point attor.

impowered to approve of, nominate and appoint Attornies in their respective The county Counties, as there fhall be Occafion, to plead at the Bar: Which Attornies courts to ap hall, before fuch Court, take the Oath by Law provided for Attornies: The nies in their Administration and taking of which Oath, together with the faid Appointment, respective fhall be registered by the Clerk of the faid Court, and be a fufficient Evidence of counties. his Admiffion as an Attorney at the Bar.

And that no Perfon (except in his own Cafe) shall be admitted to make any Noperfons to Plea at the Bar in any Court, but fuch as are allowed and qualified Attornies, plead at the as a forefaid.

bar, except

And whofoever shall tranfgrefs the Rules of Pleading, appointed by any Court, fhall be liable to fuffer fuch Fine for every fuch Offence, as the faid TranfgreffCourt fhall impofe; not exceeding the Sum of Five Shillings.

ors of the rules fined.

When two

And that in all Actions wherein the Title of Land is not concerned, and the Demand is not above Ten Pounds, there fhall be allowed but one Attorney on a Side, to plead at the Bar: But in all other Cafes there fhall be allowed to each attornies are Party two Attornies to plead at the Bar; and no more.

And the Fees of fuch Attornies, shall be as ftated in the Table of Fees: And the Party that shall recover Judgment, fhall have his Attorney's Fees according to the above Regulation, allowed as part of Colt of Trial.

to be allowed.

Their fees as in the table of tees.

ney appoint

And it is further enacted by the Authority aforefaid, That in each County in this State, there fhall be one State Attorney, who fhall profecute, manage and State attorplead in the County where fuch Attorney is appointed, in all Matters proper ed in each for, and in behalf of the State. Which Attornies fhall alfo be appointed by the countyreipective County Courts.

And that the feveral Attornies, who fhall be allowed and appointed as afore- The courts faid, fhall from Time to Time, be under the Directions of the Courts before power to whom they plead; who upon juft Reason, fhall and may difplace and wholly difplace attornies, &c. fufpend any of laid Attornies, or fine them, as is before in this Act pro

vided:

An Act relating to Auditors and Actions of Account.

Actio
Actions of

E it enacted by the Governor, Council and Representatives, in General Court in any Action of Account, depending in any Superior or County Court in how prothis State, fhall plead in his Defence any Plea (which being true he ought not ceeded with, to account), it fhall be tried by a Jury, if either Party defire it: And in cafe the Iflue be found against the Defendant by the Jury or otherwife, the Court fhall enter Judgment against him that he fall account: And thereupon fhall appoint three able, judicious and difinterested Men, Auditors in fuch Cafe; who fhall be sworn to hear, examine and adjust the Account or Accounts: And the Auditors appointed as aforefaid, are hereby authorized and impowered to appoint Time and Place for the hearing and adjutting the Accounts aforefaid.

tiff to recov

And upon the Defendant's refusal (due Notice being given him of the Time and Place appointed) to attend upon them and produce his Accounts, the Au- Defendant's ditors fhall award to the Plaintiff the whole of his Demand; and upon the refufal to apParties producing to them their Accounts the Auditors fhall have Power to ad- pear, plain. { minifter an Oath unto them to answer to fuch Interrogatories as they fhall think er his whole proper, respecting their Accounts: And upon either of the Parties refufal to demand. take fuch Oath, or to answer directly to fuch Interrogatories, it fhall be in the Power of the Auditors to commit the Party fo refufing to Goal; there to remain at his own Charge, until he will account or anfwer as aforefaid.

***** ॰、,,

12

On return

of auditors, final Judg

ment to be gi

ven.

Like remedy in actions on book, if above 51.

Auditing the public Accounts.

And when the Auditors have adjusted the Accounts, or awarded as aforefaid, and returned the fame to the Court, (either at the fame Seffion or next) that final Judgment fhall be made up for the recovery of the Sum awarded and the Cofts, together with fuch reasonable Cofts for the Service of the Auditors, as the Court hail award; which shall be by the Party in whofe favour the Cause is determined, then paid down to the Auditors; and fhall be allowed him in his Bill of Cofts.

