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Man's Horse, Cattle or Goods, of what kind loever, be impressed or taken for any pablic Uie or Service, unless it be by Virtue of such Warrant, nor without Damage to such reasonable Satisfaction : And it such Horse, Cattle or Goods perish, or be paid. faffer Damage in such Service, the Owner shall be duly recompenced.

Civil author

Indians,

death.

fabbath.

to indians.

An Act for well-ordering and governing the Indians in this

State ; and securing their Interest. E it enacted by the Governor, Council and Representatives, in General Court ity, &c. to

, che Civil Authority and Select-men of such Towns wherein are any Íribe indians be of Indians, to take Care that they be well acquainted with the Laws of the

acquainted

with the laws State, made for punishing such Immoralities as they may be guilty of; and againn im. make them sensible that they are liable to the Penalties in case they transgress moralities. the Laws. And any Indian that shall be guilty of wilfully murdering any other Indian,

murder, shall be put to Death, on being thereof convicted before the Superior Court.

And every indian that shall be convicted of Drunkenness, shall pay a fine of Five Shillings, or be set in the Stocks, not exceeding two Hours, nor less than Drunkenness one Hour. And every Indian that stall be convicted of prophaning the Sabbath or

Breach of Lord's-Day, by unnecessary Labour, or Play, shall pay a Fine of Ihree Shillings, or fit in the Stocks one Hour, at the discretion of the Authority before whom the Conviction is.

And it any person shall sell or give any strong or spirituous Liquor to any Penalty for Indian in this State, fuch Person Mall, for every luch Offence, pay a fine of felling Atrong Ten Sbillings for every Pint, and in Proportion for any greater or lesser Quantity of such Liquor, so fold, or given to any Indian. And the accusation of an Indian, and other ftrong Circumliances, Thall be fufficient Evidence to convict any Person of the breach of this Paragraph, unless the Person accused shall acquit him or herself on Oath.

Provided, That nothing in this A& shall be construed to hinder, or restrain Proviso. any ad of Charity for relieving any Indian in case of Sickness or Neceflity. That no Indenture or Contract made by any Indians for binding out any

Noindenture their Children, shall be valid in Law, except approved by, and ack nowledged of an indian before an Afiftant or Jufice of the Pçace, which Aşthority hal; fee: thras Jur-valid, uniets tice be done therein. the peace

acknowThat it shall be the Duty of every Person who shall take an Indian Child or

ledged. Children to bring up, to teach him or them to read ; and also to instruct thom Indian child in the principles of the Christian Religion, by Catechifing or otherwise. ren to be

That any Person who shall negleat his or her Duty therein, and be thereof taught to convicted, shall pay a fine, not exceeding Thirty Shillings, on one Conviction, read, &c. at the discretion of the Authority before whom the Conviction is : And if such

Penalty for Person shall continue to neglect to in fruct such Child or Children, (they being neglect. capable to learn) it shall be the Duty of the Select-men, and they are hereby impowered, by and with the Advice of an Afiftant of Justice of the Peace, to Duty of se

lectmen. &G. remove such Child or Children; and bind him or them to some other Person, who will take proper Care for their Inftruction, as aforesaid.

Not prosecuThat no Judgment shall be rendered against any Indian for any Debt, or table for debt any Contract, except for Rents of Lands hired and occupied by such In- except, &c. dian.

And be it further enaited by the Authority aforesaid, That no Person or Persons in this State, whether inhabitants or other, mall buy, hire, or re

of

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No person to ceive a Gift or Mortgage of any parcel of Landor Lands of any Indian or lebuy or hire dians, for the fature ; except he or they do buy or ceceive the same for the ale unless, &c.

of the State, or for some Plantation or Village, and with the Allowance of the General Assembly of this State.

And if any person or Persons shall purchase, or receive Lands of any Indias

or indians, contrary to the Intent of this Act; the Person or Persons to offendOn penalty, ing, thall forfeit to the public Treasury of this state, the trebie Value of the

Lands to purchased or received: And no Interest or Estate in any Lands in this State, shall accrue to any such Person or persons, by Force or Virtue of such illegal Bargain, Purchase or Receipt.

[The above Paragraph, was enacted in Odober, one Thousand fever Huedred and two ; eo be in Force from the first Day of December, tben next following.)

