Provided nevertheless, That in all Actions which may be brought or Provifo, that come before the faid Superior or County Courts in due courfe of Law, the parties wherein the Parties fhall join fue on any Matter of Fact, and agree and may agree to do put themselves on the Court for Trial of fuch Iflue; the Judges of faid put the matter of fact, to refpective Courts, having Jurifdiction of fuch Action or Actions, may and fhall proceed to hear and try the fame without a Jury, and to award Damages and Cofts, and grant Execution thereon; any Thing before to the contrary notwithstanding.

the court to determine.

Scire facias on the farth

And upon any further or other Breach, or neglect of Performance of any other Particular in the Condition annexed to, or indorsed on said Bond, the Obligee, his Executors or Adminiftrators, may take out a Scire Facias against er breach of the Obligor, his Heirs, Executors or Administrators, from the Clerk of that a Bond, &c. Court in which Judgment was given, to fhew Caufe why Execution fhall not be awarded for the Money then due, or Damages then fuftained: And the Court fhall proceed to make up Judgment for what fhall appear in Equity to be then due, with additional Cofts, and award Execution thereon; and fo from Time to Time till all the Particulars mentioned in such Condition are perform. ed and compleated.

Special verdict.

Court impower'd to return the jury to a third confideration.

No pleas,

&c. after

And the Judges fhall also determine Matters of Law, ftated and referred to them by the Jury in their special Verdicts; which Verdias the Jury in all Cafes wherein Matters of Law are to them so obscure that they cannot clearly and fafely give a pofitive Verdict, fhall have Liberty to give a fpecial Verdict therein; finding and prefenting the Facts, and thereon fating and putting the Question in Law, viz. If the Law be fo in fuch a Point, then we find for the Plaintiff; but if the Law be otherwise, then we find for the Defendant."

And be it further enacted by the Authority aforelaid, That the Judges of the Court fhall have Liberty, if they judge the Jury have not attended the Evidence given in, and the true iffue of the Cafe in their Verdict, to caufe them to return to a fecond Confideration of the Cafe, and fhall for the like Reafon have Power to return them to a third Confideration, and no more. And when the Court have committed any Cafe to the Confideration of the Jury, the Jury fhall be confined under the Cuftody of an Officer appointed by the Court, until they are agreed on a Verdict: And the Court may fet a fuitable Fine, not exceeding Twenty Shillings, upon fuch Officer or Juryman as shall be diforderly, or neglect, or refuse due Attendance of their Duties refpectively, during their attending the Court.

And that when the Parties have made their Pleas in any Court and gi ven their Evidences, and the Cafe is committed to the Jury, there shall be caufe is com- no after Pleas, Arguments, Evidences or Teftimonies, heard or received in fuch Cafes, before the Jury have returned their Verdict into Court, and the jury. fame is recorded.

mitted to the

New trials.

No appeal,

unless matter in de

mand exteed zol.

And be it further enacted by the Authority aforefaid, That the Superior and County Courts in this State, fhall and may from Time to Time, as occafion fhall require, and as fhall by them be judged reafonable and proper, grant new Trials of Caufes that fhall come before them for mifpleading, or difcovery of new Evidence, or for other reasonable Caufe appearing, according to the common and ufual Rules and Methods in fuch' Cafes.

That all Actions wherein the Matter in Demand does not exceed the Value of Twenty Pounds lawful Money; and all Actions brought on Bond or Note, given for the payment of Money, or bills of Credit only, vouched by two Witneffes (except fuch Matters as by virtue of this A&t may be tried

Actions Civil.

by an Affiftant or Justice of the Peace) fhall be heard and finally determined by the County Court.

when to be. allowed

That in any Action brought to, heard and tried by any County Court, wherein the title of Land is in Queftion, or wherein the value of the Debt, Damage or matter in Difpute fhail exceed the value of Twenty Pounds, (except Appeals it be on Bond or Note vouched by two Witnefles) if either Party fhall be aggriev ed by the Sentence or Judgment of fuch Court therein, an Appeal fhall be allowed to the next Superior Court to be holden in the fame County. Provided that fuch Appeal be entered during the Time of the fitting of the Court from which the Appeal fhall be made; and fufficient Bond with Surety be given by the Party appealing, to profecute fuch Appeal to Effect, and answer all Damage in cafe he make not his Plea good.

when to be

entered, &c.