And be it further enacted, That in all Actions brought on Book Accounts, if the Account be alledged to be above five Pounds, the like Method may be taken in appointing Auditors for the adjustment of the Accounts between the Parties; and whofoever shall be awarded by them to be in Arrears, the Court fhall enter up Judgment for the fame, with additional Cofts as aforefaid.

And be it further enacted by the Authority aforesaid, That executors who Actions of ac- are alfo refiduary Legatees, when all or any part of their Legacies are withcount between holden from them by their Co-executors may bring their Action of Account executors, &c. against their Co-executors for the recovery thereof: And the like Action is also hereby allowed to refiduary Legatees againft Executors.

Allo,

Between joint-tenants

&c.

No appeal.

Auditors to be annually appointed in

That when two or more Perfons have and hold any Eftate or Intereft, in common, as Joint-Tenants, Tenants in Common, or Co-parceners, and one or more of the Owners of fuch Common Interest, fliall take, receive, use, or take Benefit of, fuch Common Intereft in greater Proportion than his or their Interest in the principal Eftate, fuch Owner or Owners, his or their Executors and Adminiftrators, fhall be liable to render his or their reasonable Account, for fuch his or their taking, use and profit of fuch Common Intereft and Estate, to his or their Fellow-Commoner or Commoners, jointly or feverally ; and that fuch their Fellow-Commoner or Commoners, or any or either of them, their Executors or Adminiftrators, may and are hereby enabled to have his or their Action of Account against fuch Receiver or Receivers, or either of them, as their Bailiffs for receiving more than their Part or Proportion as aforefaid.

And no Appeal shall be allowed from any Judgment given on an Award of Auditors.

An Act for regulating and auditing the public Accounts. FOR preventing Inconveniences in the publick Accounts, and that no Arrears in the State's Accounts be ftanding out after the Year be expired.

E it enacted by the Governor, Council and Representatives in General Court affembled, and by the Authority of the fame, That meet Perfons fhall by this Court be appointed annually in May, to make up and audit the October, &c. State's Accounts with the Treasurer; which Accounts shall be audited and perfected before the fitting of the General Court in October yearly. And all fuch Perfons as fhall be appointed to audit faid Accounts, fhall before their entering upon that Service, take the Oath provided by Law for fuch Auditors.

Treasurer's duty.

And the Treasurer is hereby obliged to make himself Debtor for the several Sums due from every of the Towns in this State, and alfo for all Fines belonging to the State Treafury; and fo for the whole Rate or Sum Total arifing, by bringing the feveral particular Sums into one intire Sum; and to bring in Credit (according to Law) until he shall confummate and perfect the State's Accounts as aforesaid.

Penalty on

And this the faid Treasurer fhall do annually, on the Penalty of twenty Pounds, to be forfeited to this State, for every Month after the Month of September annually, that he shall neglect to make up and perfect the faid Ac- the treafurcounts, and pay according to the order of this Court, fuch Sum or Sums as remain due.

er.

And the Treasurer of each respective County in this State, fhall annually make himself Debtor for all Fines and other Monies belonging to the County whereof he is Treasurer, and aifo make a fair Account of his Payments, how he County treahath difpofed of them. And the Accounts of each County Treasurer fhall be furer's duty. annually audited and perfected by the Judge and Juftices of the County Courts respectively, and their refpective Treafurers.

And be it further enacted by the Authority aforesaid, That the Secretary of this State, and the Clerk of the Superior Court, fhall annually render an Account to the Treasurer of this State, of all the Fines and Forfeitures due to the public Treasury, appearing by the Records in their respective Secretary to Offices, that the fame may be collected and paid into the Treafury, for fettle his acthe ufe of the State; and thall in like Manner render an Account to the counts annuTreasurer, of all Fees by them refpectively received for the ufe of the ally with the State, and pay into the Treafury what shall be due thereon: And they fhall likewite feafonably tranfmit a Copy of their faid Accounts annually, to the Auditors appointed to audit the Treasurer's Accounts: And the Secretary fha alfo tranfmit to faid Auditors an Account of all the Treaft rer's Receipts for Money paid into the Treafury, that shall be lodged with him.