It is further enačled by the Authority aforejaid, That when and so often as

any Suit shall be brought by any Indian or Indians, for the recovery of any Lawof por. Lands reserved by the Indians for themselves, or sequestered for the Use and feffion not Benefit of the Indians, by order of this Assembly, or by any Town agreeable to pleadable,

to the Laws of this State ; that the Defendant or Tenant shall not be admitted &c.

to plead in his Defence his Poffetion, or any Way take Benefit of the Law, entitled, " An As for the quieting Men's Eftates, and avoiding of Suits," made May the eighth, One thousand fix hundred and eighty-four.

And to prevent Damage that may come to Indians in their cornfelds, by Creatures belonging to other People :

Be it further inaked by the Authority aforesaid, That in each Town in this

State, where any Indians have fenced Fields, there in all be Fence-viewers and Where indi. Appraisers by such Town chosen and appointed, who thall be sworn to view such ans have

Indians Fence, and to appraise such Damage as may, or shall be done in their corn fields, Corn-fields, by any Cattle, Horses or Swine: And the Judgment and Appraisefence-view. ers to be ap

ment of such Viewers or Appraisers, shall be observed, and duly performed, and pointed, &c. answered by the Owners of sach Cattle, Horses and Swine, to the Indian or los

dians damnified.

And any Indians having fuch Fields, are hereby allowed to make Pounds To have within their faid Fields, to impound and secure Horses, Cattle and Swine tref. pounds.

pafling upon them. Notice to be

And the Indian or Indians impounding any Cattle, Horses or Swine, shall given to the focuh with give .Norice, thereaf to the. Select-men of that Town wherein fuch owners of :fiçie is, and to the select- men of the two next adjacont Towns; unless the Ow. creatures im-"ner is known"; in which Cafe; Notice hall be giver to the Owner ; and if the pounded. Owner doth not redeem his Creatures so impounded, by paying the Damage

sustained, within twenty-four Hours after Notice to them given of the same; or if no Owner appear within three Days after Notice given to the Select-men, as aforesaid ; then, in each of those Cases, the Select-men of thai Town wherein such Field is, shall make Sale of such Creatures, or so many of them as fall answer the Damages done by such Creatures, and pay said Damage, and the Charges therewith, and return the Overplus, if any, to the Owner.

An Act for the Admission of Inhabitants in Towns, and for

preventing Charge on Account of such as are not admitted therein,

BE

E it enated by the Governor, Council and Representatives in General Court assembled, ard by ibe Authority of obe Jame, That no tranfieot Per

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for or Inhabitant of any other State, who may come to reside or dwell in any Town in this State, Mall gain a legal Settlement in such Town by dwelling No perfon ihere, unless admitted by a major Vote of the Inhabitants of such Town, or by admitted an Consent of the civil Authority in and Select-men of faid Town, or unless such irlabitant,

unless, &c. Person shall be appointed and execuce tome public Office, or have been poflefied in his own Righe in Fee of a real Estate of the Value of one hundred Pounds in fuch Town, during his Continuance chere ; bue fuch Persons, not having gaired a Settlement as aforefaid, if the Select-men judge they are likely to become chargeable to faid Town, may be removed io the Place of their last legal Settlement, notwithstanding any length of Time that they may have been suffered to continue in such Town. That no Person shall be received or admitted an Inhabitant in any Town in

honest conthis State, but such as are known to be of an honest Conversation, and shall be verfatior, ac accepted by the major Part of the Town, or by the Authority in and Selectmen of the Town. And no Stranger or transient Person hall be allowed to No ftranger refide or make his or her Abode in any Town in this State, (Apprentices un- to make ader Age and Servants bought for Time excepted) upon Pretence of hiring or hode withou being hired, or of Tenantihip, or Inmates, without the Approbation of the Aq. liberty, &c. thority in and Select-men of such Town,

That it any Perlon or Persons shall contrary to the Intent of this Act, entertain or hire any Stranger or transient Person, or let any House or Land to such No Person to Stranger or transient Person, except he or they shall first give Security to the lire íuich, & Acceptance of the said Authority and Select-men, that such Town shall

without giv.

ing bond. be borthened and charged by him or them ; which Security such Authority and Select-men thay take or refuse at their Discretion s he or they lo entertaining, or hiring. or letting any House or Land to such Stranger or transient Person, fall forfeiç and pay to the Treasurer of such Town, the Sum of ren Shillings Penalty. per Weck, for every week he or they shall harbour, entertain, hire, or let such Estate to such Person.

