be in the year of our Lord one thousand seven hun-

[2d Sess.] Province Laws.— 1757-58. 27

dred and sixt}' ; and no suit hereafter to be brought in such cases shall be barred if commenced before the expiration of said term.

And that this law may be more generall}' known, —

Be it further enacted,

[Sect. 2.] That the act, intitled "An Act for the limitation of This act, &c., to actions, and for avoiding suits in law where the matter is of long stand- and distrk-t"*'* ing." made in the tliirtcenth 3'ear of the present reign, the afores[at]d anniv.rK.iry act, intitled " An Act in addition to and for the explanation of an act, in cuunsMf intitled ' An Act for the limitation of actions, and avoiding suits at law common picM. where the matter is of long standing,' " made and pass'd in the twenty- i740-4i,chap.4. second year of the present reign, and this act shall be read by the clerk of each town and district, at their anniversary meetings in March and May, annually ; and the justices of the several courts of common pleas within tlie respective counties shall cause the same to be publickly read at the opening of their courts, from time to time from the publica- tion of this act, and until [1] the last day of March, one thousand seven hundred and sixty. \_Passed August 31 ; published September 1.

CHAPTER 10.

AN ACT IN ADDITION TO AN ACT INTITLED "AN ACT IN ADDITION TO THE ACT FOR PROVIDING OF POUNDS, &cCa]."

"Whereas it has been found inconvenient for the party damnified by preamble, any creatures which have been impounded and apprized, to be obliged 1703-4, chap. 10. to. keep them to his own use at the apprized value, —

Be it therefore enacted by the Governonr, Council and House of Representatives,

[Sect. 1.] That when any creatures have been impounded and Crcntnreg api)ri/,ed, agreable to the directions of the aforementioned act; if the apprai"(M m"ay^ persun impoiniding don't see fit to take the said creatures at the apprized !^'' ''"''', '-^^ i'"''- value, then they shall be sold at publick outcry to the highest bidder by "^°" '''^^" the person who caused the same to be impounded, notice of the time and place of such sale having been posted up in some publick place in the town in which they are impounded, four da^'s at least before the sale ; and the overplus of the money ari[z][.s]iug by such sale, if any Ihere l)e [shall be], after necessary charges are paid, shall be returned to the owner.

[Sect. 2.] This act to continue and be in force for the space of Limitation, three years from the first day of September next, and no longer. [^Passed August 31 ; published September 1.

CHAPTER 11.

AN ACT TO PREVENT NEAT CATTLE, HORSES AND SHEEP RUNNING AT LARGE AND FEEDING ON THE BE[E][.1]CHES BETWEEN WELLS AND OGUNQUIT HARBOURS, IN THE TOWN OF WELLS, AND TO PRE- VENT THE MOWING OF THE SAME.

"WiiEnEAS there is a large quantity of marish within the township of Preamble. Wells, iu the county of York, on which most of the inhabitants of said town depend for their hay, and the said marish lies adjo[y][/]ning to two long sandy be[e][rf]ches between Wells and Ogumiuit harbours, which is the only barrier to prevent said marish from being destroyed;

28

Province Laws. — 1757-58. [Chap. 11.]

Persons for. biililun to drive cattle, &c , on the lieaclics between Wells and Ogunquit haibors, ou penalty.

Cattle to be impounded, in case.

Cattle to be sold, in case.

Penally for mowing, Kc, said beacbea.

Penalty for leaving open bars, &c., lead- ing to said beaches.

In case any dispute arise, how the same

and by reason of cattle and horses trampling and feeding there, and by some persons mowing the grass on said be[e][a]ches, which was wont to preserve the be[e][a]ches and prevent ilio seas breaking over the same and covering saitl marish willi sand, by which some part of said marish is already destroyed, and the whole is in danger of being buried with the sand, if not timely prevented, —

Be it therefore enacted by the Govemour, Council and House of Representat ives,

[Sect. 1.] That from and after the first daj' of September next, no person shall presume to turn or drive any neat cattle, horses or sheep upon the said be[e] [a]ches to feed, or leave them at large there, on the penalty of four shillings a head for all neat cattle and horse-kind, and sixpence for every sheep so turned upon any of said beaches to feed, or that shall be found at large there ; which penalty may be recovered by any person of the said town of Wells : one moiety thereof to be to the informer that shall sue for the same, and the other moiety to be to and for the use of the poor of said town.

And be it further enacted,

[Sect. 2.] That it shall and may be lawful for any person or per- sons of the said town of Wells finding any cattle, horse-kind or sheep feeding or going at large upon the be[e][a]ches aforesaid or any of them, to impound the same ; and the person or persons impounding them shall give publick notice thereof in said town of Wells, and shall rel[ei][ie]ve said creatures whilst impo[w][M]nded, with suitable meat and water ; and the owner thereof appearing, shall pay to the impounder two shillings for each head of neat cattle and horse-kind, andfourpence for each sheep so impo[w][';]nded, and cost[s] of impounding them. And if the owner do not appear within the space of six days and pay the damages and cost occasioned by impounding the same, then and in every such case the person or persons impounding such cattle, horse- kind or sheep, shall cause them to be sold at publick vendue for pay- ing such damages and costs, and the charge arising by such sale (pub- lick notice of the time and place of such sale, being given forty-eight hours beforehand), and the overplus, if any be, to be returned to the owner of such cattle, horse-kind or sheep on his demand, at any time within twelve months next after the sale ; and if no owner shall appear within the said twelve months, then one moiety of the overplus shall be to the party impounding, and the other moiety thereof to the use of the poor of said town.

And be it further enacted^

[Sect. 3.] That if any person shall presume to mow any grass on said beaches, or carry away any from off said beaches, * shall forfeit and pay the sum of five pounds for every tun, and so in proportion for a greater or less quantity ; which penalty may be recovered by an}^ per- son of the town of Wells : one moiety thereof to be to the informer that shall sue for the same, and the other moiety to be to and for the use of the poor of said town.

And be it further enacted,

[Sect. 4.] That no person shall presume to leave open any bars or gates athwart any road that leads to the said beaches, on penalty of six shillings ; which penalty may be recovered by any person of the town of Wells : the whole thereof to be to him or them that shall sue for the same.

And be it further enacted,

[Sect. 5.] That in case any dispute arise upon any action, bill, plaint or information, brought as aforesaid, where the plaintitf, com-

• The word " he," evidently omitted.

[2d Sess.] Puovince Laws.— 1757-58. 29

plainant or informer shall charge the defendant in trespass for cntting mny be deter. or carrying off any grass from said l)caehcs, or leaving open any bars "'itiVof'ihe'"' or gates as aforesaid, then and in such case, if the plaintiff, complainant plaintiff, &c., or informer, or his agent or attornc}', shall make oath, bond fide, that there hath been cut or carried away to the best of his judgment, any certain quantity of grass, or that any bars or gates have been left open as mentioned in the Avrit[t], and that he suspects the defendant to have committed the said trespasses, and although the plaintiff, complainant or informer, or his agent or attorney, may not be able to produce any other evidence thereof than such circumstances as render it highly probal)le in the judgment of the court or justice before whom the tr[y][/]al is, then and in every such case, unless the defendant shall acquit himself upon oath, to be administred to him ])_y the court or jus- tice that shall try the cause, the plaintiff shall recover against the defendant damages and costs ; but if the defendant shall acquit himself upon oath, as aforesaid, the court or justice may and shall enter up judgm[eyi]t for the defcntlant to recover against the plaintiff double his cost occasioned by such prosecution.

And he it farther enacted,

[Skct. G.] That the said town of Wells, at their meeting in March, oracoratobo annually, for the choice of town otllcers, be and hereby are authorized tii'iTacVcnrrfed and imi)owered to chuse two or more persons whose duty it shall be to '"to «secuUou. see that this act be oliservcd, and prosecute the breakers thereof, who shall be sworn to the faithful discharge of their ofllce ; and in case any Penalty for not person so chosen shall refuse to be sworn, he shall forfeit and pay six- ®*-'"''"*''- teen shillings, for the use of the poor of the said town of AVells : and the said town of Wells, at a town meeting warned for that purpose, ma}-, at any time before March next, chuse such oflicers, who slaall con- tinue until [I] their an[>i]ual meeting in March next.

[SncT. 7.] This act to be in force until [1] the first day of Septem- LimitaUon. bcr, one thousand seven hund[re]d and sixt}-, and to the end of the then next pitting of the general court, and no longer. \_Passed Auqust 31 ; published iScjytember 1.

CHAPTER 12.

AN ACT PROVIDING REMEDY FOR BANKRUPTS AND THEIR CREDITORS.

Whereas divers persons in this province, having of late become disallowed by insolvent, have secreted themselves and their estates, to the great hurt di'' JrliVy 2s"""" of themselves, their families and creditors, for remedy whereof, and to ^^■'''^•* |)revent many inconvcnienc[t]es that happen to creditors and debtors i"'"'^'''"''''^- in cases of insolvency, —

Be it entided by the Governour, Council and House of Representatives, [Sect. 1.] That all persons using, or that shall use, the trade of I'l^rsons liable merchandize, by way of bargaining, exchange, bartering or otherwise, niptVaruni'r'"''' in gross or bv retail, or seeking his, her or their living bv buying and «ii:u c:u<es ibey selling, cither on li:s own account or as a factor, who shall, in writing, and uiijudged make a voluntary declaration, iipon oath, to the secretary of this |)rov- ""■ ince, that he isunai)le topa^'hisdebts, of which the secretary shall make a record and give notice thereof in all the public[k] Boston newspapers Secretary to three weeks successively, or have departed, or shall depart, this province, fiH.''n,j!i\on '° have begun, or shall begin, to keep his or her house, or otherwise absent ncwspajjcrs. him- or herself, or sullcr him- or herself willingly to be arrested for any

* See 17G0-G1, chap. lU, jjusl ; and notes to both chapters.

30

Province Laws.— 1757-58. [Chap. 12.]

Commander-iu- chief, with the advice and con- sent of the coun- cil, under the seal of llio province, to appoint and grant commis- sioners power, &c.

Commissioners to t>xaniino on oath, or other- ■wise to discover debts due to creditors.

Creditors hav- inar security not to be relieved auless.

debt or other thing not grown due, for money delivered, wares sold or other just or lawful cause or good consideration, or hath or shall will- ingly or fraudulently procure him- or herself to be arrested, or his or her goods or money to be attached, or depart from his or her dwelling- house, or make, or cause to be made, any fraudulent grant or conveyance of his, her or their lauds, tenements, goods or chatt[e]l[e]s to the intent, or whereby his, her or their creditors shall or may be defeated or delayed in the recovery of their just and true debts, or being arrested for debt, shall, after his or her arrest, l[y][i']e in prison six months upon that arrest, or upon an}'- other arrest or detention in prison for debt, or being arrested for a just debt or debts, shall, at any time after such arrest, escape out of prison, shall be accounted and adjudged a bankrupt, to all intents and purposes.

And be it further enacted,

[Sect. 2.] That the commander-in-chief, with the advice and con- sent of his majesty's council, upou complaint made to him in writing, against such person or persons being bankrupt, shall have full power and authority, by commission under the great seal of this province, to name, assign and appoint such honest and discreet persons as to him with such advice shall seem good, who, or the most part of them, by virtue of this act and such commission, shall have full power and authorit}^, as in their discretion shall seem meet, to take such order and direction, with the body of such person, wheresoever he or she may be had, either in his or her house or houses, or elsewhere, as well by imprisonment of his or her body, as also with all his or her lands, tene- ments and hereditaments which he or she shall have in his or her own right before he or she became bankrupt, and also with all such lands, tenements and hereditaments as such person shall have purchased and obtained for money or other recompence, jointly, with his wife, chil- dren or child to the only use of such bankrupt or bankrupts, or of or for such use, interest, right or title as such bankrupt or bankrupts then shall have in the same, which he or she may lawfully depart withal, or with any person or persons of trust to au}^ secret use of such bankrupt or bankrupts, and also with his or her money, goods, chatt[e]l[e]s and debts, books of account and papers, wheresoever they may be found or known, and cause the said lands, tenements, hereditaments, money, chatt[e]l[e]s, goods and debts, books and papers, to be searched, viewed, rented and appraized, and by deed indented and duly ac- knowledged and regist[p]red to make sale of such lands, tenements and hereditaments, and of all deeds, writings and evidences touching only the same, belonging to such debtor or debtors, and also of all annuities, goods and chatt[e]l[e]s, or otherwise to order the same for the true satisfaction and payment of the said creditors ; that is to say, a portion rate and rate like to the sum of his or their debt.

And for the better distribution of the lands, tenements, heredita- ments, goods, chatt[e]l[e]s and other estate of such bankrupt to and amongst his or her creditors, —

Be it enacted,

[Sect. 3.] That the said commissioners, or the greater part of them, shall and may examine, upon oath, or by any other ways or means as to them shall seem meet, any person or persons for the finding out and discovery of the truth and certainty of the several debts due and owing to all such creditor and creditors as shall seek relief b}^ such course of commission, to be sued forth as' aforesaid ; and that all and every creditor and creditors having security for his and their several debts by judgment, statute or recognizance, or that have made, or shall make, attachment of any estate of such bankrupt on supposal of his abscond- ing or absence, whereof there shall be no execution served and executed

[2d Sess.] Province Laws. — 1757-58. 31

upon any of the lands, tenements, hereditaments, goods and other estate of such bankrupts, before such time as he or slie shall or do become bankrupt, shall not be rel[ei][ie]ved upon any such judgment, statute, recognizance or attachment for any more than a rateable part of their just and due debts with the other creditors of the said bank- rupt.

And be it further enacted^

[Sect. 4.] That every direction, order, bargain, sale and other things DirfcUon, done by the said persons so authorized as aforesaid, in form aforesaid, tbe^om.ni'ssli.n. shall be good ami effectual in the law to all intents, constructions and ers to bo gooa purposes, against the said bankrupt or bankrupts, his or their wife or orcbn.iron.^'c^, wives, heir and heirs, child and children, and such person [and] [or] per- of any bankrupt, sons as, by such joint purchase with the said bankrupt or bankrupts as is aforesaid, have or shall have any estate or interest in the preiuis[s]es and against all other person and persons claiming hy, from or under such debtor or debtors by an}- act or acts had, made ot done after any such person shall become bankrupt as is aforesaid.

