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Creditors who have made out and evidenced their Claims according to the Directions of this Act, as aforesaid, in Proportion to the Sums to them respectively owing.
Provided always, That notwithstanding the Report of any such Commiff
oners, or allowances thereof made by the Court of Probate, it shall and may be Provira. lawful to, and for the Executors or Administrators aforesaid, to conteft the Proof
of any Debt at the common Law.
And no Process in Law (except for Debis due to this State, and for SickNo fuit al
ness, and funeral Charges) inall be admitted or allowed againīt the Executors Tuwed, &c. or Administrators of any intoivent Eftate, so long as the same hall be depeed
ing as aforesaid.
And in case Judgment Thall be rendered against any Executors or Adminis. Execution to
trators of any insolvent Eltate, Éxecution thereon shall be stayed until such Ef. bestayed, &c tate can be lettled according to this A& : And the judgment Creditor shall
take no more than his Proportion of the said insolvené Eitate with the other
aforesaid. Creditors not And whatsoever Creditor shall not make out his or her Claims with such bly; in Commissioners, before the full Expiration of the Time set and limited for that theis ims; Purpose, as aforesaid, such Creditor shall forever after be debarred of his or her.
Debt; unless he or she can Mew or find some other or further Eftate of the Unluis, &c.
deceased, not before discovered and put into the Inventory.
An Act for conttituting Judges and Justices of the Peace in
this State, and for impowering and directing them in their respective Offices.
E it enacted by the Governor, Council and Representatives, in General Court ľudges of
af i mbled, and by the Authority of the same, That the Judges of the Suourts to be perior Court, and the Judges of the County Courts, and Courts of Probate appointed, wirich now are or hereafter thall be erected and constituted in this State, being comunition. firit appointed by the General Assembly of this state, shall be respectively "u and iworn sworn to a faithful Discharge of their Office ; and shall also be commissioned and
authorized to the Execution of their respective Offices, by a Commission figned by the Governor of this state for the Time being, and sealed with the State Seal.
And that the Justices of the Peace in each County in this State, being firf Justices in appointed by the General Afsembly, shall also be commissioned in the Manner like manner. aforesaid, to the Execution of such Office; and shall be sworn to a faithful Dis
charge of the same.
And that the said Judges and Justices of Peace, appointed, commissioned,
and sworn, as aforesaid, shall be, and they are fully authorised and impowered and duty. to exercise and execute the Office, Duty, and Truft to which they are or thail
be appointed, commiffioned and sworn, as aforesaid, to every Purpose and Intent, according to the Nature, End and Defign of their respective Offices, ac cording to the Laws of this State, for the common Good and Peace of the State, and the doing equal and speedy Justice to the People therein : And all such
Commissions Thall remain in Force till called in, or superseded by A& of the Gov. lieut. General Assembly, gov. and are
And be it further enacted by the Authority aforesaid, that the Governor, ents to ex. Lieutenant-Governor, and every Aflifant in this State for the Time being, fice of a jult may, and hereby are fully authorized and impowered to exercise and execuce ire, &c.
the Office of a Justice of the Peace, in and throughout this State.
And that every Justice of the Peace shall have Authority to iflue Process, to be served in any part of this State, to apprehend and bring before him, any A justice to Person againft whom Complaint is made for any criminal Offence, for which issue process, he ought to be brought before such Justice for Trial or Examination ; and may in like Manner grant Summons or Capias for Witnesses in such Cafes.
And any Sheriff, Sheriff's Deputy, or Constable, to whom such Process, Summon, or Capias shall be directed by Name and Ofice, shall and may execute the same at any place within this State, where the perfun or Persons a. Sheriffs and gainst whom the lame issued, are not to be found within the official Precinct conftables of such Officer. And the Authority granting such Process, Summon or Capias, power extenif it be judged necessary, may direct the same co some suitable indifferent ded, &c. Perfon, who shall have the fame Power to execute the same, and command Afiftance, as Sheriffs and Constables by Law have to execute Warrants to them directed.
That when-ever the Judge of any County Court shall be absent out of this State, or be by Sickness, or otherwise unable to attend the Duty of said Office, Judge of C. the senior Jultice of the Quorum in such County, who shall be present, and a court being ble to attedd the Business, shall be invested with all the Powers and Authorities absent, &c. of Judge of said Court, to all intents and Purpoles.