And if any fuch Stranger, or transient Person shall, contrary to the intent Tranfien: of this Ad, make his or her Abode within any Town in this State, every such persons beira Person shall forfeit and pay to such Treaturer Tex Shilling: per week, for eve- warned out, ry Week that he or she fall continue in such Town, after Warning given to

to depart, out him or her, by order of the Select-men of said Town ; or upon their Request,

penalty, & by Warrant from Authority to depart such Town, (which Warning the Select men are impowered to order, or give): And the said Authority, on Request as aforesaid, is impowered to issue a Warrant to the Constable, to warn such Perfons to depart, as aforesaid. And when ару

fuch Stranger or transient Person, who shall be convicted of If unable to the Breach of this A&, and hath no Efate to satisfy the Fine, such person shall pay, to be be whipped upon his naked Body, not exceeding ten Stripes ; unless he or the whip'd. depart the Town within ten Days next after Sentence given; and refide no more therein without Leave of the Select-men.

Any one Afitant or Justice of the Peace; to hear and determine the Breach Be it further enasted by the Authority aforesaid, That whosoever shall entercain sach Stranger, or transient Person or Persons for the fpace of four Days, When fick and the said Person Mall, when so entertained, be reduced by Sickness, or other how suppor Accident, to necellitous Circumstances, whereby he, she or they shall want Re- ed. lief, the Person so entertaining luch Stranger, or transient Person or Persons hall support and sustain the Charge thereof; excepting only when the Person entertaining as aforesaid, hath within the said four Days, given fufficient Notice thereof to the Select-men of the Town ; in which Case, if the Select-men do not use proper Methods to save the Town from Charge, then it Thall be de frayed by such Town.

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of this Aa.

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Penalty on Be it further exacted by the Authority aforesaid, That if any Person or Per. persons felsons within any Town in this state, shall sell or convey any Land to any

Perling land, &c. fon or Persons, who contrary to this Ad, would under Colour of such Purchase,

make his, her or their Abode in such Town ; he or they selling as aforesaid, fall for every such Offence, forfeit and pay as a Fine, the Sum

of ten Pounds; one Moiety to the Town Treasury where such Land lies, and the other Half to him who shall complain of and prosecute the same to effect.

And be it further enafted by the Authority aforesaid, that the civil Authority, Civil autho. when and so often as there shall be Occasion in any Town, shall be and they

are hereby impowered to order any vagrant, fufpected or transient Person or Pervagrants to sons to be seat back, from Constabie to Constable, to the Town, Place or Places depart.

from whence he, she or they came ; unless tuch Person or Persons produce good Certificates of their good Behaviour, and freedom from all Engagements, and that they are at Liberty to remove themselves as they shall see meet.

And that said Authority may in like Manner remove any Stranger or transient Perion or Persons who fall neglect or refuse, or be unable to depart such Town after Warning given, as before in this Act is provided.

And if any such Persons fhall return after such sending back, as aforesaid, Returning, and abide and continue in faid Town from whence fent, after Warning given to be whipt. them to depart, they shall be whipt on the naked Body, not exceeding ten

Stripes ; and may again be sent and dealt with as atoresaid, as often as there

Thall be Occasion. Select men to And the Select-men in the respective Towns in this State, are hereby im. prosecute &c.

powered and directed to prosecute all Breaches of this Act.

And be it further enacted, That any Inhabitant of any Town within this remove froin State, may, for the better Support of himself or Family, have Liberty to reone town to move with his Family into any other Town in this State, and continue there another, &c. without being liable to be removed, provided such Perlon procure a Certificate

in Writing, under the Hands of the civil Authority in and Select-men of the Provifo.

Town from whence he removes, that he is a legal Inhabitant in chat Town, and lodge the same with the Clerk of the Town to which he removes. And in

Cafe such Person or any of his Family, stand in Need of Relief from said Town, When charge he or they shall be supported at the Cost of the Town where such Person was able, how

settled and obtained a Certificate as aforesaid ; and may be returned back to fupported.

such Town, provided such Person hath not been admitted an Inhabitant, or gained a Settlement, as before in this AA is provided, in any other Town, after such Certificate was given.