And be it finiher enacted,

[Sect. 5.] That the commissioners, or the greater part of them, Commiasionera after having declared such person a bankrupt, shall cause notice thereof not1co"orVcr^ to be given in the publick Boston newspapers for three weeks success- f*o''s (lociared ivcly, and shall therein appoint time and place for the said bankrupt to Wben ami where surrender him- or herself to them, and to conform to this act, which time ^<> s""'^"'!'-''"- they, or the greater part of them, may enlarge, as is hereafter men- tioned ; and if the said bankrupt shall not at one or other of those times Bankrupts surrender him- or herself to the said commissioners, then the body of hisTiafest"'"' all and every such offender or offenders shall be adjudged, taken and P'oiectiou, ia deemed, to all intents [and] purposes, out of his majesty's protection ; and ever}'^ person and persons that shall willingly and wit[i]ingly help Persons not to to hide or shall wittingly and willingly receive, detain or keep secretly nipis'.'ou''" ' any person or persons so demanded, as is aforesaid, shall suffer such peuaity. imprisonment or pay such fine as to the court of assize upon conviction thereof shall seem meet.

[Sect. 6.] And t lie said commissioners, or the greater part of them, CommisBionprs shall, or may, at any time after the issuing of such commission, as they in ramVto'bn^it''^" tiu'ir discretion shall think lit. award a warrant to the slicrilf of the b:'"krupta county, his under shorilf or deputy, to apprehend the body and bodies of the said bankrupt and liankrupts, and to bring him, her or them before the said commissicjiiers wheresoever the said party or jjarties may be found, to be examined by the commissioners, or the greater i)art of tliein.

[Sect. 7.] And it shall be lawful for the said commissioners, or the CommisBionors greater part of them, or any other person or persons, ofllcer or ofTicers, r"'m« for br^ak- by them, or the greater part of them, to be deputed and appointed by l.'f "r'tp'*^" / their warrant or warrants, under their hands and seals, to break open any j)aukrupt. the house or houses, chambers, shops, warehouses, doors, trunks, or chests of the said bankrupt, where an}' of his or her goods or estate shall be, or be reputed to be, and to seize upon and order the body, goods, chatt[e]l[e]s, ready money, and other estate of such bankrupt, whether it be by imprisonment of his or her body, or otherwise, as to the said com- missioners, or tbe greater part of them, shall be thought meet.

[Sect, y.] And it shall be lawful for the said commissioners, or the nanfcrupts to be greater part of them, to examine every person, against whom any com- "ih"'or'if°" mission shall be awarded, by oatli, or, if of the people called (Quakers, by QnakiTi., by solemn affirmation, upon such interrogatories touching such i)ersons, '''^'■™""""' lands,tenements, hereditaments, goods, chatt[e]l[e]s,del)ts, bills, ])onds, books of accounts, and all other matters relating to his or her trade and effects, and such other things as may tend to disclose his or her estate, or the secret grants, conveyances and eloyning of his, her or their lands,

32

Province Laws. — 1757-58. [Chap. 12.]

Wife of any bankrupt may bo fxamiucd.

Or any person snspecteil to be indebted to any bankrupt, &c.

Bankrupts' answers to bo reduced to writing.

Bankrupts or tlieir wives may be imprisoned for refusing to answer.

Warrant for commitment to specify the question.

Persons com- mitted applying by writ of habe- as corpus to bo discbarared, may be recommitted, in case.

Penalty for the jailer's wilfully Buffering an escape, &;c.

Penalty for perjury com- mitted by the bankrupt.

tenements, hereditaments, goods, money, and debts, as they shall think meet ; and likewise so to examine the wife of such bankrupt, for the finding out and discovery of the estate, goods and chatt[e]l[e]s of such bankrupt, concealed, kept or disposed of by her in her own person, or by her own act and means, or by any other person or persons ; and likewise so to examine any person supposed or suspected to be indebted to the said bankrupt, or to have any of the goods, chatt[e]l[e]s, debts, estate or securities of such bankrupt in his or her custody, use, occu- pying, direction or command ; or any other person duly summoned or present at the meeting of the commissioners touching the premis[s]es, and any acts of bankruptcy committed b^- liim or her, and also to reduce into writing the answers of such bankrupt[s], his wife or other person, which examination the party examined is required to subscribe.

[Sect. 9.] And in case such bankrujjt, his wife or other person, shall refuse to answer, or shall not fully answer to the satisfaction of the commissioners, all lawful questions put by the commissioners, or shall refuse to subscribe his examination, not having a reasonable objection to the wording therec^f, or otherwise, to be allowed by the commissioners, it shall be lawful for the commissioners, by warrant, to commit him or her to such prison as the commissioners shall think. fit, there to remain without bail until [1] such person shall submit him- or herself to the commissioners, and full answer make, to the satisfaction of the commissioners, to all such questions as shall be put to him or her, and subscribe such examination as aforesaid.

[Sect. 10.] And in case any person shall be committed by the com- missioners for refusing to answer or not fully answering any question, the commissioners shall, in their warrant of commitment specify such question ; and in case an}-^ person committed by the commissioners' warrant, shall bring a habeas corpus in order to be discharged, and there shall appear any insufficiency in the form of the warrant, it shall be law- ful for the court or judge before whom such party shall be brought by habeas corpus^ by rule or warrant, to commit such person to the same prison, there to remain until[l] he or she shall conform as aforesaid, unless it shall be made appear that such person hath fully answered all lawful questions put b}' the commissioners, or, in case such person was committed for not signing his examination, unless it shall appear that the party had good reason for refusing to sign the same.

[Sect. 11.] And in case any goaler, to whom such person shall be committed, shall wil[l]full3' sutler such person to escape or go without the walls or doors of the prison, such goaler shall for such offence, being convicted thereof by indictment or information, forf[ie][ei]t five hun- dred pounds for the use of the creditors ; and the goaler shall, upon re- quest of any creditor having proved his debt and produced a certificate thereof under the hands of the commissioners, which the commissioners shall give gratis, produce such person so committed ; and in case such goaler shall refuse to shew such person so committed and being in his actual custody at the time of such request, to such creditor requesting to see such person, such goaler shall forfeit an hundred pounds for the use of the creditors, to be recovered by action of debt in the name of the creditor requesting sucii sight.

And be it farther enacted^

[Sect. 12.] That if, upon the examination of such bankrupt, it shall appear that he, she or they have committed any wilful or corrupt per- jury tending to the hurt or damage of the creditors of the said bank- rupt to the value of ten pounds or above, the party so offending shall or may thereof be indicted in his majesty's court of assize, and being law- fully convicted thereof, shall stand in the pillory one hour, and have one of his ears cut off.

[2d Sess.] Province Laws.— 1757-58. 33

[Sect. 13.] Aud it shall and may be lawful for such commissioners, commissioncra or the greater part of them, to issue proec^ss against the wife of such ^jf^; ^'J-' '"^y^"** bankrupt, to brhig her before them for examination ; and if she or any bankrupt for other person duly suunnoned sliall tail of appearing before the said com- |.^^^nunauoa, missioners at the time and [)laee l\v them ai)p()inted, they shall incur[r] such danger and penalty as is above made and i)rovidcd against the l)anlvrupt himself ; and the lawful costs of all witnesses shall be rateably born by the creditors of such baukrui)t, according to the proportion of each of their several debts.

And be it farther enacted,

[.Si;CT. 14.] That if any bankrupt shall, upon examination before Frauds to be the s[a/]d commissioners executing the said commission, be found coun of ^\'ie, fraudulently or deceitfully to have conveyed awa}' his or her goods, &c. chatl[e]l[e]s, lands, tenements, rents, annuities or otiier estate, or any part thereof, to the value of twenty pounds or above, to the end and purpose to hinder the execution of this act, or thereby to defraud or delay or hinder his or her creditors of the same, and shall not, upon examination, discover to the said commissioners, or the greater part of them and, if it be in his or her power, deliver unto the said commission- ers all that estate, goods and chatt[c]l[e]s so fraudulently conveyed away as aforesaid, or by him or her, his or her means ke[)t or detained from the said connnissioners, or shall not, as far as lies in his or her power, convey to the said commissioners all his or her estate, being out of this province, to be disposed of b\' the said commissioners as his or her other estate for the benelit of the creditors, shall or may be indicted for such fraud or abuse, at the assizes or general sessions to l)e holden before the judges of assize or justices of the peace of the county where he or she shall become bankrupt, and the bankrupt, upon conviction thereof, Penalty, shall stand in the pillory one hour, and have one of his cars cut off.

A)id be it further enacted,

[Sect, lo.] That if any person which is or shall be a bankrupt, by wiiere lands, the intent of this act, shall convey or procure, or cause to be conveyed uicnti^co''" " to any person or persons any lands, tenements, hereditaments, iiiin"- vMrfbi'^con"** ities, leases, goods, chatt[e]l[e]s, or transfer his debts into other men's Bi'doratio i, the names, except the same shall be purchased, conveyed or transferr[e]'d m'"y d'i^posi' of for some good or valuable consideration, it shall be in the power <'i''"''-;ra^- <<"■ the and authority of the commissioners in this behalf to be appointed, or ureOitoM. the greater part of them, to bargain, sell, grant, convey, demise or otherwise to dispose thereof, in as ample manner as if the said bankrupt had been actually seized or possessed thereof, or the debts were in his own name, of the like estate or interest, to his or their own use, at such lime as he or she became bankrupt, and that every such grant, bargain, sale, conveyance and disposition of the said commissioners, or the greater part of them, shall be good and available to all intents, con- structions and purposes in the law against the offender and olfenders, his heirs, exe[c»<]ors, adm[//u'siA<^]ors and assigns, and such persons as shall be subject to this act, and against all other person or persons claiming by, from or under such otfender or offenders, or such said other persons to whom such conveyance shall be mA^ by the bankrupt, or by his means or procurement.

And be it further enacted,

[Sect, lo.] That if any person or persons being known, supposed Persons detain, or suspected to have or detain any part of the lands, tenements, heredit- Jf^miy bank-'* aments, goods, chatt[e]l[e]s or debts of the said bankrupt, or to be j,X'i,u.d''tiiaf indebted to or for his or her benefit, sliall not upon examination dis- on oxaminaiioa close and plainly declare and shew the whole truth of such things as he ciosi "be witoio or the}' shall be examined of concerning the premisses to his knowledge, truth, to pay then every such person or persons, upon due proof thereof to be made of lauds.'&c!' "°

34

Province Laws. — 1757-58.

[Chap. 12.]

Forfeitures to be distributed for the payment of creditors.

Persons fraud- ulently claiming or recovering debts, &e., of any person deemed or ad- judifcd a bank- rupt, to forfeit double as much as ^liall be claimed or demanded.

Persons ititrusted and wilfully con- co:iliug tbe ostnte of any banlcrupt, to be iined £100.

Persons com- mitting wilful perjury, to be indicted, &c.

Penalty.

St. 5Eliz.,ch. 9.

Sums of money forfeited to be recovcicd by creditors.

before the said commissioners, or the greater part of them so to be appointed as is aforesaid, by witness, examination or otherwise, as to the said commissioners, or the greater part of them, shall seem suffi- cient in that behalf, shall lose and forfeit double the value of all such goods, chatt[e]l[e]s, wares, merchandizes and debts by them, or any of them, so concealed, and not wholly and plainly- declared and shewed, which forfeiture shall be levied by the said commissioners, or the greater part of them, of the lands, tenements, hereditaments, goods and chat- t[e]l[e]s of such person not disclosing the whole truth as is aforesaid, by such waj's and means, and in such manner and form, as is before limit [^]ed and appointed for the principal offender or offenders, debtor or debtors, and the same forfeiture or forfeitures to be distributed or employed to and for the satisfaction and payment of the debts of the said creditor or creditors, in such like manner, rate and form as is above declared concerning the ordering of the lands, tenements, goods and chatt[e]![e]s of such debtor or debtors as is aforesaid.

And be it further enacted,

[Sect. 17.] That if at any time before or after such voluntary dec- laration to the secretaiy, or that au}^ such person or persons depart the province, keep his or their houses, or otherwise absent him- or them- selves, or suffer him- or themselves to be arrested or imprisoned, or escape as is aforesaid, any person or persons fraudulently, by coven or collusion, claim, demand or recover any debts, duties, goods, chat- t[e]l[e]s, lands or tenements which were or shall be due belonging or appertaining to any such bankrupt or bankrupts, other than such as he or they can or do prove to be due by right and conscience in form afore- said for money paid, wares delivered, or other just consideration or cause reasonable, to the just value thereof, before the said commission- ers so to be appointed, or the greater part of them, as is aforesaid, and the same to proceed bona fide without fraud or coven, that then every such person or persons so craftily demanding and claiming any such debt, duty or other thing as is aforesaid, shall forfeit and lose double as much as he or they shall so claim and demand, which said forfeiture shall be recovered, levied and employed in manner and form as is before rehearsed.

[Sect. 18 .] And every person who shall have accepted any trust, and shall wilfully conceal any estate of any bankrupt, and shall not, within forty-two days after such commission shall issue and notice given in the public[k] newspapers, discover such trust and estate in writing to one of the commissioners or assignees hereafter mentioned, and submit to be examined thereupon, if required, shall forfeit one hundred pounds and double the value of the estate concealed to the creditors.

[Sect. 19.] And if any person or persons other than the bankrupt, either by subornation, unlawful procurement, sinister perswasion, or means of any other, or by his own act, consent or agreement, shall wil[l]- fuUy and corruptly commit any manner of wilful [1] perjury by his depo- sition to be taken before the s[ai]d commissioners, or the greater part of them as aforesaid, that then the party or parties so offending, and all and every person and persons that shall unlawfall}^ and corruptly procure any such unlawful, wilful [1] and corrupt perjury, shall or may therefor be indicted in his majesty's superiour court, and after his or their conviction thereof, shall incur such forfeiture, and receive and suffer such pains and punishments, as are limited by the statute made concerning perjury in the fifth year of the reign of Queen Elizabeth.

And he it further enacted,

[Sect. 20.] That all and every sum and sums of money which shall be forfeited by force of this act, shall be sued for and recovered by the said creditors only, or any of them that will sue for the same, by action

[2d Sess.] Pkovlnce Laws. — 1757-58. 35

of debt, bill, plaint or information in any of his majesty's courts of rec- ord, and the sum and sums of money so recovered, the charges of suit being deducted, shall be distributed and divided towards the payment of the said creditors.

Provided, cdways, —

And he it enacted^

[Sect. 21.] That if it shall happen that the creditors of any such Proviso relating bankrupt as is aforesaid be i)aid and satislied their debts and duties of '» ''^'•''eiiu'-'-a. or with the proper lands, tenements, goods, chatt[(']l[e]s and debts of the said bankrupt, or of or with the same and some part of the forfeit- ures of the said double values to be forfeited as is aforesaid, and that there shall remain an overplus of the said forfeiture of the said double values, that the said overplus shall, b}' the said commissioners so exe- cuting the said commission, be paid to the treasurer of this province for the use thereof.