An Act concerning Bail, in civil and criminal Cafes.

BE it

treasurer.

E it enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That it fhall be the Duty Bail how & of every Sheriff, Deputy-Sheriff and Conftable in this Scate, to take fufficient when taken Bail when offered by any Perfon by them arrefted or held in Cuftody on mean Procefs, in any Civil Action, which Bail fhall be one or more fubftantial Inhabitants of this State, of fufficient Ability to refpond the Judgment that may be recovered in the Cafe, who fhall become bound to the said Officer in a fufficient Sum, conditioned for the Appearance of the Perfon fo arrested, before the Court to which fuch Writ is made returnable; and the Person arrested shall be thereupen liberated from such Arrest.

That no Defendant whose Person has been attached and let to Bail as aforefaid, fhall be admitted to appear and plead or defend in fuch Action, until he hath in Court, given special Bail, with fufficient Sureties as aforefaid, for his abiding the final Judgment that fhall be given in the Caufe; if the Plaintiff require the fame.

Not to plead without fpecial bail.

When the

ble, &c.

That in either of the Cafes aforefaid, every fuch Surety or Sureties fhall be obliged to fatisfy the Judgment in cafe of the Principal's Avoidance, and a return of Non eft Inventus on the Execution; unless fuch Surety, at or before furety is liathe Time of entering up final Judgment, do bring the Principal into Court, and move to be discharged; upon which the Court fhall order the Keeper of the Goal to receive him into Cuftody, that his Body may be taken on the Execution.

And the Party for whom the Judgment is given, may have a Writ of Scire Facias out of the Court, against fuch Surety or Sureties; and in cafe no juft Scire facias Caufe is fhewn to the contrary, the Judgment rendered against fuch Principal against the shall be affirmed against such Surety or Sureties, with additional Coft of Suit, furety. and Execution be granted accordingly.

14

Provifo.

Surety's ac

Ballaft. Barberry-Bushes. Barrators.

Always provided, That fach Writ of Scire Facias or other Process on the Bond, be taken out and ferved upon the Surety or Sureties, within twelve Months after the faid final Judgment, and not afterward.

And every Surety of whom fuch Recovery is made, may bring his Action for

tions against the recovery of Damages against the principal Debtor.

the debtor.

Officer liable for infufficient bail, &c.

Scire Facias

Ballaft not to be taken, &c. without permiffion.

Penalty for cafting out ballaft, &c.

And no Recovery thall be had against the Officer who ferved the Attachment or took the Bail, unless he fhall have taken infufficient Bail, or thall refuse to let the Plaintiff have the Bail Bond, that he may have Remedy thereon agreeable to this Aft.

And in cafe of Bond given for the profecution of any Action or Appeal, the Surety or Sureties fhall be liable to fatisfy the Coft that fhall be recovered again the Principal, if Satisfaction cannot be had out of the Eftate of the Principal; which may be recovered on Scire Facias, as aforefaid, or Action on theBond. And no Security given to profecute an Appeal, shall exonerate the fpe

cial Bail in the Cafe.

B

An Act concerning Ballaft.

E it enacted by the Governor, Council and Representatives, in General Court aJembled, and by the Authority of the fame, That no Ballaft fhall be taken from any common Shore in any Town within this State, by any Perton whatfoever (except the fame be his own Property) without Permition under the Hands of two of the Select-men of fuch Town, upon Penalty of forfeiting twenty Shillings for every Ton fo taken.

And that no Perfon belonging to any Ship or other Veffel, fhall caft out any Ballatt into any Channel or other Place, that will obtruct or incommode the Navigation in any River or Harbour within this State, upon Penalty of forfeiting five Pounds. Any two Affiftants or Juftices of the Peace fhall have Power to hear and determine all Breaches of this A&t, The Fines aforefaid shall belong to the Treasury of the Town where the Offence is committed.

An Act for destroying Barberry-Bushes.