Bond for

profecution, how payable.

of the court,

And all Bonds for Profecution in Civil Caufes, fhall be made payable to the adverfe Party. And all Appeals to the Superior Court, fhall be entered before the fecond opening of fuch Court, and not after; unless the Appellant fhall pay to the Appellee all his Colt in fuch Cafe arifen to that Time, Appeals to (which shall not be refunded however the Caufe may finally iffue); which Coft he entered being taxed and paid, the Action may be entered by the Appellant, before before the the Jury attending fuch Court are difmiffed, and not after And if the 2d opening Appellant do not enter fuch Appeal, before the Jury are difmiffed, the Ap- unlefs, &c. pellee may enter the fame, and have the Judgment of the County Court in the Cafe affirmed with the additional Coft, and Execution granted accordingly. If the plain That in all Actions brought by any Perfon who is not an Inhabitant of inhabitant of this State, to any Court in this State, the Clerk of fuch Court fhall enter this ftate, his in the record of the Caufe, the name of the Attorney by whom fuch Stan- attorney's ger appeared; which Record, or an attefted Copy thereof, fhall be good Evidence in Law, that fuch Attorney, was the lawful Attorney for faid Stranger.

tiff is not an

name to be

entered, &c.

No coft for

That no Coft shall be allowed for Travel to get a Writ, or for carrying it to travel to get

an Officer.

a writ, &.

And be it further enazed by the Authority aforesaid. That when any Alf tant or Juftice of the Peace hath given Judgment in any Cafe, and before the when the fame is fatisfied or Execution granted thereon, fhall be removed by Death or affistant or otherwife; the Party in whofe Favour fuch Judgment was given, may bring justice before an Action of Debt for the recovery of the Sum due thereon, at any Time whom judgwithin five Years after fuch Removal; which Action may be brought before ment is had an Affiftant or Justice of the Peace, if the Debt or Damage recovered and before exedue doth not exceed Ten Pounds; and the original Record or a Copy thereof cution. had, attefted by the Perfon who gave the Judgment, or any Affiftant or Juftice of &c. how to the Peace, fhall be fufficient Evidence of fuch Judgment; in which Cafe no proceed. Appeal fhall be allowed.

is removed

That in any Action, wherein Bond for Prefecution is not given at the Commencement thereof, the Court, Affiftant or Juftice of the Peace before whom Bond for the fame is brought, fhall on Motion of the Defendant, and fatisfactory Proof profecution that the Plaintiff is unable to pay a Bill of Colt, if recovered against him, order may be re the Plaintiff to give Bond with fufficient Surety, to profecute his Action to Ef- quired if the fect, and pay all Damage in case he make not his Plea good; before proceeding unable to to Trial of the fame; and if the Plaintiff refuse or neglect to give fuch Securi- pay coft &c. ty, his Action fhall be non-fuit.

And for preventing trivial and vexatious Suits;

Be it further enacted by the Authority aforefaid, That in Actions of Trespass, Affault and Battery, and Trefpafs upon the Cafe which fhall be hereafter tommenced or profecuted in any County or Superior Court in this State,

D

plaintiff is

8

when under

Adultery. Alarms. Arbitration.

Actions of (except only where the Title, or Inheritance, or Intereft of Lands or trefpafs, &c. freehold Eftate is the principal Matter in Queftion on the Trial of fuch Cafe) if the Damage is therein found, by Verdict of a jury or otherways, to be under Forty Shillings lawful Money, the Plaintiff fhall recover no more Cofts than Damages; any Law, Ufage or Cuftom to the contrary notwithftanding.

40s.

Provifo.

Provided nevertheless, That when the Defendant in any of the Actions aforefaid, fhall remove fuch Action by Appeal from an Affiftant or Justice of the Peace, to the County Court, or from the County Court to the Superior Court, the Plaintiff on his recovering final Judgment against the Defendant shall recover his fall Cofts of Suit; any Thing in this Act to the contrary notwithstanding.

An Act against, and for the punishment of Adultery.

E it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame, That whofoever fhall commit Adultery how Adultery with a married Woman, and be thereof convicted before the Superior punished. Court, both of them fhall be feverely punished, by Whipping on the naked Body, and ftigmatized, or burnt on the Forehead with the Letter A, on a hot Iron : And each of them fhall wear a Halter about their Necks, on the outside of their Garments, during their abode in this State, so as it may be visible: And as often as either of them fhall be found without their Halters, worn as aforefaid, they fhall, upon Information and Proof of the fame, made before an Affiftant or Juftice of the Peace, be by him ordered to be whipt, not exceeding thirty Stripes.

alarm.