A)idbe it further enacted,

[Sect. 22.] That the commissioners of bankrupts or the greater Commissioners part of them shall have power to grant and assign, or otherwise to p^osoof debt's,'* order or dispose all or any of the debts due, or to be due, to and for the *^° • Jj-''^'®

T • . 1 • 1 1 1 1 1 • benctit of

beneht oi the saitl bankrupt, by wiiat person or persons soever, or ni banisrupu. what manner and foim soever, to the use of the creditors of the saiil bankrupt ; and that the same grant, assignment or disposition of the said debts, in form hereafter mention[f]'d, by the said commissioners, or the greater part of them, shall so vest the property, right and inter- est of the said debt and debts, in the person or persons of him. her or them to whom it 'shall be granted, assigned or ordered by the said commissioners, or the greater part of them, as fully to all intents and purjwses as if the bill, bond, bonds, recognizances, judgment or con- tract whereui)on the said debt or debts, deed or deeds shall arise or grow, had l)eeu made to or with, or for, the said person or persons to whom the same shall be so granted, assigned or disposed by the said commissioners ; and that after such grant, assignment or disposition made of the said debts, that neither the bankrupt, nor any other to whom such del)t[6] shall be due, shall have power to recover the same, nor to make any release or discharge thereof; neither shall the same be attached as the debt of the bankrupt, or such said other person or per- sons, to whom the same shall be due by any other person or persons ; but that the party or parties, to whom the same debt shall be assigned, shall have like remedy to recover the same, as full}' and lawfully, in the name or names of the person or persons to whom the same shall be so granted, assigned or ordered by the said commissioners, in all re- spects and puri)oses, as the party hunself might have had.

Provided alicaj/s, —

[Sect. 23.] Tliat no debtor of the bankrupt hereby be en- Proviso respect. danger[e]'d for any payment truly and bond fide made to any such "^ *^ ^°"' bankru[)t before such time as he shall understand or know that he is become a liankrupt.

Provided, (dso, —

And be it farther enacted, - *

[Sect. 24.] That such of the said commissioners as shall put the Commissioners saitl commission in execution shall, upon lawful[l] request to them tilmt) any*^ '"^*' made bv the said bankrupt, not only make a true declaration to the i>"'i<"'i>t"f the

• 1 1 'i ^1 1 • 11 • 1 • 1 cmplosMtig or

saul bankrupt of the employing and bestowing of his, her or tlieir said bestowing of lands, tenements [and] heieditamonts, goods, wares, chatt[f']l[(']s and wb "n i^r. wfuMy'* debts which shall be paid and satislied to their said creditors, but also requested, make payment of the overplus of tlic same, if. any such there be, to the said bankrupt, their executors, administrators and assigns, and that the said bankrupts, after the full satisfaction of the said creditors, shall

36

Province Laws.— 1757-58. [Chap. 12.]

Creditors petitioning for a commission of ■banliruptcy to prosecute the same at their own cost until assisrnccs shall be chosen.

Public notice to be given the creditors of any bankrupt of the time and place of meeting for the choice of assignees, &c.

Assignees appointed by commissionr^rs may bo removed at tlio meeting of creditors, &c.

Forfeiture for neglect of assignees.

Commander-in- chief, with advice of the council, to make order for the choice of now assignees, &c.

have full power and authority to recover and receive the residue and remainder of the debts to them owing, anything in this act contained to the contrary in any wise notwithstanding.

A7id be it further enacted,

[Sect. 25.] That the creditors who shall petition for a commission of bankruptcy shall be obliged, at their own costs, to prosecute the same until[l] assignees shall be chosen ; and the commissioners shall, at the meeting appointed for the choice of assignees, ascertain such costs, and by writing shall order the assignees to reimburse such peti- tioning creditors out of the first effects of the bankrupt that shall be got in, and the commissioners shall forthwith, after they have declared the person a bankrupt and caused notice thereof to be given in the pub- lic [k] newspapers, appoint time and place for the creditors to meet, in order to choose assignees ; at which meeting the commissioners shall admit the proof of any creditor's debt that shall live remote from the place of such meeting by affidavit or solemn affirmation, and permit any person duly authorized by letter of attorney (oath or affirmation being made of the execution thereof, either by an affidavit sworn or affirmation made before a justice of the peace or before the commis- sioners viva voce, and in case of creditors residing in distant parts, such affldavit[t]s or affirmations shall be made before a magistrate where the party shall be residing, and shall, together with such credit- or's letters of attorney, be attested b}' a notary publick) to vote in the choice of assignees in the jilaco of such creditor, and the commissioners shall assign such bankrupt's estate unto such persons as the major part in value of such creditors, according to the debts then proved shall choose ; and the assignees shall be obliged to keep books of account, wherein they shall enter all sums of money or' other effects which they shall have received out of said bankrupt's estate, to which books every creditor shall have free resort, and no creditor or other person on behalf of any creditor shall be permitted to vote in such choice of assignees whose debt[s] shall not amount to ten pounds.

[Sect. 2G.] And it shall be lawful for the commissioners imme- diately to appoint assignees, which assignees shall be removed at the meeting of the creditors for choice of assignees, if the major part in value of them then present and if such persons authorized as aforesaid shall think fit ; and such assignees as shall be removed shall deliver up the said bankrupt's effects and estate unto the assignees chosen by the creditors ; and if such first assignees shall neglect by the space of ten da3's, after notice in writing, to make such assignment and delivery, every such first assignee shall forfeit two hundred pounds to be dis- tributed amongst the creditors and to be recovered by such person as the commissioners shall appoint to sue for the same.

[Sect. 27.] And it shall be lawful for the commander-in-chief, with the advice of his majesty's council, upon petition of the creditors, to make such order for the choice of new assignees as he, with such advice, shall think just ; and in case a new assignment shall be ordered, then such effects of such bankrupt shall be thereby effectually vested in such new assignees, and it shall be lawful for them to sue for the same in their names, and to give acquittance for debts, as the assignees in the former assignment might have done ; and the commissioners shall cause publick notice to be given in the Boston newspapers that shall imme- diately follow the removal of such assignees and the appointment of others ; and before the creditors shall proceed to the choice of assign- ees, the major part in value of the creditors present shall, if they think fit, direct how and with whom the monies to be received out of the bankrupt's estate shall remain until[l] the same be divided, to which

[2d Sess.] Province Laavs.— 1757-58. 37

rule such assignees' shall conform as often as fifty pounds shall be got in.

[Sect. 28.] And the persons chosen assignees shall, after the expi- Assignees to ration of four mouths and williin twelve months from the time of issu- fhey,','bVi7n'"w8. intr such commission, cause twcntv-onc days' notice to be given in the papers of the

'"',, „ , ■ ■,!,; •• ^ • linic ana place

publick newspapers of tbe time and place the commissioners and assign- of commission- ees intend to meet and make a dividend, at which time the creditors ^"neesJmc'cting who have not before proved tbeir debts shall be at liberty to prove the to-makc <iivu same ; and upon every such meeting the assignees shall produce *^'""^' ^'^' accounts of their receipts and payments, and of what still shall remain outstanding, and shall, if the creditors present require the same, be examined upon oath or solemn aflirmation touching the truth of such accounts, and the assignees shall be allowed all just allowances ; and the commissioners shall order such part of the neat produce of the said bankrupt's estate in the hands of [tlie] said assignees, as they shall think fit, to be divided amongst the creditors, and shall make such order for a dividend in writing, and shall cause one part of such order to be filed amongst the proceedings under the commission, and shall deliver unto each of the assignees a dui)licate of such order, which order shall con- tain an account of the time and place of making such order, and the sum total of the debts proved, and the sum total of the money remain- ing in the hands of the assignees, and how much in the pound is then ordered to be paid ; and the assignees, in pursuance of such order, shall forthwith make such dividend and take receipts in a book from each creditor.

rSECT. 29.1 And it shall be lawful for the assignees, with the consent AsMtmccs, with

«. .-■,. , „ ., T. . , .. the ronseiit of

of the major part in value of the creditors present at an}' meeting, pur- the major part suant to notice in the public[k] newspapers, to submit any dilference °os\'ibmirany"' between such assignees and any person whatsoever, b}' reason of an}' difTcronce to matter relating to such bankrupt, to the determination of arbitrators, "'"'''^"tioii. or otherwise to compound the n>atter[s] in difference as the assignees, with such consent, can agree. And the assignees are impow[e]red, with consent of creditors, to make composition with any debtors to such bankrupts wliere the same shall appear necessary.

[Sect. 30.] And the commissioners shall appoint, within the time Times for com- rimit[^]ed for the bankrupt to surrender and conform as aforesaid, not mming^^wi'thin less than three meetings, the last of which shall be on the day limit[«]ed !.|j'^ '''"''. '.'"l!^^'* for such bankrupt's appearance, and three weeks' notice shall be given rupttosurren- in the pul)li{'[k] newspapers of the time and place of such meetings; dcr himself, and it shall ])e lawful for them to enlarge the time for such person's sur- rendering himself and discovering his eflccts, not exceeding fifty days from the end of the time limit [/]cd as aforesaid, so as such order for cnlarg[c]ing the time be made six days before the time on which such person was to surrender himself.

[Sect. 31.] And every such bankrupt, after assignees shall be Bnnkmptsto appointed, shall deliver, upon oath or aflirmation before a justice of the assiVnocs^on peace, unto such assicrnees, all his books of accounts and writings not o^ih, hooks of

I ' ~ ^ ~ nccouiitt &c.

seized by the messenger of the commission or not before delivered up to the commissioners and then in his power and discover such as arc in the power of any other person that anyways concern his estate ; and every such bankrupt not in prison shall, after such surrender, be at liVierty and shall attend sucli assignees, upon notice in writing, in order to assist in making out the accounts of the estate.

[Sect. 32.] And every bankrupt having surrendered shall, at all Anyhankrnpt seasonable times before the expiration of the said first limited time llorolni'imsdf" aforesaid or such further lime as shall be allowed to finish his examina- 'o have ubcny

, . fi . . ■ . , • 1 1 1 •.• • ,1 „ to inspect nis

tion, be at lilierty to inspect his ])ooks and writings in the presence of books, &r, eomc person to be appointed by the assignees, and to bring with him

38

Province Laws.— 1757-58. [Chap. 12.]

Bankrupts to be free from arrests in coming to Burreuder, &c.

Penalty, &c.

Any 'bankrupt that shall be in custody when commission is issued, &c.

Expense of examination, how to be paid.

Bankrupts in execution to be attended in prison.

Allowance to bankrupts who shall surrender a.nd conform to this act.

Bankrupts to be discharged from all debts owing, &c.

Bankrupts impleaded, &c., to be discharged on common bail.

Bankrupt may plead in general, &c.

Allowance to bankrupts where their estate will not pay 10s. in the pound. Bankrupts' bodies to be free from arrests, &c.

Future estate liable to credit. ors.

for his assistance such persons as he shall think fit, not exceeding two at one time, and to make extracts and copies to enable him to make a full discovery of his effects ; and the said bankrupt shall be free from arrests in com[e]ing to surrender and from actual surrender for such time as shall be allowed for finishing his examination : provided^ such bankrupt was not in custody at the time of surrender. And in case such bankrupt shall be arrested for debt or on an}^ escape warrant, coming to surrender or after his surrender, within the time before men- tioned, then, on producing such summons or notice, under the hands of the commissioners or assignees, and giving the officer a copy thereof, he shall be discharged ; and in case any officer shall detain such bank- rupt, such officer shall forfeit to such bankrupt, for his own use, five pounds for every day he shall detain him ; and in case any bankrupt be in custod}^ at the time of issuing tlie commission, and is willing to sub- mit to be examined, and can be brought before the commissioners and creditors, the expence thereof to be paid out of the bankrupt's estate ; but in case such bankrupt is in execution, or cannot be brought before the commissioners, then the commissioners shall attend the bankrupt in custody and take his discovery ; and the assignees shall appoint per- sons to attend such bankrupt in prison and produce his Iiooks and writings in order to prepare his discovery, a copy wdiereof the assign- ees shall apply for and the bankrupt shall deliver to their order ten days before such last examination.

[Sect. 33.] And all bankrupts who shall surrender and conform, as by this act is directed, shall be allowed five per cent out of the neat produce of the estate that shall be received, in case the neat produce of the estate, after such allowance made, shall be sufficient to pay ten shillings in the pound, and so as the said five per cent shall not amount to above two hundred pounds ; and in case the neat produce of the estate shall be sufficient to pay twelve shillings and sixpence in the pound, then all the persons so [per] [co??] forming shall be allowed seven pounds ten shillings per cent, so as such allowance shall not amount to above two hundred and fifty pounds ; and in case the neat produce shall, over and above the allowance, be sufficient to pay fifteen shillings in the pound, then persons so conforming shall be allowed ten per cent, so as such ten per cent shall not amount to above three hundred pounds ; and every such bankrupt shall be discharged from all debts owing at the time he did become bankrupt.

[Sect. 34.] And in case such bankrupt shall afterwards be impleaded, for any debt due before he became bankrupt, such bankrupt shall be discharged upon common bail and may ])lea(l in general that the cause of action did accrue before such time as he became bankrupt ; and the certificate of such bankrupt's conforming and the allowance thereof shall be sufficient evidence of the trading bankruptcy commission and other proceedings precedent to the obtaining such certificate : unless the plaintiff can prove the said certificate was obtained unfaiil}-, or make appear any concealment by such bankrupt to the value of ten pounds.

[Sect. 35.] And if the neat proceeds of such bankrupt's estate shall not amount to ten shillings in the pound, such bankrupt shall not be allowed the five per cent, but shall be allowed so much as the assignees and commissioners shall think fit, not exceeding three per cent.

[Sect. 36.] And in case any commission of bankruptcy shall issue against any person who shall have been discharged by virtue of this act, or shall have compounded with his creditors, or delivered to them his effects and been released by them, or been discharged by any act for the relief of insolvent debtors, then the body only of such person con- forming shall be free from arrest and imprisonment, but the future estate of such person shall remain liable to his creditors, the tools of trade.

[2d Sess.] Province Laws.— 1757-58. 39

necessary hons[e]holcl goods nnrl iicccssai'v wearing apparel[l] of siicli Exception, bankrupt and his wife and cliildron excrpted : unless the estate of such person shall produce, clear, fifteen shillings in the pound.