Provided nevertheless, That Persons coming to reside in any Town as afore. said, they and their Eftates shall be as liable to be taken under the Care of

the Select-men of the Town where they dwell, for Mismanagement, Idleness or Proviso.

bad Husbandry, agreeable to the Law in that Case provided, as if they had legal Settlement in such Town; and nothing in this A& shall be construed to hinder fuch Towns from ridding themselves of any Vagrant, or Persons whom such Town, or the Authority therein, or the Select-men thereof fall judge to be of disorderly, ungoverned or vicious conversation.

And be it further enacted, That any Inhabitant of any Town in this State, No person

who shall go to reside in any other Town in this State, without having a Certi. without cero ficate as aforesaid, may be removed and sent back to the Town to which he or tificate, may the belongs, in like Manner as is before provided in this Aą for the removal of

any Stranger, or transient Person : Provided such Person shall not have continued in such Town one Year before Warning given to depart, or one Year af. ter such Warning, without being prosecuted as aforesaid.

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An A&t for the equal Division and Distribution of Insolvent

Estates.

B E it enoded by the Governor, Council and Representatives, in General Court Insolvent e

afsembled, and by the Authority of the same, That when the Estate of any states to be Person deceased shall be insolvent, or insufficient to pay all the jult Debts which equally divi.

ded, &c. the deceased owed, the same shall be sold, and the avails thereof be divided and diftributed to and among all the Creditors, in Proportion to the Sums to them respectively owing, so far as the Eftate will extend, saving that the Debts due except. to this Scate, and for Sickness, and necessary funeral Charges of the deceased are to be first paid.

And the Executor or Administrator appointed to adminifter on any such insolvent Estate, before Payment be made to any Person, (except as before excepted) shall represent the Condition and Circumstances thereof unto the

Executor or Judge of the Probate of Wills and granting of Administrations, who shall no- administrat. minate and appoint two or more fit and indifferent Persons, to make a true and or's duty, &c. equal Apprailement of such Efate, and administer the Oath by Law prescribed to them for that Purpose, and Mall also nominate and appoint two or more fit Persons to be Com millioners, with full power to receive and examine all the Claims of the several Creditors, and how they are made out and evidenced ;

Commission. which Commissioners shall be sworn according to Law, and cause the Times

'ers to be apand Places of their Meetings for attending the Creditors, in order for the re- pointed, &c. ceiving and examining of their Claims, to be made known and published, by setting up or posting Notifications thereof in some public Places in the Town where such deceased Person last dwele ; and also by advertising the fame in one or more of the public News-papers in this state, and any further Notice that the Court of Probate may order : And the said Judge of Probate shall allow fix, ten or eighteen Months (as the Circumstances of the Eftate may require) for the Creditors to bring in their Claims and prove their Debts: At the End of which Time limited as aforesaid, such Commissioners shall make their Report, and prelent a List of all Claims to such Judge, who shall order them a meet Recompence out of the Estate for their Care and Labour in that Affair.

And if on the Report of the Commissioners, such Estate shall appear to be infolvent, the Judge of Probate to whom such Report is made, shall order and fet out to the Widow of the deceased, (if any be) such necessary houshold Goods as are mentioned in the Law, entitled, “ An Aet for directing and regulating the

If on report levying and serving Executions,” to be exempted from Execution

of commiflion Goods so set out, thall be her own Property. And the Judge shall also order ners the estate the Widow's Dower to be set out according to Law : And the Residue and proves insolRemainder of said Eftate, both real and personal, (including that set out for the vent, how to Widow's Dower, and under the Incumbrance of her holding it for Lite) the proceed. Judge of Probate shall order and direct the Executor or Administrator, or Executors or Administrators appointed to admintter on such Eltate, to sell in fuch Way and Manner as to the Judge shall appear safest and most for the Benefit of the Creditors. ' And such Executors and Administrators, being so ordered and directed, shall have full Power and Authority, and they are hereby authorised and impowered to make Sale thereof, and to make and execute legal and proper Conveyances to the Purchasers, which shall be good Evidence in Law for their holding the same accordingly. And fuch Sales being made, the said Executors and Adminiftrators shalí render Account to the Judge of Probate of the Amount thereof, and the Monies arising thereby. And the Judge fhall thereon order full Payment to be made of the Debts due to this State, and for Sickness, neceffarý funeral Expences, and incident Charges of let. ling and selling the Estate: And the Residue to be paid to the several

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