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Indians.

Man's Horfe, Cattle or Goods, of what Kind foever, be impreffed or taken for

101

any public Use or Service, unless it be by Virtue of fuch Warrant, nor without Damage to fuch reasonable Satisfaction: And it fuch Horfe, Cattle or Goods perish, or be paid. fuffer Damage in fuch Service, the Owner fhall be duly recompenced.

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

State; and fecuring their Intereft.

Civil author

the

acquainted

E it enacted by the Governor, Council and Representatives, in General Court ity, &c. to the Civil Authority and Select-men of fuch Towns wherein are any Tribe indians be of Indians, to take Care that they be well acquainted with the Laws of the with the laws State, made for punishing fuch Immoralities as they may be guilty of; and against immake them fenfible that they are liable to the Penalties in cafe they tranfgrefs moralities. the Laws.

Indians,

murder,

death.

And any Indian that fhall be guilty of wilfully murdering any other Indian, fhall be put to Death, on being thereof convicted before the Superior Court. And every Indian that fhall be convicted of Drunkennefs, fhall pay a Fine of Five Shillings, or be fet in the Stocks, not exceeding two Hours, nor less than Drunkenness one Hour.

Breach of

And every Indian that shall be convicted of prophaning the Sabbath or fabbath. Lord's-Day, by unneceffary Labour, or Play, fhall pay a Fine of Three Shillings,

or fit in the Stocks one Hour, at the difcretion of the Authority before whom the Conviction is.

drink to in

And if any Perfon fhall fell or give any ftrong or fpirituous Liquor to any Penalty for Indian in this State, fuch Perfon fhall, for every fuch Offence, pay a Fine of felling ftrong Ten Shillings for every Pint, and in Proportion for any greater or leffer Quanti- dians. ty of fuch Liquor, fo fold, or given to any Indian. And the accufation of an Indian, and other ftrong Circumflances, fhall be fufficient Evidence to convict any Perfon of the breach of this Paragraph, unless the Perfon accused shall acquit him or herself on Oath.

Provided, That nothing in this Act shall be conftrued to hinder, or restrain Provifo. any act of Charity for relieving any Indian in cafe of Sickness or Neceflity.

No indenture

That no Indenture or Contract made by any Indians for binding out any of their Children, fhall be valid in Law, except approved by, and acknowledged of an indian before an Affiftant or Juftice of the Peace; which, Authority hal; fee that Ju-valid, unlets tice be done therein.

acknow

That it shall be the Duty of every Perfon who fhall take an Indian Child or ledged. Children to bring up, to teach him or them to read; and alfo to inftruct them Indian childin the principles of the Chriftian Religion, by Catechifing or otherwife.

ren to be

Penalty for

That any Perfon who fhall neglect his or her Duty therein, and be thereof taught to convicted, fhall pay a fine, not exceeding Thirty Shillings, on one Conviction, read, &c. at the difcretion of the Authority before whom the Conviction is: And if fuch Perfon fhall continue to neglect to inftruct fuch Child or Children, (they being neglect. capable to learn) it fhall be the Duty of the Select-men, and they are hereby impowered, by and with the Advice of an Affiftant of Justice of the Peace, to Duty of feremove fuch Child or Children; and bind him or them to fome other Perfon, who will take proper Care for their Inftruction, as aforesaid.

That no Judgment fhall be rendered against any Indian for any Debt, any Contract, except for Rents of Lands hired and occupied by fuch dian.

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lectmen. &c.

Not profecuor table for debt In- except, &c.

And be it further enacted by the Authority aforefaid, That no Perfon or Perfons in this State, whether Inhabitants or other, fhall buy, hire, or re

102

No perfon to buy or hire

of indians, unlefs, &c.

&C.

Inhabitants.

ceive a Gift or Mortgage of any parcel of Land or Lands of any Indian or Indians, for the fature; except he or they do buy or ceceive the fame for the de of the State, or for fome Plantation or Village, and with the Allowance of the General Affembly of this State.

And if any Perfon or Perfons fhall purchase, or receive Lands of any Indian or Indians, contrary to the Intent of this Act; the Perfon or Perfons fo offendOn penalty, ing, fhall forfeit to the public Treafury of this State, the treble Value of the Lands fo purchafed or received: And no Intereft or Eftate in any Lands in this State, fhall accrue to any fuch Perfon or Perfons, by Force or Virtue of such illegal Bargain, Purchase or Receipt.