And be it further enacted,

[Sect. 37.] That no discovery shall intitle such bankrupt to the Bankrupt not benefits allowed by this act, unless the coraniissioners or the major part {lu^'jJJienTof of them shall, under their hands and seals, certify to the commander- tbis act, unless, in-chief, that such bankrupt hath made a full discovery of his estate, and in all things conformed himself according to the directions of this act and that there doth not appear to them any reason to doubt of the truth of such discovery ; and unless the greater part in number and in Certificate to be value of the creditors, who shall be creditors for not less than ten gixauViprlnof pounds, respectively, or some other person by them duly authorized, crcaiiois, &c. shall sign such certificate ; and the commissioners shall not certify 'till Commissioners they shall have proof by affidavit or affirmation, in writing, of such thoy'iiavo'proof creditors or of the persons J)y them authorized signing the certificate, by affidavit, &c and of the power by which any i)erson shall be authorized to sign for any creditor (which affidavit or affirmation together with such author- ity to sign shall be laid before two of the justices of the superiour court with the said certificate), and unless such bankrupt make oath or Bankmptto solemn aifirmation, in writing, that such certificate was obtained with- ^'ruiicatc'w^s'' out fraud, and unless such certificate shall, after such oath or affirma- obtained wiih- tion, be allowed by two of the s[a<"]d justices ; and any of the creditors ""^ '^''" ' of such bankrupti.s] may be heard, if they think fit, against the making such certilicate and against the confirmation thereof; and every security Security jnven to be given to the use of any creditor as a consideration to persuade "j^^,nie''ccnif" him to sign such certificate shall be void, and the party sued on such icKtc, to be void, contract may plead the general issue and under it give this special mat- ter in evidence.

[.Skct. .38.] And nothing in this act shall give any advantage to Notbin^ in thia any bankrupt who shall have lost, in one day the value of forty shil- a^uantaiic'to lings, or in the whole the value often pounds within twelve months bankrupts, &c. next preceeding his becora[e]ing bankrupt, at cards, dice or other game, or hath born a share in the stakes or betting.

[Sect. 3;).] And if an}- bankrupt who shall obtain his certificate Any bankrupt shall be taken in execution and detained in prison, on account of an}' o\^iI!,ufurob! debts contracted before he became a bankrupt, l)y reason that judgment tainin;,' a certif- was obtained before such certificate was allowed, it shall be lawful for ciiargcd, &c.'* any one of the judges of the court wherein judgment hath been so ol)tained, on such bankrupt producing his certificate allowed, to order any sheriff or goaler, who shall have such bankrupt in his custody, to discharge such bankruj)! without fee; and upon certificate, under the On certificate of bands and seals of the commissioners that such commission is issued S'^immi'ifs'ioa and such person proved before them to become bankrupt, it shall be i" '■^sued, &c., lawful for any of his majesty's justices of the superiour court, or of iupirior"cour't, the courts of common pleas, and they are hereby required, upon appli- ^aVranf'^''"' cation made, to grant their warrants for apprehending such person, and him to commit to the common goal of the county where he shall be apprehended, and there to remain until [1] he be removed by the order of the commissioners; and the goaler, to whose custody such person Any bankrupt shall be committed, is required to give notice to one of the commission- ",\Tmiu7ni% sc" ers of such person being in his custody; and if any person so appre- to iiav.- iiu- bended shall, within the time allowed, submit to be examined and act".*^ ' conform as if he had surrendered, such perscJh shall have the benefit of this act, as if he had voluntarily come in.

[Sect. 40.] And every person, who shall, after the time allowed to rergons making such bankrupt, voluntarily make discovery of any part of such bank- aiTJwcd? ' '° ''^ riipt's estate, not before come to the knowledge of the assignees, shall be

40

Province Laws. — 1757-58. [Chap. 12.]

Persons taking bills, &o., may petition for a commission or bankruptcy. No commission of bankruptcy to bo awarded on a single debt less than £50.

Persons peti- tioninsr to make oath and give bond.

Secretary, in certain cases, to assign bond.

Any bankrnpt giving security to such person as shall sue out a commission for payment of more in the pound than the other creditors, new commis- sion to issue.

Penalty for any bankrupt swear- ing or affirming that any money is due which is not.

Bankrupts to attend assignees to settle ac- counts, &c.

Upon neglect to be committed, &c.

allowed live per cent, and such further reward as the assignees and the major part of the creditors in value present at any meeting of the creditors, shall think fit.

[Sect. 41.] And it shall be lawful for persons taking bills, notes or other securit}', for money paj-able at a future day, to petition for a commission, or join in petitioning.

[Sect. 42.] And no commission of bankruptcy shall be awarded unless the single debt of the creditor, or of more persons being part- ners petitioning for the same, amount to fifty pounds, or unless the debt of two creditors petitioning amount to sevent3--five pounds, or unless the debt of more creditors petitioning amount to an hundred pounds ; and the creditors petitioning shall, before the same be granted, make affidavit or solemn affirmation before a justice of the peace of the truth of their debts, and give bond to the secretary of the province in the penalty of a hundred pounds, to be conditioned for proving their debts, as well before the commissioners as upon a trial at law, in case the due issuing forth of the same shall be contested, and also for prov- ing the party a bankrupt, and to proceed on such commission as herein is mentioned ; and if such debts shall not be really due, or if, after such commission taken out, it cannot be proved that the party was a bank- rupt, then the seci'ctary shall, upon request of the party grieved, assign such bond to the party who may sue for the same in his own name.

[Sect. 43.] And if any bankrupt shall, after issuing of any com- mission against him, pay the person who sued out the same, or deliver to such person goods or security for his debt, whereby such person suing out such commission shall privatel}^ have more in the pound than the other creditors, such payment, delivery of the goods or giving security shall be deemed an act of bankruptcv, whereby such commis- sion shall be super[c] [.s]edcd ; and it shall be lawful for the coinmander- in-chicf, with advice as aforesaid, to award to any creditors petition- [ing][ed] another commission, and such person receiving such good:i or other satisfaction shall forfeit as well his whole debt as the whole he shall have received, and shall pa}' back and deliver up the same, or the full thereof to be divided amongst the other creditors ; aud where it shall appear that there hath been mutual credit given, or mutual debts between the bankrupt or any other person, the commissioners or assignees shall state the account, and one debt may set against another, and [the'] only [the] bal[l]ance of such account shall be claimed or paid.

[Sect. 44.] And if any person shall, before the commissioners, or liy affidavit or affirmation exhibited to them, swear or affirm that any sum of money is due to him from any bankrupt, which is not reall}' due, knowing the same to be not due, and being convicted by indictment or information, such person shall suffer as in case of wilful [1] perjury, and shall be liable to pay double the sum so sworn or affirmed to be due.

[Sect. 4.5.] And after such bankrupt shall have obtained his certif- icate and the same shall be confirmed, such bankrupt shall be obliged, upon notice in writing, to attend the assignees in order to settle any account of such bankrupt's estate, cr to attend any court of record to be examined touching the same, or for such other business which such assignees shall judge necessary for getting in the bankrupt's estate, for which attendance the bankrupt shall be allowed two shillings per diem ; and in case such bankrupt shall neglect to attend, or refuse to assist in such discovery, without good cause to be shewn to the commissioners, to be l\y them allowed, such assignees making pi'oof thereof, upon oath or solemn affirmation before the commissioners, the commissioners are hereby required to issue a warrant to such person[s] as they shall think

[2d Sess.] Province Laavs.— 1757-58. 41

proper, for apprehending such bankrupt, and him to commit to the county goal, there to remain in close custody until [1] he shall conform to the satisfaction of the commissioners and be by the commissioners, or by due course of law, discharged ; and such goaler is required to keep such persou in close custody within the walls of the prison, under the penal- ties l)efore mentioned ibr snlfcrino; such prisoner[.s] to escape.

[Si:cT. 4(j.] And within eighteen months attcr the issuing of an}' Timcformnking such commission, the assignees shall make a second dividend, in case Uowi""*^'^'^'* the estate was not wholly divided upon the first, and shall cause notice And notice of to be inserted in all the publick Boston newspapers, for three weeks bo^^Ifveii 'llf cos. successively, of the time and place the commissioners intend to meet, to ton newspapers, make a second dividend, and ibr the creditors who shall not before have °' proved their del)ts to come and prove the same ; and at such meeting Assisneoson every assignee shall produce, upon oath or aflirmation, his accounts, an(l ac"ou'n'i!)r"'"*^° what u[ion the ])al[l]ance shall appear to be in his hands shall, by like orders of the commissioners, be fortliwith divided, which second dividend Scconri fiivhicnd shall be final, unless any suit shall be depending, or any part of the ulil^Jgal"'''' estate standing out, or unless some future estate of the bankrupt shall afterwards come to the assignees, in which case the assignees shall, as soon as may be, convert such future estate into money, and shall within two months after, b}' the like order of the commissioners, divide the same.

[Sect. 47.] And no lessee of lands, grazier or drover, or receiver Noiosspcof of taxes, shal[l] be intitled, as such, to the benefits given by this act, or bo'.'ielmca '" be deemed a bankrupt. And upon the petition of any person, the com- bankrupt. mandcr-in-chicf ma}' order such commissions, depositions, proceedings Commandcr.in. and certificates to be ent[e]red of record ; and in case of the death of uon/to order the witnesses proving such bankruptcy, or in case the said commissions ^"minissions, or other things shall be lost, a copy of the record[.s] of such commis- record, &c. sions or tliing^s, signed and attested as herein is mentioned, may be given in evidence to prove such commissions and l)ankruptcy, or other tilings ; and all certilicates to be allowed and ent[e]red of record, Cortificatos or a true copy of every certificate, signed and attested as herein is niM^beViven'in mentioned, shall and may be given in evidence in any [of thel courts of ''^'''7":'' ""less record, and without further proof, taken to be a bar and discharge obtained, against an}' action for any debt conti'acted before the issuing of such commission, unless any creditor of the person that hath such certificate shall prove that such certificate was fraudulently obtained; and the pipHcaoftho several clerks of the inferiour courts of common pleas where said bank- torXnUorn! rupt last dwelt, shall, in their several odiccs, enter of record such com- missions, &c mi'^sions and other things and have the custody of the entries thereof, and all persons shall l)e at liberty to search and have copies of them ; and there shall not be paid out of the estate of the bankrupt any monies T^xpongcsfor for cxpences in eating or drinking of the commissioners or of any other drlnkiiTg not to persons, at the times of the meetings of the commissioners or creditors : bopaid'outof

1 I 1 I I II I 1 . 1 t n • „ , the bankrupt 8

and no schedule shall he annexed to any deed of assignment of the per- estate, &c. sonal estate of such liankrupt ; and if any commissioner shall order such expence to be made, or eat or drink at the charge of the creditors or out of the estate of such liankrupt, or receive above five shillings each commissioner for each day on which they shall meet, every such commissioner shall be disabled to act in any commission of bank- rupts.

[Sect. 48.] And the commissioners shall not be capable of acting nnlil[l] they have respectively taken an oath to the clfcct following ; viz-'^., —

T, A. r>., do swear that T will faithfully, impartially and honestly, accord- f'omralssloner'B ing to the best of my skill and knowledge, execute the several powers and "''^'''

42

Province Laws. — 1757-58. [Chap. 12.]

Commissioners to administer oath to each other.

Commissions of bankruptcy not to al)ate by the demise of liis majesty, &c.

Action, &c., brou^lit against any commis- sioner, &c.

Defendant may plead not guilty, &c.

Plaintiff admit- ted to reply, &c.

Trial to be by verdict of twelve men.

Costs.

Proviso in case of any banlj- rupt's death, &c.

Commissioners, orthe major part of Ibem, have power by deed indented. Sec, to grant and sell lands, &c.

Grants, &c., to be good against bankrupts and their heirs, &c.

trusts reposed in me as a commissioner in a commission of bankruptcy against , and that witliout favour or affection, prejudice or malice. So help me God.

— which oath any two of the commissioners are impow[e]red to admin- ister to each other, and they are required to keep a memorial thereof, signed by them, amongst the proceedings on each commission.

[Sect. 49.] And no commission of bankruptcy shall abate by the demise of his majesty, his heirs or successors, but shall continue in force, and if it shall be necessary to renew any commission by reason of the death of the commissioners or any other cause, such commission shall be renewed, and only the fees usually paid shall be paid for such renewed commission.

And be it further enacted^

[Sect. 50.] That if any action of trespass or other suit shall happen hereafter to be brought against any commissioner, or any other person or persons having authority by virtue or under the commission author- izing the said commissioner for the doing or executing any matter by force of this act, that the defendant or defendants in any such action or suit may plead not guilty or otherwise justify that the act or thing, whereof the plaintiff or plaintiffs complained, was done by the authority of this act, without expressing or rehearsal of any other matter of cir- cumstance contained in this act, and without inforc[e]ing him or them to shew forth their commission authorizing the said act or thing, whereunto the plaintiff shall be admitted to reply, that the defendant did the fact supposed in the declaration of his own wrong, without any such cause allodged by the defendant, whereupon the issue in such action shall be joined, to be tried by verdict of twelve men, and upon the trial of that issue the whole matter may be given by both parties in evidence according to the very truth of the same ; and if [the'] verdict upon such issue shall pass for the defendant, the defendant shall have costs.

Provided, ahvays, —

And. he it further enacted,

[vSect. 51.] That if, after any commission of bankruptcy hereafter sued forth and dealt in by the commissioners, the bankrupt happen to die before the commissioners shall distribute tlie goods, lands and debts of the bankrupts or any of them, by force of this act, that then, nevertheless, the said commissioners shall and may in that case proceed in execution, in and upon the said commission, for and concerning the bankrupt's goods, lands, tenements, hered[e][i] laments and debts in such sort as they might have done if the bankrupt were living.

And he it further enacted,

[Sect. 52.] That the said commissioners or the major part of them shall have power, by virtue of this act, by deed indented and duly registred within two months after the making thereof in the county where such lands lie, to grant, bargain, sell and convey any lands, tenements or hereditaments, whereof any banki'upt is or shall be in any ways seized of any estate intail, in possession, reversion or remainder, and whereof no reversion or remainder is or shall be in the king's majestj', his heirs or successors, to any person or persons for the relief and benefit of the creditors of all such bankrupts ; and that all and every such grants, bargains, sales and convc3'ances shall be good and available in the law to such person or persons and their heirs, against the said bankrupt, and against all and every the issues of the body of such bankrupts, and against all and every person or persons claiming any estate, right, title or interest by, from or under the said bankrupts, after such time as such person shall become bankrupt, and against all and every other person or persons whatsoever, whom the

[2d Sess.] Provixce Laws.— 1757-58. 43

said bankrupt, by common rccovpiy or other waj's or means might cut[t] off or debar from any remainder, reversion, rent, profit, title or possibility into or out of any the said lands, tenements or heredita- ments.