And for preventing all Occasions of partial and undue Proceedings in Courts, and avoiding Jealoufies that may arise concerning Judges and Juftices :
It is further enacted by the Authority aforesaid, That in every Case of a Civil Nature, becween Party and Party, where there shall be so near a Relation be- In what case tween any Judge or justice, and any of the Parties, as between Father and Son, a judge or jueither by Nature or Marriage, Brother and Brother in like Kind ; Uncle and tice may not Newphew ; Landlord and l'enant ; such Judge or Juftice hall have no Pow- judge. er to vote, or give Sentence therein,
And be it further enacted by the Authority aforesaid, That any one Assistant of Justice of the Peace Thall have full Power, and they are hereby authorized and impowered to take and accept a confession and Acknowledgement of any one affiftant Debt, from a Debtor to his Creditor ; either upon, or without an antecedent
or justice may Process, as the Parties shall agreę; which Confession shall be made only by the take a Person of the Debtor himself: And on such Confession fo made, the Alliftant or fellion, &c. Jukice shall make a Record thereof, and thereon grant out Execution in due Form of Law. And if such Executions shall be levied on the Lands of any fach Perfon confefsing, as aforesaid, according to the Laws directing the levying and grant out Executions on Lands, the same shall be recorded in the Records of the Town execution, &c wherein the Land is situate, and being so done and recorded, shall be a good Evidence of a Title to such Creditor or Creditors for whom it shall be taken as aforesaid, their Heirs and Alligns. Provided, No Confession shall be made or taken in the Manner aforesaid, for more than the Value of I wenty Pounds, Proviso. Debt, and the Coft of taking such Confeflion, or which may have arisen on * an antecedent Suit for such Debt, the fame being agreed to by Debtor and Creditor.
[This Paragraph next above recited, was made and passed in the General Alsembly held on the second Thursday in May, Anno Domini, One thousand seven bundred and forty-two; with this Difference --- That in the Place of the Words, " recorded in tbe Records of the Town wherein the Land is fituate," was inserted these Words, “ returned it, and recorded in the Office of ike Clerk of ibe County Court, in the same County where jusla Land lietb.]
An Act for providing and regulating of Jurors in Civil
E it enacted by the Governor, Council and Representatives, in General Court Jury-men
afjembled, and by the Authority of the same, That the Civil Authority, how & when
Select-men, Constabies and Grand-jury-men in the several Towns hereafter in shofen. this Act named, Ihall sometime in the Month of January, annually, meet to
gether ; and when !o mer, shall choose to serve as Jury-men at the several Su
perior and County Courts, in that County to which such Towns respectively Qualification belong, such a Number of their able, judicious Freeholders as is hereafter in of jurors.
this Ad prescribed : Each of which Freeholders fhall have a Freehold Efate, rated in the general List at Fifty Shillings or more.
And that in each of the said Towns hereafter named, there shall be a Box
provided at the Cost of the Town, with a Lock to it, and lodged in the Towa, Box to be provided.
Clerk's Hands; and when the Jury-men are chosen, as aforesaid, the TownClerk shall write each Man's Name fo nominated, on a piece of paper by its self; and put the several Names so written, in the said Box, and keep the fame locked in his Hands, that the said Names may be drawn as hereafter provided.
Be it further enaĉted by the Authority aforesaid, That some convenient Time
before the fitting of the aforesaid Courts, the Cierk of the Superior, and of the Clerks to if- respective County Courts in this State, shall iffue out Warrants, directed to fue warrants either of the Constables of the several Towns hereafter named; or to some of to summon them in the County in which the Court is to be held, to summon and warn fa jury.
many able, judicious and lawful Freeholders of their Town as the Warrant directs, to attend and serve as Jurors at such Court.
And the Jurors for the Superior Court, shall be fummoned to attend at two Jury when of the Clock, on the first Day of the Sessions of such Court. atcend.
And the Jurors for the County Courts, shall be summoned to attend at eight of the Clock, on the third Day of the Sessions of said Courts.
And when any Constable ihall receive any such Warrant, to summon any
certain Number of Jury-men to attend and lerve as such, at any of the said Conftables Courts, he shall repair to the Town-Clerk, and in his Presence, (or in his Abduty in draft. sence, in the Presence of one of the Select-men of fuch Town) draw out of the ing jury, &c. Box aforesaid, the Number his Warrant directs him to lummon, without seeing
those whofe Names he draws before he draws them; and having so done, thall then proceed to summon those Men for Jury-men whose Names he has sa
drawn. Sick or ab. But if any or all of the Men whose Names are thus drawn, be at the Time fent.
either from Home or fick, or otherwise unavoidably hindred from attending such Court, his or their Name or Names shall be returned into laid Box, and
others in his or their Room, drawn and summoned in Manner aforesaid. Jury warrant
And the Contable shall make timely Return of his Warrant, unto the Clerk to be timely returned. that granted the same, with an ladorsement thereon, certifying whom he has
fummoned for the Purpose aforesaid ; on Pain that every Constable failing of his Duty therein, hall forfeit and pay to the County Treasurer, for the Ule of the County, a Fine not exceeding thirty Sbillings, ac the Discretion of the Judges of the Court ; unless such Conttable Thail seasonably make his Excuse
to the Acceptance of said Court. Penalty on Be it further enacted by the Authority aforesaid, That if any Jury-man chojurors for not fen, drawn and fummoned as aforesaid, shall make Default of Appearance aca appearing
cording to the Directions of such Warrant, he Mall forfeit and pay to the Treafurer of the County wherein he dwells, the Sum of ten Shillings; unlets the Court on hearing his Excuses made on his Behalf, shall judge them suficient.