An Act relating to Alarms.

BE it enacted by the Governor, Council and Representatives, in General Court

affembled, and by the Authority of the fame, That if any Perfon or PerPenalty for fons in this State, (without just and neceffary Occafion fo to do) fhall cause caufinga falfe any Alarm, by firing any Gun or Guns, or otherwife, in any Town. or Plantation in this State, at any Time between the shutting in of the Evening, and break of Day, and fhall thereof be legally convicted, fhall each of them pay a Fine of Four Pounds to the public Treasurer of the County where fuch Conviction fhall be made; or fuffer two Months Imprisonment. Provided, The Delinquency be complained of, and profecuted within fix Months after the fame is committed,

Provifo.

An Act for the more easy and effectually finishing of Controtroverfies by Arbitration.

BE E it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame, That all Merchants and others Controverfies defiring to end any Controverfy (for which they have no other Remedy but a by arbitrators perfonal Action, or Suit in Equity) by Arbitration, may agree that their how manag- Submiffion of the Suit to the Award or Umpirage of any Perfons, fhall be made a Rule of any of the Superior or County Courts, which the Parties hall choose, and may infert fuch their Agreement in their Submiffion, or the Condition of the Bond, or Promife; and on producing an Affidavit of such Agreement, and upon

ed.

troverfies, by

reading, and filing the fame in the Court so chofen, the fame may be entered of Record in fuch Court, and a Rule of Court fhall be thereupon made that the Parties shall submit to, and finally be concluded by fuch Arbitration, or Umpirage, and on the Award of fuch Arbitrators being returned into the Court fo chofen, in Cafe of Disobedience of either Parties, the faid Court may grant Execution to levy, and collect the Sum awarded by faid Arbitrators, with Coft. And be it further enacted by the Authority aforesaid, That if any Merchant, Merchants, or other Perfon defiring to end any Controverfy, as aforefaid, by Arbitrati- or others, on, fhall perfonally appear before any Superior, or County Court, and ac- may end conknowledge before fuch Court, that they have mutually agreed to refer all arbitration their Matters of Difference, or any particular Thing to the Arbitrament of if appearing certain Perfons by them agreed on, naming the Perfons fo chofen, and defiring before any the same may be made a Rule of Court: the fame may be entered of Record: fuperior or And a Rule of Court shall be thereupon made that the Parties fhall fubmit county court to, and finally be concluded by fuch Arbitration, or Umpirage, and on the Award of fuch Arbitrators being returned in the Court fo chofen, in Cafe of Disobedience of either Party thereto, the faid Court may grant Execution in due form of Law, and levy and collect the Sum, fo awarded, to be paid with

COR.

&c.

And be it further enacted by the Authority aforefaid, That when any perfon- When any al Action shall be commenced, the Parties in fuch Action defiring to refer the perfonal acfame, on each Party's choosing a Man, the Court may appoint a Third, whofe tion shall be Award being by faid Referees, or any two of them made, and returned into commenced, the parties fuch Court, and by them accepted, fhall be a final End of fuch Controversy, to, &c. and the faid Court fhall grant Execution thereon according to the Award of fuch Referees, with Coft.

BE

An Act concerning Arrefts and Imprisonment.

E it enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That no Man's Perfon fhall be No Man's arrested and imprisoned for any Debt, Damage, or Fine, where fufficient means perfon to be of Satisfaction can otherways lawfully be found, from his Eftate, to be fhewn imprisoned and prefented by him ; but if no fuch Satisfaction can be found, his Perfon may in cafe, &c. be arrested and imprisoned: Where he fhall be kept at his own Charge, 'till Satisfaction be made; unless the Court that hath cognizance of the Cause, fhail otherwife determine and order.