And be it further enacted,

[Sect. o3.] That if any person, that now is or shall hereafter become Bj»nkrnptfl con- a bankrupt, have heretofore granted, conveyed or assured, or shall at &c.."jn con/' any time hereafter grant, convey or assure, any lands, tenements, here- if^^^^^^^^^^j ditamonts, goods, chatt[e]l[e]s or other estate unto any person or per- sons, upon condition or power of redemption at a day to come, by pa}-- ment of money or otherwise, or have by law a right of redemption therein, or where bonds shall be given for reconveyance of any real estate, upon payment of money or other thing at a certain day, that it shall and may be lawful to and for the said commissioners or the greater part of them, before the time of the performance of such con- dition or agreement or right of redemption be expired, to assign and appoint, under their hands and seals, such person or persons as they Comtnis^ioners shall think fit, to make tender or payment of money or other perform- poXTs^tomaka ance according to the nature of such condition, agreement or right of tender, &c. redemiition, as fully as the l)ankrupt migiit have done; and that the After tender, ^ said commissioners oi* the greater part of them, shall, after such tender, power to dis- payment or performance, have jiower to sell and dispose of such lands, pose of lands, tenements, hereditaments, goods and chattels and other estates so granted, conveyed or assured upon condition, to and for the benefit of the creditors, as fulh' as they ma}' sell or dispose of any the estate of the ])ankrupt.

Provided, further^ —

[Skct. /)4.] That no purchaser for good and valuable consideration rroviso. shall be impeached by virtue of this act, unless the commission to prove him or her a l)aiikrupt be sued forth against such bankrupt within five years after he or she shall become a bankrupt.

And be it further enacted,

[Si:cT. r)o.] That the discharge of any bankrupt, by force of this Discharee of act, from the delUs by him owing, at the time that he did become a bank- by^thuVc't"not rupt, shall not be construed to discharge any other person who was «<> extend to his partner with the bankrupt in trade, or stood jointl}' bound, or had made any Joint contract, together with such bankrupt.

[Skct. ;")(;.] And every person, who shall give credit, on securities PerBons giving ])ayablc at future days to persons who are or shall become bankrupts, eecuHtTos, &c., 111)011 good consideration, b')na fide, for monev or other thing not due pnyaiiie at a before the time of such i)erson's becoming bankrupt, shall he admitted have a dividend, to prove their securities or agreements, as if they wero payable '^°' presently, and shall have a dividend in proportion to the other credit- ors, discounting six per cent from the actual payment to the time such money would have become due, and the bankrupt shall be discharged from such securities as if such money had been due before the time of his becoming bankrupt.

And be it further enacted,

[Sect. 57.] That when any persons shall fraudulently swear or wiion persons depose, or being of the people called (Juakers affirm, before the major uu^ntiy "wear part of the commissioners named in any commission of l)ankrup[^icy orninrm, and or by allidavitor alfirmation exhibited to them, that a sum of money is Uio" Hsc'harire of due to him or her from any liankrui^t or bankruiits, which shall in fact "">" bankrupt, not be really and truly so due or owing, an<l shall, in respect of such fictitious and pretended debt, sign his or her consent to the certificate for such bankrupt's discharge from his (lel)ts, that in every such case, unless such bankrupt shall, before such time as the major part of the

the act.

44 Province Laws.— 1757-58. [Chap. 12.]

said commissioners shall have signed such certificate, by writing b}' him to be signed and delivered to one or more of the said commissioners, or to one or more of the assignees of his estate and effects under sucli commission, disclose the said fraud and object to the reality of such debt, such certificate shall be null and void to all intents and purposes, and such bankrupt shall not in that case be [e] [?'] ntitled to be dis- charged from his debts, or to have or receive any of the benefits or allowances given or allowed to bankrupts by this act, anything herein contained to the contrary thereof in anywiscnotwithstanding. Limitation of [Sect. 58.] This act to bc and Continue in forcc for five ycars from

the publication of it, and no longer. [^Passed August 31; published September 1.

"To the Right Hon^e the Lords of the Committee of his Maj'y'^ most Honbio Privy Council for Plantation Affairs.

My Lords,

Your Lordships having heen pleased by yoiir Order dated the O'li of May last to refer to our consideration fifty-seven acts pass'd in the Province of the Massachusets Bay in the years 175G and 1757, amongst which there is one entitled,

An Act for providing Remedy for Bankrui)ts and their Creditors: and several of the principal Merchants trading to the said Province, apprehensive that their interests would be greatly affected by this Act, having made application to be heard against it, We thought it our duty to take it into our immediate considera- tion And having accordingly been attended by the said Merchants as well as by the Agent for the Massaclmsets Bay and heard what each party bad to offer for and against the said Act, We beg leave to report to Your Lordships thereupon;

That it appears to us, upon consideration of the whole matter, that a Bankrupt Law, though it be just and equitable in it's Abstract principle, has always been found in it's execution to afford such opportunities for fraudulent practices that even in this Cotintry, where, in most causes, the whole number of Creditors are resident on the spot, it may well be doubted, whether the fair Trader does not re- ceive more detriment than benefit from such Law. But if a like Law should take place in a Colony, where (as we are inform'd) not above a tenth part of its Credit- ors are resident, and where that small proportion of the whole, both in number & value, might (as under the present Act they might) upon a Commission being issued, get possession of the Bankrupts Effects, and proceed to make a dividend, before the Merchants in England who make the other nine tenths of the Bank- rupts Creditors could ever be informed of such Bankruptcy, it is easy to foresee that such a Law can be beneficial to the very small part of the Creditors resident in the Colony only and that the nine tenths of them who reside here would be exposed to frauds and difficulties of every sort and might be greatly injured iu their properties.

For these reasons We beg leave to lay the said Act before your Lordships, with our humble opinion, that it should forthwith receive His Majesty's Disallowance.

We are, My Lords, Your Lordships most obed' & most humble Servants.

Dunk Halifax. Whitehall J James Oswald,

June 21), 1758.) Soame Jenyns."

— Report of the Lords of Trade to the Lords of the Committee of the Frwy Council: "Mass. Bay, B. T.," vol, 85, p. 1, in the Public-Record Office-

[3d Sess.] riiovixcE Laws.— 1757-58. 45

ACTS

Passed at the Session begun and held at Boston, ON the Twenty-third day of November, A. D.

1757-

CHAPTER 13.

AN ACT IN ADDITION [TO] AN ACT, INTITfJ7]LED "AN ACT FOK, KEGU- LATINO THE HOSPITAL ON RAINSFOIID'S ISLAND, AND FURTHER PROVIDING IN CASE OF SICKNESS."

"WiiKREAS, in and by an act, intit[vf]led "An Act for regulating the rreamoie. hospital on Rainsford's Island, and further providing in case of sick- noo-57,chap.33, ness," it is provided, "that when and so often as any ship or other ^*' vessel, wherein any infection or infectious sickness hath lately been, shall come to any port or harbour within this province ; or when and so often as any person or persons belonging to, or that may either b}- sea or land come into, any town or place near the publick hospital within this province, shall be visited, or who lately before may have been visited with any infectious sickness, two of the justices of the peace or selectmen of such place be and hereby are impowered immediately to order the said vessel and sick persons to the province hos[)ital or house aforesaid, there to be taken care of." But no penalty is annexed to the breach of the afore-recited paragrai)h of said act; wlrcrcfnre, —

Be it emicted hij the Gooernour, Council and House of Jlepresentatives, That when any ship or other vessel, wherein any infectious sickness is Justices of tho or hath lately been, shall come to any port or harbour in this province, mvw'i^Tfci'tioua and either two justices or the selectmen of the place shall order the said vi-^hoIh or per- vessel to the province hospital, and the master or mariners of such hosiniai. ° vessel shall refuse or delay, by the space of six hours after said order given to said master or either of the owners of said vessel or of the factors of either of said owners, to come to sail, if wind and weather permit, in order to proceed to said hospital, the master of said vessel sliall forfeit and pay the sum of one liundred pounds and suffer six Penalty for dis. months' imprisonment; one half of said line to he to the informer or theai,™'^*"** prosecutor, and the other half to the poor of the town or district to which such port or harbour belongs, the olfendor to be jirosecuted in any court of justice pro|)or to try the same. [Fassed January 25 ; pub- lished January 2G, 1758.

46

Pkovince Laws.— 1757-58. [Chaps. 14, 15.]

CHAPTER 14.

AN ACT FOR RAISING THE SUM OF ONE THOUSAND TWO HUNDRED POUNDS BY LOTTERY, FOR BUILDING AND MAINTAINING A BRIDGE OVER SACO AND PESUMPSCOT RIVERS, IN THE COUNTY OF. YORK.

Lottery allowed to bo set up for builrlingf ami maintaining a bridge over Saco and Presumpscot rivers, in tlie

Preamble. Whereas the eastern part of said county of York has been for-

merly broke up by the enemy, and the getting troops to their relief is extreamly difficult, if not impracticable, in some seasons of the .year, there being no passing in boats or any other way over the rivers of Saco and Pesumpscot[t], and the building a bridge over said rivers will be of public service, —

Be it therefore enacted by the Governour, Council and House of Repre- sentatives,

[Sect. 1.] That Sir William Pepperrell, Baronet, Daniel Moulton, Edward Milliken, Joseph Sayer and Rushworth Jordan, Esq"., Mess[ieM]rs Benjamin Chadbnrn and Stephen Longfellow or any three of them be and hereby are allowed and impowcred to set[tj up and carry on a lottery or lotteries, which shall amount to such a sum as, by couiity of York, deducting ten per cent out of each prize, will raise the sum of one thou- sand two hundred pounds, to be appl[y][ijed by them or any three of them, towards building and maintaining a good and sufficient bridge over each of said rivers of Saco and Pesumpscot[t], at or near the lower falls of said rivers, and for dcfreying the necessary charges of the lot- tery aforesaid.

And the said Sir William Pepperrell, Daniel Moulton, Edward Milli- ken, Joseph Sayer, Rushworth Jordan, Esq"., Benjamin Chadbnrn and Stephen Longfellow or any three of them may and hereby are impow- ered to make all necessary rules for the regular proceeding therein, and shall be stvorn to the faithful [1] discharge of their trust aforesaid, and be answerable to the owners of the ticket[t]s and for any deficiency or misconduct; and that the monies so raised shall be appl[y][^Jed for the uses and purposes aforesaid and no other.

[Sect. 2,] And if the sum raised shall be more than sufficient, after paying of the charges of the lottery, to build the said bridges, the sur- plusage shall be lodged in the hands of the treasurer of the county of York, to be drawn out and appl[y][«']ed towards repairs of the said bridges. [_Passed January 11, 1758.

CHAPTER 15.

AN ACT FOR INCORPORATING A NECK OF LAND CALLED MER[B]ICONEAa NECK, AND CERTAIN ISLANDS ADJACENT IN THE COUNTY OF YORK, INTO A SEPERATE DISTRICT BY THE NAME OF IHARPSWELL\.

Preamble. Whereas the inhabitants of Mer[r]iconeag Neck and the islands

adjacent have humbly represented to this court the difficulties and great inconvenienc[i]es they labour under in their present situation, and have earnestly requested that they may be invested with the powers, privi- leges and immunities of a district ; therefore, —

Be it enacted by the Governour, Council and House of Representa- tives^ Lands in tbe [Sect. 1.] That the Said neck of land, beginning where Brunswick

county of York j^^^^ intersects the upper end of said neck, which is four rods above the

[3d Sess.] Province Laws. — 1757-58. 47

narrows of said nock, commonly called the carr3'ing place, from thence, crootcd into a including the \vhole of said neck, down to the sea, together with the ^''*'^'"''^'- islands adjacent hereafter mentioned; viz^"^., Great Sebascodegin Bounds thcrcot Island alias Shapleigh's Island, J.ittle Si'bascodegin Island and Will's Island lying to the southeast side of said neck, Birch Island, White's Island and the two Goose Islands lying on the northwest side of said neck, and Uaraariscove Islands lying at the lower end of said neck, be and herel)y are incorporated into a seperatc district by the name of Ilarpswoll.

[vSect. 2.] And the inhabitants of said neck of land and islands Their powers, shall be and hereby are invested with all the jiowers, privileges and ^'^' immunities that the several towns in [the] [tins'] province by law do or may enjoy, that of sending a representative only excepted.

And be it further enacted,,

[Sect. 3.] That John Minot, Esq[uire], be and hereby is impowered inhawtanu, to issue his warrant to some principal inhabitant of the said district, uouiicd.'"^ requiring him, in his majesty's name, to warn and notify the said inhab- itants (lualified to vote in town affairs, to meet together at such time and place in said district, as by said warrant shall be appointed, to chuse such otlicers as the law directs and may be necessary to manage the atlairs of said district ; and the said inhabitants being so met shall be and hereby are impowered to chuse officers accordingly. [^Passed January 25 ; imhlished January 2G, 1758.

CHAPTEE 16.

AN ACT MAKING PROVISION FOR THE QUARTERING AND BILLETING RECRUITING OFFICERS AND RECRUITS IN HIS MAJESTY'S REGULAR FORCES EMPLOYED FOR THE PROTECTION AND DEFENCE OF HIS MAJESTY'S DOMINIONS IN NORTH AMERICA.

Whereas the provision made by this government for quartering his Preamble, majesty's troops in barracks at Castle William is found inconvenient for the pur[K)ses of such recruiting parties as are or may be employed in his majesty's service within this province, —

Be it therefore enacted by the Governour,, Council and House of Representatives,,

[Sect. 1.] That when, and so often as, during the continuance of Recruiting this act, application shall be made, by any recruiting officer or officers ni%7i(ation, to in any of the troops that are or ma}' be employed in his majesty's ser- iiavoqu:irtor« vice for the i)rotcction and defence of his majesty's colonies upon the Ju'Vt'im-n,'or,'i?» continent of North America, to any of the selectmen of any town or dis- jji\'^i,"'!;."yf t^e trict within this province, or in the default or absence from the respect- stieotmon, i.y a ive towns and districts of any selectmen, to anyone justice of the peace m-m-e? on public for the comity inhabiting in or near such town or district, such selectmen i'"u«f8 wii.> are

, , . ;. , '^, • 1 , , , 1 -ii , 1 . . to fiiniish tlic'tn

and such justice are hereby required to quarter and billet such recruiting with diet, &e. ollicers and such recruits in his majesty's service in any of the public houses within such town or district licenced for the selling within doors wine, rum or other strong liquors by retail ; and the ollicers and sol- diers so quartered and billeted as aforesaid shall be received and fur- nished with diet and small beer or cyder by the occupiers of such licenced houses in which they may be quartered and billeted, payment Payment of and allowance to be made therefor, by such recruiting officers as shall ni'!i![o'bv officers demand quarters, at such rates and within such time as is established wiiiiin sucu and regulated by act of parliament for quartering and billeting ofllcera sucu rates aau

48

Peovince Laws. — 1757-58. [Chap. 16.]

established by act of pailia- mcut.

Persons aggrieved, to ■whom to apply, and in what way and man- ner they shall be recoivc-d, &c.

Penalty for any selectman or justice of the peace refusing or neglecti ig to quarter officers and Boldiera, or tliat shall receive a re- ward, &c.

Or occupier of any public house who shall refuse or neg- lect to quarter officers and soldiers.

To be levied by distress.