Law of pof

feffion not pleadable, &C.

Where indi

ans have

corn fields,

fence-view.

ers to be ap

pointed, &c.

To have pounds.

Notice to be

[The above Paragraph, was enacted in October, one Thousand fever Hundred and two; to be in Force from the first Day of December, then next following.]

It is further enacted by the Authority aforejaid, That when and fo often as any Suit fhall be brought by any Indian or Indians, for the recovery of any Lands referved by the Indians for themfelves, or fequeftered for the Ufe and Benefit of the Indians, by order of this Affembly, or by any Town agreeable to to the Laws of this State; that the Defendant or Tenant fhall not be admitted to plead in his Defence his Poffeffion, or any Way take Benefit of the Law, entitled, "An Act for the quieting Men's Eftates, and avoiding of Suits," made May the eighth, One thoufand fix hundred and eighty-four.

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

Be it further enacted by the Authority aforesaid, That in each Town in this State, where any Indians have fenced Fields, there fhall be Fence-viewers and Appraifers by fuch Town chofen and appointed, who thall be worn to view fuch Indians Fence, and to appraise fuch Damage as may, or fhall be done in their Corn-fields, by any Cattle, Horfes or Swine: Andthe Judgment and Appraisement of fuch Viewers or Appraisers, fhall be obferved, and duly performed, and anfwered by the Owners of fach Cattle, Horfes and Swine, to the Indian or In dians damnified.

And any Indians having fuch Fields, are hereby allowed to make Pounds within their faid Fields, to impound and fecure Horfes, Cattle and Swine trefpaffing upon them.

And the Indian or Indians impounding any Cattle, Horfes or Swine, fhail given to the forthwith give .Notice, thereaf to the.Select-men of that Town wherein fuch owners of Field is, and to the Select-men of the two next adjacent Towns; unless the Owcreatures im- 'ner is known; in which Cafe, Notice half be giver to the Owner; and if the pounded.

Owner doth not redeem his Creatures fo impounded, by paying the Damage fuftained, within twenty-four Hours after Notice to them given of the fame; or if no Owner appear within three Days after Notice given to the Select-men, as aforefaid; then, in each of thofe Cafes, the Select-men of that Town wherein fuch Field is, fhall make Sale of fuch Creatures, or fo many of them as fhall anfwer the Damages done by fuch Creatures, and pay faid Damage, and the Charges therewith, and return the Overplus, if any, to the Owner.

An Act for the Admiffion of Inhabitants in Towns, and "for preventing Charge on Account of fuch as are not admitted therein.

BE

E it enacted by the Governor, Council and Reprefentatives in General Court affembled, and by the Authority of the jame, That no tranfeat Per

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fon or Inhabitant of any other State, who may come to refide or dwell in any Town in this State, fhall gain a legal Settlement in fuch Town by dwelling No perfon there, unless admitted by a major Vote of the Inhabitants of fuch Town, or by admitted an Confent of the civil Authority in and Select-men of faid Town, or urlefs fuch inhabitant, unless, &c. Perfon fhall be appointed and execute fome public Office, or have been poffeffed in his own Right in Fee of a real Estate of the Value of one hundred Pounds in fuch Town, during his Continuance there; but fuch Perfons, not having gained a Settlement as aforefaid, if the Select-men judge they are likely to become chargeable to faid Town, may be removed to the Place of their laft legal Settlement, notwithstanding any length of Time that they may have been fuffered to continue in fuch Town.

To be of honest con

That no Perfon fhall be received or admitted an Inhabitant in any Town in this State, but fuch as are known to be of an honest Converfation, and fhall be verfation, &c accepted by the major Part of the Town, or by the Authority in and Selectmen of the Town. And no Stranger or tranfient Perfon fhall be allowed to Noftranger 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 bode withou being hired, or of Tenantship, or Inmates, without the Approbation of the Au- liberty, &c. thority in and Select-men of fuch Town.

ing bond.