Provided nevertheless, That no Perfon or Perfons for the non-payment of Rates, Fines, Debts, or for any Crime or Offence, fhall be committed to Prifon, without a Mittimas granted and figned by Civil Authority; declaring the Cause and Ground of his Commitment, requiring the Goaler, Mafter, or Keeper of the Prifon to receive and keep fuch Perfon or Perfons within the Prifon, until difcharged according to Law; Unless where any proper Of ficer for want of Eftate, feize the Body or Bodies of any Perfon or Perfons by Execution or Diftrefs, or Warrant for Fines or Rates, and commit him or them to Prifon; in which cafe a Copy of the Execution or Distress, attefted and figned by fuch Officer, and delivered to the Goaler, Mafter, or Keeper of the Prifon, fhall be a fufficient Warrant or Order for him to receive fuch Perfon or Perfons; and him or them to hold in fafe Cuftody 'till delivered by Law.

for debt, &c.

Provifo.

Debtor ta

debt by fer

And if no other Means can be found to pay the Debt for which fuch Debtor is imprifoned, the Debtor fhall fatisfy the fame by Service, if the fatisfy the Creditor defire it and the Court fhall judge it reasonable; in which cafe the vice, in cafe, Superior or County Court fhall have Power to order and difpole of fuch &c,

10

Provifo

Any eftate being attached, copy to be

leit.

If real estate is taken,

Attachments. Attorney.

Debtor in Service, for the Purpose aforefaid, to fome Inhabitant of this State, whether the Execution by which he is held illued from fuch Court or not.

Provided always, That no Court in this State fhali, in any Civil Cafe, affign or difpole of any Perfon in Service, until fuch Court is fatished by the Oath of the Parties or otherways, that fuch Debtor hath not Eftate fufficient pay the Debt for which he is hoiden by Execution, except fuch Neceffaries as are by Law exempted from being taken by Execution; and the Debt for which he is holden is really and bona fide due, on good Confideration.

An Act concerning Attachments.

BE it enacted by the Governor, Council and Reprefentatives, in General Court

affembled, and by the Authority of the fame, That when any Eftate real or perional, is attached by virtue of a Writ of Attachment in any Civil Action, the Officer who serves the fame, fhall leave with the Perfon whofe Estate is fo attached, or at the Place of his ufual Abode, if within this State, a true and attefted Copy of the Writ, and of his Return, defcribing the Ettate by him attached thereon. And when any real Estate is taken, the Omcer ferving the Writ, fhall leave a true and attefted Copy thereof, and a defcription of the Eftate taleft with the ken, at the Town Clerk's Office, in the Town where the Eitate lies; and until the Service is fo compleated, the Estate so attached, fhall not be held by fuch Attachment, against any other Creditor or bona-fide Purchaler, unlefs Tuch Copy is left in Service, within feven Days next after attaching the Eftate, and before the Time limited by Law for the Service of fuch Writ is expired.

copy to be

town clerk.

unless, &c.

And be it further Enacted by the Authority aforesaid, That no Eftate attachEftate ated as aforefaid, thall be neid to refpond the Judgment obtained by the Plaintiff tached, not at whofe Suit the fame is attached, either against the Debtor, or any other Creto be held, ditor, unless fuch Judgment Creditor take out Execution on fuch Judgment, and have the fame levied on Goods or perfonal Eilate, within fixty Days after final Judgment, or on real Estate, and the fame have appraised and recorded within four Months after fuch Judgment obtained; or if faid Goods or Estate are incumbered by any prior Attachment, the Execution be levied as aforelaid within the respective Times aforefaid, after fuch Incumbrance is removed.

within four months.

Execution

to be levied

within five

days, or pri

foner not to be held.

And that when the Body of any Person is attached, and for want of Bail is committed to Prison, the Perfon fo committed fhall not be holden in Priton by virtue of fuch Attachment, for a longer Time than five Days after the rifing of the Court in which final Judgment in fuch Cafe fhall be rendered: And in cafe no Execution fhall be taken out upon fuch Judgment, and levied upon the Perfon of such imprisoned Debtor, within five Days as aforefaid, the keeper of the Goal, upon his Fees being paid, may not hold fuch Prisoner any longer by virtue of faid Commitment; any Law, Ufage or Cuftom to the contrary notwithstanding.

[This Act was paffed in October, One thoufand feven hundred and feventy.]

An Act for the appointment and regulating Attornies.

For the well ordering Proceedings and Pleas at the Bar:

E it Enacted by the Governor, Council and Representatives, in General Court

Baflembled, and by the authority of the jame, that the County Courts in the respective Counties in this State, fhall appoint, and they are hereby