Applied to the cl)arges of the government.

Limitation.

and soldiers in England, Wales and the town of Berwick upon Tweed ; viz., for one commission officer of foot, under the degree of a captain, for his diet and small beer, per diem, one shilling sterling ; and if such officer shall have an horse or horses, for each such horse or horses, for their hay and straw, per diem, sixpence sterling ; for one foot soldier of the recruiting party or recruits, diet and small beer, per diem, fourpence sterling.

Provided, also, —

And be it further enacted,

[Sect. 2.] That in case any person shall find himself aggrieved, in that any selectman has quartered or billeted in his house a greater number of soldiers than he ought to bear, in proportion to his neigh- bours, and shall complain thereof to one or more justice or justices for the county where such soldiers are quartered, or in case such soldiers shall have been quartered by a justice of the peace, then, on complaint made to two or more justices of the peace for the county, such justices respectively shall have and have hereby power to relieve such person by ordering such and so many of the soldiers to be removed or quar- tered upon such other person or persons as they shall see cause, and such other person or persons so licenced shall be obliged to receive such soldiers accordingly.

And he it farther enacted,

[Sect. 3.] That if any selectman or justice of the peace shall neg- lect or refuse, for the space of two hours, to quarter or billet such officers or soldiers when thereunto required, in such manner as is by this act directed, provided sufficient notice be given before the arrival of any recruiting parties, or shall receive, demand, contract or agree for any sum or sums of money, or any reward whatsoever, for or oh account of excusing, or in order to excuse any person or persons whatsoever, from quartering or receiving into his, her or tlieir house or houses any such offi- cer or soldier, or in case any occupier of any public licenced house liable by this act to have an}' officer or soldier billeted and quartered on him or her, shall refuse to receive and victual any such officer or soldier so quartered and billeted upon hira or her as aforesaid, according to the directions of this act, and shall be thereof convicted before two justices of the peace for the count}' where such offence shall be committed, one of which justices to be of the quorum, either by his or her own confes- sion, or by the oath of one or more credible witness or witnesses, every person so offending shall forfeit to his majesty for every such offence the sum of five pounds sterling, or any sum of money not exceeding five pounds sterling nor less than forty shillings sterling, as the said justices before whom the matter shall be heard shall in their discretion think fit, to be levied by distress and sale of the goods of the person offending, by warrant under the hands and seals of the justices before whom such offender shall be convicted, to be directed to the sheriff of the county, his deputies or any constable of the town where the offender shall dwell, such fine or forfeiture to be paid into the province treasury and to be applied to the public charges of this government.

[Sect. 4.] This act to continue and be in force from the first day of December, this present year, unto the first day of December, in the year of our Lord one thousand seven hundred and fifty-eight, and no longer, [^Passed and published December 1.

[3d Sess.] Pr.oviNCE Laws. — 1757-58. 49

CHAPTEK 17.

AN ACT TO EXEMPT THE TEOPLE CALLED QUAKERS FROM THE PEN- ALTY OF THE LAW FOR NON-ATTENDANCE ON MILITARY MUSTERS.

Whereas, since the commencement of the present war, it has been Preamble. jiidgM necessary, for the more s{)ee(ly levying of soldiers for his majes- ty's service and the defence of the province, that general musters of the several companies of horse and foot should be had on certain days appointed for that purpose, and such days have by law been appointed accordingly ; and every person liable to train who should neglect to attend sncli musters was subjected to a penalty of twenty i)ounds : tinless his attendance was necessarily and unavoidably prevented ; and whereas, by reason that no express exemption of the people calletl Quakers was made in those laws, divers suits for the recovery of the aforesaid pen- alty have been commenced against them, altho' they profess to be con- scientiously scrupulous of attending in arms at military musters, and tliereupon ilivers petitions from persons of that perswasion have been prcfer[r]'d to this court for relief in that behalf; wherefore, —

Be it enacted by the Govemour, Council and House of Represent- atires,

[8i:CT. 1.] That such of the inhabitants of this province, as are Qnatcraex. called Quakers, be henceforth exem[)ted from ever}' penalty heretofore uu.''pon:uty"or l)y law imi)osed, for not attending military musters and that ever}' such ii.|iatt«n(iint; penalty or forfeiture already incurred by persons of that denomination, {^.J.'j'^^''y ™"^- Jbr the recovery whereof judgment has not been rendered, be wholly remitted, save where suit has already been brought, in which case judg- Ponaiiytobe nient may be rendered for the plaintif [/] to recover his reasonable costs, ^Xre'tii'o^ruTt and that no judgment for the recovery of such penalt}' heretofore ren- ''■>'' already dered, or execution thereon issued or to be issued, shall be accounted hrwhirh rase of any force or validil}' for the levying or recovering more of the said JuJg™t-'"i. &c. forfeiture than what by law is appropriated to the use of the military clerk wlio commenced the suit whereon such judgment was recovered, together with costs of suit; and the estate ouh-, and not the body, of Estate only any person of that denomination shall be liable to be taken by any such ilonl" "^ ''^'^'^"' execution.

And be it further enacted,

[Sect. 2.] That every such person, whose body has been taken and Quakers im. imprisoned for such penalty, shall be forthwith discharged and set at TaTuTbeny!"' liberty ; and where any execution has been levyed on goods or other Execution estate, and more thereof has been taken than is sufncicnt to satisfy one ^■^''^*^ °" goods, third part of such forfeiture and costs, in such case the overplus shall, witiiout delay, be returned to the owner : j^rovided, nevertheless, that the Proviso respect- military cleric, at whose suit any Quaker has been imprisoned, shall cuT.rstlking iiave lil)erty, after such Quaker shall have been discharged from his outanaiiaa imprisonment, to take out an alias execution against his estate only for ''^*^'^" '""' one third part of the penalty aforesaid, together with his reasonable costs.

Provided,

[Si:CT. 3.] That nothing in this act shall extend, or be construed to Proviso respect- extend, to the reimbursement of any money actually paitl into the hands ilJroTho'imnda'^ of liie chief ollicer of any Company, and by liim b))iafide applyed to the of tiu- chief raising his quota of the eighteen hundretl men, for the service of the c,I^|,aMyf ""^ present year, by order of this government.

And be it furiher enacted,

[Sect. 4.] That any person against whom suit has heretofore been Any person brought for the penalty aforesaid, producing certiUcatc in writing under gSt'KeT

50

Province Laws.— 1757-58. [Chap. 17.]

brought, pro- ducing a certifi- cate in writing, &c.

Lists of Quakers liable by law to impresses to be taken iu writing, and by whom to be certified, &c.

The persons ■with whom said lists shall be lodged.

Certificate to he procured from the colonel or chief ofQcer, who is required to give the same.

Which are to be tiled in the secretary's ofllce before the fifteenth of April, annually.

When neces- sary, to impress men for his ma- jesty's service.

A computation to lie made of Quakers, &c.

Captain or cliief ofEcer to certify the number of Quakers in his company.

Tax levied on Quakers.

the hands of three or more of the principal members of any society of that denomination, that such person had, before the publication of the act upon which such suit was founded, professed himself to be of that perswasion, and that they verily believe him to be conscientiously so, shall be [i][e]utitled to the benefit in this act before mentioned.

And to the intent it may be the better known what persons are of that perswasion, and to be deemed such within the intention of this act, —

Be it further enacted and declared^

[Sect. 5.] That upon lists being taken in writing under the hands of three or more of the principal members of each society of Quakers within this province, setting forth in each list the names of the several members of such society liable by law to impresses, the towns or places to which they belong and the militar}' companies within the dis- tricts whereof they severally dwell therein, also certifying that they verily believe that the several persons in such list named are sincerely of that perswasion, and that they usually attend their meetings for the worship of God on the Lord's days ; in such case the several persons in such list named shall be adjudged to come within the intention of this act and shall be exempted from future impresses and all military exercises whatever : provided, that effectual care be taken that, some time in tlie month of March, annuallv, such lists be lodged, one with the clerk of each town or district and chief officer of each militar}' company, and one with the colonel or chief officer of the regiment to which the per- sons in such list named do severally belong, or in the limits whereof they dwell ; also that a certiQcate in writing be procured from such colonel or chief officer of the regiment, which he is hereby required to deliver when thereto desired, setting forth the whole number of persons liable to impresses belonging to his regiment, including and particu- larly setting forth the number and names of the Quakers living within the districts thereof, according to the list of Quakers to be lodged with him as aforesaid, and- that such certificate be, some time before the fif- teenth day of April, annually, during the continuance of this act, trans- mitted to and lodged iu the secretary's office of this province.

And to the intent that persons of that denomination ma}'^ bear their just proportion of the charge that may be incur [r]'d for the necessary defence of the province, —

Be it farther enacted,

[Sect. 6.] That when and so often as it shall be found necessary that a number of men should be raised within the several towns and districts in this province by impress for his majesty's service, then and in that case there shall be a computation made of the number of Quakers in every regiment wherein any such there be, and no more men shall be impressed in either of those regiments than their respective quota, compared with other regiments, exclusive of Quakers.

And he it farther enacted,

[Sect. 7.] That the captain or chief officer of every military com- pany in which there are any persons of that denomination, shall, within one month after recieving oi-ders to make any impress, certify to the clerk of the town or district to which such company belongs, what num- ber of Quakers in proportion to the rest of the company would have been liable to have been impressed, if they had not been exempted as being of that perswasion ; and for each Quaker who would have been so liable, the sum of thirteen pounds six shillings and eightpeuce shall be added to that town or district's proportion of the next province tax ; and the assessors, in making their assessment, shall apportion and assess such sum or sums upon and among such and only such persons belong-

[3d Sess.] Province Laws.— 1757-58. 51

ing to such town or district as are of that perswasion, and in such manner and proportion as tlicy are liable to pay to other taxes.

And be it further enacted,

[Sect. 8.] Tliat ever}' military' ofDcer, who shall neglect his dut^' Penalty on by this act cnj()[y][/]ned, shall forfeit and pay the sum of ten [)ounds ; jv^r'/ieXclfL"* one moiety thereof to be for the use of the province, and the other moiety to him or them who shall inform and sue for the same in any court proper to try the same.

Provided, —

[Sect. 9.] That nothing herein contained shall be construed to Proviso with extend to the inhabitants of Nantucket[t], who are to attend and [."Smiof observe the rules and directions in the law of this province relating to Nantucket, the inhabitants of that island, made in the twenty-ninth year of his I'ui-oo, cbap. 32. present majesty's reign.

[SiccT. lU.] This act to continue and be in force for the term of ConUnuance of three years^ from and after the thirtieth day of Deceral)er instant, and '^"''«='^- until the end of the then next session of the general court, and no longer. \_Passed and pahlished December 31.

CHAPTER 18.

AN ACT IN ADDITION TO THE SEVERAL ACTS OF THIS PROVINCE FOB REGULATING THE MILITIA.

"WnERKAs it is found necessary that further provision be made for Preamble, arming and disciplining the militia, — i7';8t'j*^ch?' 5

Be it enacted blithe Governour, Council and House of Representatives, n4J-43,'chap. 16.

[Sect. 1.] That the captain or chief olliccr of each military foot Each foot com. company shall instruct and emplo}' his company in military exer- bc'fcxercUed.'* cises six days in a year for two years from the first day of March next ; viz., on the second and third Monday's in April, the first Monday in May, the first Tuesday in June, the last Monday in October, and the Tuesday following the same Monday ; and on Arms, &c.. to each of said days he shall make a strict enquiry into the "state of the ^'^ ""i""'^^ "''»• arms and ammunition of his corapanv, on penalty of five pounds for Penalty for each day he shall be negligent in his duty ; that everv person from "'^*>'''^*^'- the age of sixteen to sixty, not exempted by law, shall ai)pear with Persons liable arms and ammunition according to law. and attend his duty each of '"'"-' "'-''■"**^'^- the aforesaid days, on penalty of nine shillings for not appearing and rfnaity fornon. attending his duty ; and for not appearing with arms and ammunition, "Pi"^'"''""^*'* shall be subject to the same penalties as, by law, already provided for not being furnished witii arms and amnuinition : and that the captain Each troop, or chief oUicer of each trooi) or military company of horse, shall exer- exerdlea!" else his company four days in each year; viz., the second and third Mondays in April, the last Monday in Octol)er, and the Tuesday next following the same Monday ; and on each of said days shall make strict Troopers' nrmg, iiKpiiry into the state of his coniiiany, how each man is armed, equipped J[J^|j^" '"^"""'^^ and provided with ammunition, on penalty of five pounds for each day Penalty for sueli captain or chief ollicer shall be guilty of neglect in his duty in this "*-*'f''^'*^^ respect: and every trooper or person belonging to the troop of guards. Penalty for or to any troop or company of horse, shall, upon each of the same days, lppear»ucc!°' a[)pear comijleat in arms and ammunition, and e(piipi)ed according to law, and attend his duty, on penalty of ten shillings eacii day for not appearing and attending iiis duty; and for not appearing armed, Ppiaity fomot equipped and furnished according to law, shall be subject to the same ^c"'*"™"'" '

52

Province Laws. — 1757-58.

[Chap. 18.]

Clerks to take a list, &c.

Time to deliver list to the cap- tain or chief ofllccr, on penalty.

Captain to be uiiilcr oath for excusing per- sons.

The clerk, on oath, to pros- ecute (leliu- quctits. Penalty for neglect.

Offences com- mitted by ofii- cers tobedeter- mined as ))ro- vided by the act of KingWill- inm and Queen Mary, &c.

1C93-4, chap. 3.

Persons, except troopers, how to be furnished ■with arms, &c.

Persons on the alarm list to have their arms, &c., viewed.

Penalty for neglect, or refusing regi- mental musters.

Persons in the frontiers to carry arms, &c.

penalties as, by law, is already provided for not being duly armed, equipped and furnished as the law directs : that the clerk of each mili- tary company, on oath, on each training-day, unless unavoidably pre- vented, shall take a list of the troop and compan}', and against each man's name note his appearance or non-appearance, and how he is pro- vided with arras and ammunition, and shall in two days deliver the same to the chief officer of the troop or company, on ponalt}' of five pounds : that the captain or chief officer, before he excuses any person for any neglect of duty, sludl be under oath not to excuse any not excused by law, either through favour, affection, reward received, or hope of reward : that the captain or chief officer shall enter on the said list the persons' names by him excused, and the reasons for which thej' are excused, and in six days return the same list to the clerk, on penalt}' of five pounds : that the clerk, on oath, in thirt}' da3's, shall prosecute each delinquent, non-commission officer and soldier, who shall not have been so excused b}'^ the captain or chief officer, on the penalty of twenty shillings for each neglect.