That if any Perfon or Perfons shall contrary to the Intent of this Act, entertain or hire any Stranger or tranfient Perfon, or let any Hoofe or Land to fuch No Perfon to Stranger or tranfient Perfon, except he or they hall firft give Security to the hire fuch, & without giv Acceptance of the said Authority and Select-men, that fuch Town fhall not be burthened and charged by him or them; which Security fuch Authority and Select-men may take or refufe at their Difcretion, he or they fo entertaining, or hiring, or letting any Houfe or Land to fuch Stranger or tranfient Perfon, fhall forfeit and pay to the Treasurer of fuch Town, the Sum of ten Shillings Penalty. per Week, for every Week he or they fhall harbour, entertain, hire, or let fuch

Eftate to fuch Perfon.

warned out,

to depart, ou

penalty, &c

And if any fuch Stranger, or tranfient Perfon fhall, contrary to the intent Tranfient of this Act, make his or her Abode within any Town in this State, every fuch perfons being Perfon fhall forfeit and pay to fuch Treaturer Ten Shillings per Week, for every Week that he or the fall continue in fuch Town, after Warning given to him or her, by order of the Select-men of faid Town; or upon their Requeft, by Warrant from Authority to depart fuch Town, (which Warning the Selectmen are impowered to order, or give): And the faid Authority, on Request as aforefaid, is impowered to iffue a Warrant to the Conftable, to warn fuch Perfons to depart, as aforefaid.

And when any fuch Stranger or tranfient Perfon, who fhall be convicted of If unable to the Breach of this Act, and hath no Eftate to fatisfy the Fine, fuch Perfon fhall Pay, to he 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 Affiftant or Justice of the Peace, to hear and determine the Breach

of this A&t.

Be it further enacted by the Authority aforefaid, That whofoever fhall enter

tain fach Stranger, or tranfient Perfon or Perfons for the fpace of four Days, When fick. and the faid Perfon fhall, when fo entertained, be reduced by Sickness, or other how fuppor Accident, to neceffitous Circumftances, whereby he, fhe or they shall want Re- ed. lief, the Perfon fo entertaining fuch Stranger, or tranfient Perfon or Perfons fhall fupport and fuftain the Charge thereof; excepting only when the Perfon entertaining as aforefaid, hath within the faid four Days, given fufficient Notice thereof to the Select-men of the Town; in which Cafe, if the Select-men do not ufe proper Methods to fave the Town from Charge, then it fhall be defrayed by fuch Town.

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104

Penalty on perfons fel

Inhabitants.

Be it further exacted by the Authority aforesaid, That if any Perfon or Perfons within any Town in this State, fhall fell or convey any Land to any Perling land, &c. fon or Perfons, who contrary to this Act, would under Colour of fuch Purchase, make his, her or their Abode in fuch Town; he or they felling as aforesaid, fhall for every fuch Offence, forfeit and pay as a Fine, the Sum of ten Pounds: one Moiety to the Town Treasury where fuch Land lies, and the other Half to him who fhall complain of and profecute the fame to effect.

Civil autho. rity to order

vagrants to depárt.

Returning,

And be it further enacted by the Authority aforefaid, That the civil Authority, when and so often as there shall be Occafion in any Town, fhall be and they are hereby impowered to order any vagrant, fufpected or tranfient Perfon or Perfons to be fent back, from Conftabie to Constable, to the Town, Place or Places from whence he, fhe or they came; unless fuch Perfon or Perfons produce good Certificates of their good Behaviour, and Freedom from all Engagements, and that they are at Liberty to remove themselves as they fhall fee meet.

And that faid Authority may in like Manner remove any Stranger or tranfient Perfon or Perfons who fhall neglect or refufe, or be unable to depart fuch Town after Warning given, as before in this Act is provided.

And if any such Perfons fhail return after fuch fending back. as aforesaid, and abide and continue in faid Town from whence fent, after Warning given to be whipt. them to depart, they fhall be whipt on the naked Body, not exceeding ten Stripes; and may again be sent and dealt with as aforesaid, as often as there fhall be Occafion.

Select men to

And the Select-men in the respective Towns in this State, are hereby improfecute &c. powered and directed to prosecute all Breaches of this Act.

Perfons may

remove from

one town to

another, &c.

Provifo.

And be it further enacted, That any Inhabitant of any Town within this State, may, for the better Support of himself or Family, have Liberty to remove with his Family into any other Town in this State, and continue there without being liable to be removed, provided fuch Perfon procure a Certificate in Writing, under the Hands of the civil Authority in and Select-men of the Town from whence he removes, that he is a legal Inhabitant in that Town, and lodge the fame with the Clerk of the Town to which he removes. And in Cafe fuch Perfon or any of his Family, ftand in Need of Relief from said Town, When charge he or they fhall be fupported at the Coft of the Town where fuch Perfon was fettled and obtained a Certificate as aforefaid; and may be returned back to fuch Town, provided fuch Perfon hath not been admitted an Inhabitant, or gained a Settlement, as before in this Act is provided, in any other Town, after fuch Certificate was given.

able, how

supported.