Barberry- Bienaled thy the
BE

buthes how and when to

the any or

E it enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That any Perfon or Perfons whatsoever, with advice and Confent of the Civil Authority and Select-men of be deftroyed the Town where any Barberry-Bushes are or may be growing, may in the Months of March, April, October and November, enter into and upon any Lands whereon fhall be growing any Barberry-Bushes, and dig up and deftroy fuch Bufhes, without being liable to any Action, Suit or Damage therefor; any Law, Ufage or Custom to the contrary notwithstanding.

Penalty for Barratry 51.

An Act against Barratry and common Barrators.

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

affembled, and by the Authority of the jame, That if any Perfon fhall be proved and adjudged a common Barrator, vexing others with unjust, frequent and needlefs Suits, he fhall pay a Fine of five Pounds into the public Treasury of this State, by order of the Court before whom he shall be convicted; and be fore the fame Court he shall become bound, with one Surety, for his good Behaviour (for one Year at jeaft); or on Refufal, be committed to remain in Pris fon faid Time, or 'till he procure Surety, as aforefaid,

Baftardy. Boats. Bricks.

And the Court before whom fuch vexatious Suit fhall be brought, may, and is hereby impowered to reject such Suit, giving Coft to the adverfe Party.

An Act concerning Bastards and Baftardy.

15

accufed by a

BE it enacted by the Governor, Council and Representatives in General Court affembled, and by the Authority of the fame. That he who is accufed by any Woman, to be the Father of a baftard Child, begotten of her Body, the. He who is continuing conftant in fuch Accufation (being examined upon Oath, and put woman to he to the Discovery of the Truth in the Time of her Trava) fhall be adjudged the father of the reputed Father of fuch Child, notwithstanding his Denial thereof, and her baftard fhall ftand charged with the Maintenance thereof, with the affistance of the child (being Mother, as the County Court in that County in which fuch Child is born fhall under oath) Order; and give Security to perform fuch Order, and alfo to fave the Town he to be charor Place where fuch Child is born free from Charge for its Maintenance: And ged with the the faid Court may commit to Prifon fuch reputed Father, until he find Sureties maintain. for the fame: Unlefs the Proofs, Evidences and Pleas made and produced on ance; the Part and Behalf of the Man accufed as aforefaid, and other Circumflances

examined

be fuch as the Court who have Cognizance of the fame fhall fee Reaton to judge Unless, &c. him innocent, and acquit him thereof; in which Cafe they fhall and may otherwife difpofe of fuch Child.

bind to

And every Affiftant or Juftice of the Peace, (upon his difcretion) may bind Affifiant or to the County Court, him that is charged with begetting fuch baftard Child: juftice may And if the Woman be not then delivered, the faid County Court may order the Continuance or renewal of his Bond, that he may be forth coming when fuch Child is born.

court.

And be it further enacted by the Authority aforefaid, That the Select Men of any Town interested in the Support of fuch baflard Child, (where fufficient Security hall not be offered, to fave faid Town from all Charge and Expence Select men for the Support of fuch Child or Children,) and the Woman omits to bring for- to profecute ward her Suit to recover Maintenance, may bring forward a Suit in behalf of in cafe, &c. fuch Town against him who fhall be accufed of begetting fuch Child; and may alfo take up and purfue any Suit begun by the Mother of fuch Child, for Maintenance thereof, in Cafe fhe thall fail to profecute the faine to final Judgment.

An Act to prevent the taking and ufing Boats and Canoes, without Leave of the Owner.

BE

É it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame, That whoever fhall take and

taking and ufing boats,

ufe any kind of Boat, or Canoe belonging to any other Perfon, other than fuch as shall be taken up going a-drift, and loofe from any Shore, or found when dri- Penalty for ven away and loft, without Liberty from the Owner or Owners thereof, fhall for every fuch Offence, forfeit and pay to the Owner or Owners thereof, the the Sum of fix fillings, over and above the Damages fuch Owner or Owners fhall fuftain by his or their Boat or Canoe being taken and used as aforefaid, to be recovered by an Action of Debt.

B

An Act for regulating the Affize of Bricks.

E it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Anthority of the fame, That the Length of all Bricks,

E