Be it farther enacted,

[Sect. 2.] That all offences committed against any clause of this act by any officer or officers, where a forfeiture is given, shall be enquired into, tryed and determined by the chief officers of the regiment, and levied by warrant, under the hand of the chief officer, in the way and manner as is provided b}' the act of King William and Queen Mary for regulating the militia ; and the colonel or chief officer of any regiment shall, as soon as may be after the knowledge of such offences, call a meet- ing of the chief officers of the regiment, and issue his process against any such offender, which shall be served fourteen days before the meet- ing of the officers for the trial. And the clerk of each troop or military foot company, or prosecutor, is required and enjoined to give informa- tion of all such offences committed by any officers, to the colonel or chief officer of his regiment.

And he it farther enacted^

[Sect. 3.] That every person, except troopers, who is by law obliged to be furnished with arms and ammunition, shall be provided with a powder-horn or horns, with one pound of powder in the same, on penalty of two shillings, and with forty bullets fit for his gun, on the like penalty for each neglect ; that any soldier, born on the training-lists in the several regiments, shall be excused from any penalty for not being furnished with swords, in case they provide themselves and appear with good hatchets.

And be it further enacted,

[Sect. 4.] That every person borne on the alarm list, and not on the train band, shall, on the first Monday in May, and the last training day in the year, annuall}', between three and five of the clock in the afternoon, and while the trained bands shall be under arms, carry or send his arms and ammunition into the field to be viewed ; and in case any person shall neglect or refuse to carry or send his arms and ammu- nition into the field as aforesaid, unless unavoidably prevented, he shall be liable to the same penalty for each day's neglect, as if he had not such arms and ammunition.

And be it further enacted,

[Sect. 5.] That every person, that shall neglect or refuse to attend a review, or regimental muster, shall pay the sum of fifteen shillings ; and that every person in the frontiers^ of this province, liable to bear arms, when ordered by the chief officer of the regiment, shall carry his arms and ammunition with him to the place of publick worship, and to his labour in the field, on pain of forfeiting six shillings for each neglect.

[3d Sess.] Province Laws.— 1757-58. 53

Be it further enacted,

[Sect. G.] That one half of the non-commission officers and pri- Non-commis. vatc soldiers, liable to train, shall be furnished with a good bayonet, a',"u"!|![icrs to with a steel blade, not less than fifteen inches long, fitted to his gun, b.; provided with .1 scabbard for the same, for which ba^-onet and scabbard there aiid'iM'wiiat*"' shall be paid out of the publick treasury not exceeding seven shillings, manner, &c. and that the captain or chief oflicer of each foot company shall take effectual care that they be so i>rovided ; and an account thereof shall be presented by said officer to the governour and council for allowance and payment, for which bayonet and scabbard each non-comraissioa officer and soldier so provided shall be accountable to this government, unless under the age of twenty-one years, and for such as are minors, their parents, guardians or masters, respectively, shall be so account- able ; and each non-commission officer and soldier, drummers excepted, Penalty for not shall, upon every training-day muster, review or alarm, after they are bayo'nctef&c!'' provided with bayonets as aforesaid, appear with the same, on penalty of two shillings for each neglect.

And be it farther enacted,

[Sect. 7.] That the captain or chief officer of each foot company. Every foot com. as soon as may be after the commencement of this act, and before the umior'arms, &c., tenth day of March next, is hereby enjoined to call his company to- 'jr*^""^ f Vl? '^h '"* gether under arms, and, after enquiring into the state of them, is hereb}' &c^ " ^^'^ ' impowered and directed to choose from among said arms such as he shall judge most suitable to be provided with bayonets, to the amount of one half the whole number ; and the respective soldier or soldiers to Penalty fomon. whom such selected arms belong, shall observe and obey such directions "he o7d("r's'o*f^ and orders respecting their being provided with bayonets, as he or they the captain, &c shall receive from the captain or chief officer of the company, on pen- alty of twenty shillings for non-observance of, or disobedience to, such directions and orders as he or they shall receive for the purposes afore- said.

And be it further enacted,

[Sect. 8.] That the penalt}' for any person not appearing and Penalty fomon. attending orders upon an alarm, unless unavoidably prevented, shall be aiTrm!^""*^^ ""^ the sum of ten pounds, or six months' imprisonment; and if any per- Penalty for son shall be guilty of mutiny or desertion, and be thereof convicted, he dMcruou!! shall either be punished with death, without benefit of clergy, or sulTer some other grievous punishment, as shall be adjudged necessary by the court before whom he shall be tried, according to the nature and aggra- vation of his otfcnce.

And whereas, by an act of this province, made in the twelfth year of looo.noo, rhap. the reign of his late majesty King William the Third, intitlcd " An Act ''• ^^ ' ""'^ -• for putting the militia of this province into a readiness for a defence of the same", it is enacted, "That all persons commissioned by the Recital of an captain-general or coniinniidor-in-chief of this province for the time rwcifiM-ear'of being, to bear office in any military company or troop within the same, Kintt xyniiam be and hereby are impowered and authorized, by virtue of such com- pnuiiiu"t'hc "^ mission, when and as occasion shall require in the cases, and to the "i''''.':»o''.tho

... - , . , 1 , province into a

intents and purposes abovesaid, to arm, array and weapon the company rcndincsB for » or troop respectively under their command, or part of them, and by 'if''"*'"''^ of the force of arms to encounter, repel, pursue, kill and destroy any that shall appear in hostile manner to attempt or enterprize the destruction, inva- sion, detriment or annoyance of any of his majesty's subjects, forts, gar- risons, towns or plantations within this province ; and that such officer or officers so taking to arms, shall forthwith dispatch notice to his or their superiour officer of his or their motion, and the occasion thereof, and observe such commands an<I (jrdeis as he or they shall from time to time receive froiii him ; " and also, " 'J'liat Die colonel or chief olfi-

earac.

54 Province Laws.— 1757-58. [Chap. 18.]

cer of each regiment be and hereby is impowered and authorized, as occasion shall require, in any of the cases, and to the intents before mentioned, from time to time to assemble in martial arra}^ and put into warlike posture the whole militia of tlie regiment under his com- mand, or such part of them as he shall think needful, upon any alarm, invasion or notice of the appearance of an enemy by sea or land ; and the regiment, companies or troops so armed, arrayed and put into war- like posture, or part of them, to lead, conduct and emplo}', or to appoint some other fit person, by writing under his hand, to lead, conduct and employ them, as w^ll within the regiment and county whereto they belong, as into any other adjacent county or place within this prov- ince, for the assisting, succouring and relieving any of his majes- ty's subjects, forts, garrisons, towns or places that shall be assaulted by an enemy, or in danger thereof, and with such party, companies or troops, by force of arms, to encounter, repel, pursue, kill and destroy such enemy, or any of them, by all fitting ways, enterprizes and means whatsoever ; and the colonel or chief officer of such regiment so taking to arms, or sending forth any party of men, shall forthwith post away the intelligence and occasion thereof unto the captain-general or the commander-in-chief for the time being, and shall attend and observe such directions and orders as he shall receive from him ; and in case it happen the colonel or chief officer of any regiment be out of the limits or precincts of the regiment for which he is or shall be commissionated at the time of any invasion, attack or appearance of an enemy, or alarm given from any of the neighbouring towns or regiments, the next com- mission officer then within the regiment shall have, use and exercise the same powers and authorities hereinbefore granted until the return of the colonel or other superiour officer ; and such officer so acting shall post away the intelligence thereof, with the occasion for the same, as aforesaid, unto the captain-general, or the commander-in-chief for the time being, and shall attend and observe such directions and orders as he shall receive from the captain-general or commander-in-chief therein." But no penalty is therein provided to oblige officers and private men to obey such orders as shall be given pursuant to the true intent of the same act, —

Be it tJierefore enacted, Penalty for any [Sect. 9.] That if any officcr or private man in the militia shall maiTi'cfuiingor rcfusc or wilfuUy neglect to obey such order of his superiour officer as nogioctingto gjjjj^ij j^g given pursuaut to the true intent of the same act, he shall ofiiis superior forfeit and pay the sum of ten pounds, or, in default thereof, sutler six officer. months' imprisonment.

And be it further enacted, Forfeitures [Sect. 10.] That all forfeitures, arising by virtue of this actor any

acuolie^e- '^ brcach thereof, shall be recovered in the way and manner as is provided ableto'^thfacts ^^ ^^^^ ^^^ ^^^ regulating the militia of this province, made and passed for regulating iu the fourth and fifth year of King William and Queen Mary, where four™ 'aiKi' fifth i" ^.his act it is not otherwise specially provided, and shall bo disposed of King William of, ouc quarter part thereof to the prosecutor, and the remainder by Marjsuniess him to be paid into the town, district, precinct or parish treasury where vKioffflfr^&c' ^^® ^^^^ company or the major part thereof or captain of the troop 1093-94, chap.' 3, bclougs, to be drawn out again by the captain or chief officer of the ^ ^^' troop or company whence such forfeiture arose, so far as shall be neces-

sary for procuring or repairing drums, trumpets, colours and halberts, paying drummers, trumpeters, and for procuring soldiers fur his majes- ty's service, and improved for the benefit of such troop or company respcctivel3% when and so often as any man or men shall be demanded of said troop or companj^ for said service, and for no other uses or purposes Clerks to pay whatsoever. And the clerks of the military companies are hereby

[3d Sess.] Province Laws.— 1757-58. 55

required to pn}' over all such forfeitures as they shall receive to the forfeitures to treasurers as before mentioned respectively, at or before the first day of ^'^^ i'"ea8U''er«, March, annually, and such treasurers are hereby iinpowered and required to demand, sue for, recover and receive the same.

And be it further enacted,

[Sect. 11.] That this act shall be read at the anniversary meeting This act to be of the inhabitants of each town and district through the province, in ann|v^,r'a°y the month of March, annually ; and also, that the chief officer of each meeting of each compan\- cause the same to be read before his company on the second '^"'°' Monday in April, each year, during the continuance thereof.

And be it farther enacted,

[Sect. 12.] That the captain of the troop of guards, and of every Captains of independant company, shall, upon their oath, on or before the first ]\Ion- gu';,nis"&c.'i to day of April next, and annually, transmit into the secretary's office a transmit lists of list of every person borne on tlieir respective rolls, and who by them to Fec^etary*'""^* are excused fi'om mustering on days of muster, and the reasons of their °^<='-'- excuse, on penalty of forfeiting and paying for each neglect five pounds.

[Sect. 13.] And every ca^Uain or chief officer in this act mentioned, Each captain, on or before the first Monday of April next, is hereby enjoined to make oath.*"'"^''^ suleinn oath that he will faithfully discharge the trust by this act reposed in him and the duties hereby enjoined him, according to the best of his skill and understanding, on penalty of forfeiting and paying five pounds.

[Sect. 14.] This act to be and continue in force for the space of Limiution. two years from the first day of March next, and no longer. [^Passed January 2o ; published January 26, 1758.

CHAPTER 19.

AN ACT FOR GRANTING UNTO HIS MAJESTY AN EXCISE UPON SPIRITS DISTILLED AND WINE, AND UPON LIMES, LEMMONS AND ORANGES.

We, his majesty's most loyal and dutiful subjects, the representatives Preamble, of the province of the Massachusetts Bay, in general court assembled, being desirous to lessen the present debt of the province, have chear- fully and unanimously granted, and do hereby give and grant unto his most excellent majesty, for the end and use a1)ove mentioned, and for no other use, an excise upon all rum and other spirits distilled, and upon all wines whatsoever, and upon Icmmons, limes and oranges, to be raised, levied, collected and paid in manner and form following: —

And be it accordinr/bj enacted by the Governour, Council and Iloxise of Representatives,

[Sect. 1.] That from and after the twenty-fifth day of March, one Time of this thousand seven hundred and fiftv-cight, and until the twenty-sixth anc**^""""' day of March, one thousand seven hundred and fifty-nine, every person already licenced, or that shall be hereafter licenced, to retail rum or other spirits distilled, or wine, shall pay the duties following : —

For every gallon of rum and spirits distilled, eightpence.

For every gallon of wine of every sort, twelvepence.

For every hundred of lemmons or oranges, eight shillings.

For every hundred of limes, three shillings. — And so proportionalilc for any other quantity or number.

And be it further enacted,

[Sect. 2.] That every retailer of rum, wine or spirits distilled, Accounutob* taverner, innholder and common victualler, shall, on the twenty- ^^^"-

56 ' Province Laws.— 1757-58. [Chap. 19.]

sixth clay of March next, take a just and true account, in writing, of all wine, rum and spirits distilled, and of all limes, lemmons and oranges then by him or her, or in his or her possession ; and that every person who shall be hereafter licenced to be taverner, innholder, common victualler and retailer of wine, rum or spirits distilled, shall take a like account of all wine, rum and other spirits distilled, and of limes, lemmons and oranges by him or her, or in his or her possession, at the time of such licence granted ; and that every taverner, innholder, com- mon victualler and retailer of rum or other spirits distilled, or wine, shall make a fair entry, in a book by them respectively to be kept for that purpose, of all such rum or other spirits distilled, or wine, as he or I she, or anyj^erson or persons for him or her, shall buy, distill, take in or receive after such first account taken, and when and of whom the same was bought and taken in ; and at the expiration of every half j-ear shall take a just and true account how much thereof then remains by them ; and shall,, in writing, under their hands, render to him or them that shall collect the duties aforesaid the whole of those several accounts, and shall also make oath, in the form following, before such collector or collectors, who are hereby impowered to administer the same : —

Form of the You, A. B., do swear that the account by you now rendered is, to the best

*^^^^' of your knowledge, a just and true account of nil the wiucs, rum and dis-

tilled spirits, limes, lemmons and oranges you had by you, or in your pos- session, on the twenty-sixth day of March, one thousand seven hundred and fifty-eight, and also of all the wine, rum and other distilled spirits bought, distilled, taken in or received by you, or by any person or persons for or under you, or by or with your knowledge, allowance, consent or connivance, and that there still remains thereof in your possession unsold, so much as is in this account said to remain by you unsold; and that you do not know or believe that there hath been by you, or by any other person or i^ersous for or under you, or by your or their order, allowance, consent or conniv- ance, either directly or indirectly, sold, used or consumed any wine, or any liquor for, or as, wine ; any rum or distilled spirits, or liquor for, or as, rum or distilled spirits ; or that there hath been any limes, lemmons or oranges by you, or by any person or persons for or under you, or by your order, consent, allowance or connivance, used or consumed in making punch, or otherwise, since the said twenty-fifth day of March, besides what is con- tained in the account by you now rendered. So help you God.