And the several Towns hereafter named, Mall choose the Number of Jury- Towns to men to the Name of each Town annexed :
And each of the other Towns in this State shall choose Six Jury-men.
any of the said Towns shall negle&t or refuse to provide fuch Box, or Penalty on the Oficers aforesaid shall neglect to choose such Jory-men as herein provided, cach town for such Town shall forfeit and pay to the Treasurer of the County to which it be- neglecting to longs, the Sum of Fifty Shillings ; to be recovered on Information made by the State Attorney of that County, to the County Court; in which Trial no Appeal fall be allowed.
And be it further ena&ted by the Authority aforesaid That if it hall so hap- Court to ota pen that a fufficient Number of Jurors summoned, as aforesaid, do not appear, der the jury or if by reason of Challenges, or for other Caufe, there shall not be a fufficient filled up, Nomber of lawful Men to make up the Pannel or Pannels ordered by the Court when the
number is to attend the same, the Court shall order the Jury or Juries to be made, or fill insufficient. ed up, de talibus Circumftantibus ; or for want of such, of any good and lawful Freeholders in the County ; whose Names shall be returned by the Sheriff: And where the Sheriff is concerned, or related to either of the Parties in the Cafe, by the Constable, or such Officer as the Court Mall appoint: Which jufors being so returned, shall attend the Service, on the Penalty above ordered, to be inflicted on thofe who make default of Appearance.
Add be it furtber enacted, That every Constable that shall fummon such
Fees for sum- Jurors as aforesaid, shall be allowed there for (save only for return of such Summoning jury. mons) the same Fees for Travel and Serving, as are by Law allowed in Pro
cesses in Civil Causes ; to be paid out of the County Treasury of the respective
Counties, where such Jurers are to attend the County Courts; and out of where paid. the State Treasury when fuch Jarors are summoned to attend the Superior
in other States, and to escape from Justice fee into this
E it enaded by the Governor, Council and Representatiurs, in General Court
afsembled, and by the Authority of the fame, That if any Person or Persons Persons con- that have been convicted of any Crime in any other State, for which Facts corvicted of poral punishment might be indicted committed in this State, and (before crimes in
he or they have received condign Punishment) shall escape, and fee into other states, not suffered this State ; or having committed any such Crime, and being pursued by order to abide in of Authority, to bring him or them to Justice ; such Offenders may be ap. this state. prehended, by order of the Authority : And if on Examination before lawlol
Authority, and enquiry into the Matter, it shall appear that such Perfon how proceed- or Persons have been convicted, and have escaped; or are flying from ed with. Prosecution as aforesaid ; he or they may be remanded back, and deliver
ed to the Authority, or Oficers of the State from whence such E cape is made; in order that due and condign Punishment may be inflicted on such of fenders.
And in case no suck Pursuit is made, any Allifant or Justice of the Peace, or the Select-men of the Town where fuch Person resides, may warn him to de
part out of this State : And in case such Person shall continue in this State one Penalty. Month after such Warning, he shall pay a fine of Five Pounds for the Ule of
this State ; and Five Pounds per Month, for every Month that fuch Person
Arall continue in this State after the first Conviction. Provided, that all ProProviso.
fecutions on this Act, shall be within three Years next after such Perfon efca. ping, as aforesaid, came into this State.
An Act (or Acts) about the tenure of Lands. ICC *T is ordered and enafted, by the Governor, Council and Representatives, in
General Court allembled, and by the Authority of the fame, That whatsoever
Lands have been, or fhall be granted by the General Affembly of this Colony, The tenure
to the respective Townships, or to any particular Person or Persons by the faid of our lands. Assembly, or by particular Towns, shall be held to them, their Heirs, Suc.
ceffors and Afligns forever, according to the most free Tenure of Laf-Greenwich, in the Coanty of Kent, in the Realm of England, according to our Charter Grant.
[This A& was passed in the General Affembly, O&tober the renth, One thonsand fix hundred and seventy-two.}
And be it further inafted by the Authority afortjaid, That all Grants of Land
made to any particular Person or Persons, not yet taken up and laid out, shall Lands taken be taken up in one entire Piece, in a suitable Form, except by special Liberty up to be in
from this Court : And that all former Grants that are, or shall be laid out by suitable Order, shall be sufficiently bourded, and so maintained, to prevent all future forms.
[Tbis 18 was paffed at the Seffionis of the General Assembly, May the eigbt, One thousand fix hundred and seventy three.]