Provifo.

Provided nevertheless, That Perfons coming to refide in any Town as afore. faid, they and their Estates shall be as liable to be taken under the Care of the Select-men of the Town where they dwell, for Mismanagement, Idleness or bad Husbandry, agreeable to the Law in that Cafe provided, as if they had a legal Settlement in fuch Town; and nothing in this Act fhall be construed to hinder fuch Towns from ridding themselves of any Vagrant, or Perfons whom fuch Town, or the Authority therein, or the Select-men thereof shall judge to be of diforderly, ungoverned or vicious converfation.

And be it further enacted, That any Inhabitant of any Town in this State, No perfon who shall go to refide in any other Town in this State, without having a Certiwithout cer- ficate as aforefaid, may be removed and fent back to the Town to which he or tificate, may the belongs, in like Manner as is before provided in this Act for the removal of any Stranger, or tranfient Perfon: Provided fuch Perfon fhall not have continued in fuch Town one Year before Warning given to depart, or one Year after fuch Warning, without being profecuted as aforesaid.

abide, &c.

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An Act for the equal Divifion and Distribution of Insolvent
Eftates.

E it enacted by the Governor, Council and Representatives, in General Court Infolvent e

Perfon deceased shall be infolvent, or infufficient to pay all the juft Debts which equally divi. the deceased owed, the fame fhall be fold, and the avails thereof be divided and ded, &c. diftributed to and among all the Creditors, in Proportion to the Sums to them refpectively owing, fo far as the Eftate will extend, faving that the Debts due excest. to this State, and for Sickness, and necessary funeral Charges of the deceased are to be first paid.

Commiffion

And the Executor or Administrator appointed to adminifter on any fuch infolvent Estate, before Payment be made to any Perfon, (except as before excepted) fhall reprefent the Condition and Circumftances thereof unto the Executor or Judge of the Probate of Wills and granting of Adminiftrations, who fhall no- adminiftrat. minate and appoint two or more fit and indifferent Perfons, to make a true and or's duty, &c. equal Appraitement of fuch Eftate, and administer the Oath by Law prescribed to them for that Purpofe, and shall also nominate and appoint two or more fit Perfons to be Commithioners, with full Power to receive and examine all the Claims of the feveral Creditors, and how they are made out and evidenced; which Commiffioners fhall 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 fetting up or posting Notifications thereof in fome public Places in the Town where fach deceased Perfon last dwelt; and alfo 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 faid Judge of Probate fhall allow fix, ten or eighteen Monchs (as the Circumftances 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 aforefaid, fuch Commiffioners fhall make their Report, and prefent a Lift of all Claims to fuch Judge, who shall order them a meet Recompence out of the Eftate for their Care and Labour in that Affair. And if on the Report of the Commiffioners, fuch Estate shall appear to be infolvent, the Judge of Probate to whom fuch Report is made, fhall order and fet out to the Widow of the deceased, (if any be) fuch necessary houthold Goods as are mentioned in the Law, entitled, " An Act for directing and regulating the levying and ferving Executions," to be exempted from Execution; which of commiffio, Goods fo fet out, thall be her own Property. And the Judge fhall alfo order ners the eftate the Widow's Dower to be fet out according to Law: And the Refidue and proves infolRemainder of faid Eftate, both real and perfonal, (including that fet out for the vent, how to Widow's Dower, and under the Incumbrance of her holding it for Life) the proceed. Judge of Probate fhall order and direct the Executor or Adminiftrator, or Executors or Adminiftrators appointed to administer on fuch Estate, to fell in fuch Way and Manner as to the Judge fhall appear fafest and most for the Benefit of the Creditors. And fuch Executors and Adminiftrators, being fo ordered and directed, fhall 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 Purchafers, which shall be good Evidence in Law for their holding the fame accordingly. And fuch Sales being made, the faid Executors and Adminiftrators fhall render Account to the Judge of Probate of the Amount thereof, and the Monies arifing thereby. And the Judge fhall thereon order full Payment to be made of the Debts due to this State, and for Sickness, neceffary funeral Expences, and incident Charges of fetthing and felling the Eftate: And the Refidue to be paid to the several

If on report

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