Penalty for col- — and cvcry collector of the excise who shall receive any account from account's^wit^h"^ any pcrsou in consequence of this act, without their making oath to the out oath. same as aforesaid, shall forfeit and pay for the use of this government

the sum of twenty pounds. Oath to be [Sect. 3.] And for every person that was not licenced on the same

twenty-sixth day of March, the form of the oath shall be so varied, as that instead of expressing the da}' aforesaid, the time of taking and rendering their last account shall be inserted and used ; and for every person rendering an account after the first, the oath shall be so varied, as that instead of expressing the day afoi'csaid, the time of taking and rendering their last accounts shall be inserted and used. Duties to be [Sect. 4.] And evcry such taverner, innholder, common victual-

collector. ° ler and retailer shall pay the duties aforesaid to him or them that shall collect the same, or the whole of the several articles mentioned in such account rendered, save only for such part thereof as remains in their Ten per cent hauds uusold : provi'dcd^ nevertheless, that for leakage, &c., ten per felTklgc/"'^ cent shall be allowed them on all liquors in such account mentioned, besides what remains in their hands unsold. And he it further enacted, Taverner, &c., [Sect. 5.] That cvcry pcrsou hereafter licenced to be a taverner, inn- holder, common victualler or retailer of any wine, rum or spirits distilled

varied.

[3d Sess.] Province Laws. — 1757-58. 57

shall, within thirty days after such licpnce granted, and before he or she sell by virtuo of the same, not only become bound to keep <ijood rule, &c., as by law Is already required, but shall also become hound, with sudicient sureties, by way of recof^jnizance, to his majesty, for the use of this government, in a sullicient sum, to be ordered by the court that grants the licence, which sum shall not exceed three hundred pounds nor be less than fifty pounds, conditioned that they shall keep and render the accounts aforesaid, and pay the duties aforesaid, as in and by this act is required.

ybnl be it further enacted^

[Sect. G.] That every such tavernor, innholder, common victualler Forfeiture for anil retailer, who shall neglect or refuse to take, keep and render such rna'ami'rcndcr!^ accounts as by this act are required, or that shall neglect or refuse ing account. to take the oath aforesaid, shall forfeit and pay, to him or them that shall collect the duties aforesaid, double the sum which the court of general sessions of tiie peace in that county shall adjudge that the duties of excise upon the liquors, limes, lemmons and oranges by such tav- erner, innholder, common victualler or retailer, or by any for or under him or them, sold, used or consumed would have amounted to ; and no persons shall be licenced by the justices of the general sessions of the peace who have not accounted with the collector, and paid him the excise aforesaid, due from such person at the time of his or her taking or renewing such licence.

And ivhereas, notwithstanding the laws made against selling strong Preamble, drink without licence, many persons not regarding the penalties of said acts, do receive and entertain persons in their houses, and sell great quantities of spirits and other strong drink, without licence ; by reason whereof great debaucheries are committed and kept secret, and such as take licences and pay the duties of excise therefor are greatly wronged, and the government thereby defrauded, —

Be it therefore enacted,

[Sect. 7.] That if any distiller, importer or any other person what- Forfeiture for soever, after the said twenty-fifth day of March, shall presume, ncense.'^'"'*'"' directly or indirectly, to sell any rum or other distilled spirits, or wine, in less quantity than twent3'-five gallons, or any beer, ale, cyder, perry or other strong drink, in any quantity less than ten gallons, without licence first had and obtained from the court of general sessions of the peace in that county, recognize in manner as aforesaid, shall for- feit and pay for each olfenoe, the sum of four pounds, lawful money, and costs of prosecution, two thirds for the use of the government and the other tiiird for the prosecutor; and all such as shall neglect or refuse to pav the fine aforesaid, shall stand closely committed in the common goal of the county, and not have the liberty of the goaler's bouse or yard, until said sum of four pounds is paid, with costs ; and any goaler giving libert}' contrar}' to this act, shall forfeit and pay the said sum of four pounds, to be disposed of in manner aforesaid, and costs of prosecution.

And lohereaa, in order to elude the design of this act, some persons may join together and buy wine, rum, brandy and other spirits (listilled in quantities above twenty-five gallons, and afterwards divide the same among themselves in lesser quantities, —

Be it therefore enacted,

[Sect. 8.] That where two or more persons, not licenced as afore- Persons not said, shall join together, and purchase rum, brandy or other spirits {o;lAh"r''iM puf- distilled, or wine, or shall eini)lov anv other person not licenced as chasing uquors

... 1 .. 1 I II /•. ■ 1 " T • 1 .1 -^ L anil (lividing ttio

aloresaid to do it, and shall alterwards divide the same, or cause it to Rame, liable to a be divided among themselves, or otherwise, in lesser quantities than ^"'■'"^'''"'■o. twenty-five gallons, they shall be deemed and taken to be sellers of

58

Province Laws. — 1757-58.

[Chap. 19.]

Liquors lent or delivered on the above consid- eration, to be deemed a sale.

Preamble.

Persons not licensed supply- ing those em- ployed by them in the fisliery, &c., with spirit- uous liquors, to bo deemed ecllcrs.

One witness Bufficient for conviction.

■ such rum, brandy and other distilled spirits and wine, and each and every of them shall be subject to the same pains, penalties and forfeitures as any person by this act is who shall sell rum or other spirits distilled, or wine, without licence first had and obtained.

And tvhereas some doubts have arisen whether the lending or deliver- ing rum, brandy or other spirits distilled, or wine to others for their use, upon agreement or in confidence of having the like liquors returned again, be a sale thereof; wherefore, for removing all such doubts, —

Be it enacted,

[Sect. 9.] That all rum, brandy and other spirituous liquors and wine, lent or delivered to others for their use, upon such like considera- tion, is, and shall be deemed and taken to be, an absolute sale thereof. And that every person not licenced as aforesaid, that shall order, allow, permit or connive at the selling any rum, brandy or other distilled spirits, or wine, contrary to the true intent and meaning of this act, by his or their child or children, servant or servants, or any other person or per- sons in or belonging to his or her house or famil}', shall be deemed and taken to be the seller of such liquors, and be subject to the aforesaid pains and penalties provided against such offenders, and shall be recovered in like manner : provided, that if it shall be made appear that the liquors lent or delivered as aforesaid, shall have had the duties paid upon them, or were purchased of any person or persons having licence or permit, the person lending or delivering the same, as aforesaid, shall not be subject to the aforesaid pains and penalties.

And ivliereas divers other persons than those licenced to sell rum and other distilled spirits by retail, have heretofore supplied persons em- ployed by them in the fishery, building vessels, and in other business, with rum and other liquors, without paying any excise thereon, and thereby have defrauded the government of the duty of excise, and have not been subject to the penalty provided by law against selling drink without licence, and the same practice will probably be continued, unless effectual care be taken to prevent the same, —

Be it therefore further enacted,

[Sect. 10.] That all persons not licenced, as aforesaid, who hereafter shall, by themselves, or by any other person or persons under them, or by their order, allowance or connivance, supply any person or persons employed by them in the fishery, building of vessels, or in any other business or employ, with rum or other distilled spirits, or wine, shall be deemed and taken to be sellers of such liquors, and be subject to the aforesaid pains and penalties provided against persons selling any of the liquors aforesaid without licence, which shall be recovered in like manner, unless they make it appear that such wine, rum or other dis- tilled spirits, was purchased of a taverner, innholder or retailer, or other person or persons that had licence or permit to sell the same.

And he it further enacted,

[Sect. 11.] That when any person shall be charged with selling strong drink without licence, one witness produced to the satisfaction of the court or justice before whom the trial is, shall be deemed suffi- cient for conviction. And when and so often as it shall be observed that there is a resort of persons to houses suspected of selling strong drink without licence, any justice of the peace in the same county, shall have full power to convene such persons before him, to examine them upon oath concerning the persons suspected of selling or retailing strong drink in such houses, out-houses or other dependencies thereof; and if upon examining such witnesses, and hearing the defence of such suspected persons, it shall appear to the justice there is sufficient proof of the violation of this act by selling strong drink without licence, judgment may thereupon be made up against such person, and he shall

[3d Sess.] Province Laws. — 1757-58. 59

forfeit and * in like manner as if process had been commenced by bill, plaint or information before the said justice ; or otherwise such justice may bind over tlic person suspecteil, and the witnesses, to the next court of general sessions of the peace for the county where such person shall dwell. ^

And be t further enacted,

[Sect. 12.] That when and so often as any person shall be charged Penalty for pcII. with selling strong drink without licence to any negro, Indian or loTeuroM?""" mollato slave, or to any child or other person under the age of dis- muiauocB, Ssc cretion, and other circumstances concurring, it shall appear to be highly probaI)Ie in the judgment of the court or justice before whom the trial shall be, that the jKTSon comi)lained of is guilty, then, and in every such case, unless the defendant sliall acquit him- or herself upon oath (to be administrcd to him or her by the court or justice that shall try the cause), such defendant shall forfeit and pay four pounds, one third to the informer, the other two thirds to the collector of excise for the use of the government, and costs of [)rosecution ; but if the defendant shall acquit him- or herself upon oath as aforesaid, the court or justice may and shall enter up judgment for the defendant to recover costs.

And be it further enacted,

[Sect. 13.] That if any person or persons shall be summoned to Penalty on per- appear before a justice of the peace, or the grand jury, to give evidence g^vJevidencl.'** relating to any person's selling strong drink without licence, or to appear before the court of general sessions of the peace, or other court proper to try the same, to give evidence on the trial of any person informed against, presented or indicted for selling strong drink without licence, and shall neglect or refuse to appear, or to give evidence in that behalf, every person so offending shall forfeit the sum of twenty pounds and cost of prosecution ; the one half of the penalty aforesaid to be to his majesty for the use of the province, and the other half to and for the use of him or them who shall sue for the same as aforesaid. And when it shall so happen that witnesses are bound to sea before the sitting of the court where any person or persons informed against, for selling strong drink without licence, is or are to be prosecuted for the same, in every such case, the deposition of any witness or witnesses, in writing, taken before any two of his majesty's justices of the peace, quorum nnuft, and sealed up and delivered into court, the adverse party having first harl a notification, in writing, sent to him or her of the time and place of caption, shall be esteemed as sulDcient evidence, in the law, to convict any person or persons offending against this act, as if such witness or witnesses had been present at the time of trial, and given his, her or tlieir deposition viva voce; and every person or persons who shall be summoned to give evidence before two justices of the peace, in manner as aforesaid, and shall neglect or refuse to appear, or to give evidence relating to the facts he or she shall be enquire(l of, shall be liable and sul>ject to tlie same penalty as he or she would have been by virtue of this act, for not appearing, or neglecting or refusing to give his or her evidence before the grand jury or court as aforesaid.

And be it further enacted,

[Sect. 14.] Tliat all fines, forfeitures and penalties arising by now fines a™ u this act shall and may be recovered by bill, plaint or information, be recovered, before any court of record proper to try the same ; and, where the sum forfeited doth not exceed four pounds, by bill, plaint or information before any one of his majesty's justices of the peace in the respective counties where such oflence shall be committed: which said justice is hereby impowered to try and determine the same. And said justice shall make a fair entry or record of all such proceedings : savintj always

* Tim wcinl " p.iy," ovid<'ntly oniiftid. t TIk^ word ''it," evidently oinitUd. [Both these word.s are in the bill, and the latter is in the recorded act.]

60

Peovixce Laws.— 1757-58. [Chap. 19.]

Collector to set- tle accounts.

Collectors of the excise to be appointed by the general court.

Form of the oath.

to any person or persons who shall think him-, her- or themselves aggrieved by the determination of the said justice, liberty of appeal therefrom to the next court of general sessions of the peace to be holden within and for said county, at which court such offence shall be finally determined : provided^ that in the same appeal the same rules be observed as are already required, by law, in appeals from justices, to the court of general sessions of the peace : saving, onhj, that the recognizance for prosecuting the appeal shall be eight pounds.

Be it further enacted,

[Sect. 15.] That every collector shall settle all accounts relating to said excise in the several towns of the county where he is collector, first giving seasonable and publick notice of the time and place or places where said business shall be transacted.

And be it further enacted,

[Sect. 16.] That there bo one or more collectors in each county appointed by the general court, or by the court of general sessions of the peace, where it shall happen that such collector refuse to accept said office, or be removed by death or for mismanagement, to taice charge of this duty of excise, who shall have power to inspect the houses of all such as are licenced, and of such as are suspected to sell with- out licence, which collectors shall be upon oath to take care of the exe- cution of this law, and to prosecute the breakers of it.

[Sect. 17.] And ever}' collector of the excise in any county may substitute and appoint one or more deputy or deputies under him, upon oath, to collect and receive the excise aforesaid which shall become due in said county, and pay in the same to such collector, which deputy and deputies shall have, use and exercise all such powers and authorities as, in and by this act, are given or committed to the collector for the better collecting the duties aforesaid, or prosecuting offenders against this act ; for the doings of which deputies, the collectors, respectively, shall be accountable.

[Sect. 18.] And the said collectors shall carefully examine the accounts of every licenced person in their respective counties, and demand, sue for, and receive the several sums due from them by this act, and shall give in an account under their hands, of the particular sums they receive, together with the names of the persons of whom received, unto the treasurer upon oath ; which oath the treasurer is hereby" impow- cred and directed to administer in the words following ; viz., —

You, A. B., do swear that this is a just and true account of the excise upon all wines, rum and distilled sjiirits, limes, lemmous and oranges by you received or secured to be jjaid you in the county of ;

and that the person by whom such excise was paid or secured to bo paid to you, were sworn in manner and form as by law is prescribed. So help you God.

Collectors to [Sect. 19.] And at the time of receiving any money, the said col-

for every sum IcctoT shall givc two reccipts, of thc same tenor and date, mentioning received. what sum or sums they have received from any taverner, innholder,

common victualler or retailer ; one of which receipts to be by the said taverner, innholder, common victualler or retailer returned to the court of general sessions of the peace within their respective counties, at the next session of such court, and the clerks of the said court shall, within twenty days after receipt thereof, transmit the same to the treasurer or receiver-general.

[Sect. 20.] And such collectors shall pay into the public treasury of this province all such sums as they shall receive within six months from thc date of their commission, and so from time to time within the space of six months, as long as they shall continue in such office.

[3d Sess.J Province Laws. — 1757-58. 61

on pain of forfeiting the reward given such collectors by this act, who Collectors' fees.

shall be allowed, in the county of Suffolk, one and a half per cent;

in the county of Essex and Middlesex, and Plymouth, two per cent,

and in the other counties, three per cent on all money by them col- Bond to be

lected and paid into the treasury, as aforesaid : each collector, before f '^■'-'" '" '"l^

• i-i/» !• treasurer for

he enter into the said ollice to give bond, for treble the sum that it treble iho sum was farm'd for, in the respective county, the last year, to the treasurer ^^ lurmuj fu,, of this province, for the time being, and his successors in said ollice, - with sullicient sun^ties, for the faithful discharge of his duty, and that he will duly pay in the money that he shall collect, to the treasurer of the pnn'ince, for the time