And be it further Enacted and Provided, That the Colonels of any of the Colonels to refpective Regiments of Infantry heretofore, and by this A&t eftablished, now continue, &c. holding and in the Exercife of their Office and Commiffion, fhall continue to hold and exercife the fame, and be confidered as the commanding Officers, of their respective Regiments, any Thing in this Act to the contrary notwithftanding.

Provifo.

Provided alfa, That nothing in this A&t fhall be conftrued to effect or alter the State of the Companies, called the Governor's Guards, or any matrofs Companies, formed agreeable to the Provifions of Law.

Non-commifə Be it further Enacted, That if any non-commiffioned Office, shall refuse or fioned officers neglect to do his Duty, or fhall endeavour to excite a Mutiny, or shall use reguilty of neglect, mutiny, proachful Language to any fuperior Officer when in the Execution of his Office, or reproachful it shall be in the Power of the field Officers of the Regiment to which fuch nonlanguage, how commiffioned Officer belongs, on Complaint being made and Fact being proved, to reduce faid non-commiffioned Officer to the Ranks, and do Duty as a private Sentinel in the Company to which he belongs.

to be dealt

with.

Those who

have procured a recruit, &c. exempt from actual fervice, but

not from re- 1. views, &c.

Be it further Enacted, That all Perfons who have procured a Recruit to inlift into the Army of the United States, for three Years or during the War, agreeable to the Refolution of this Affembly heretofore made, shall be exempted from any Drafts or Detachments into actual Service, agreeable to the Tenor of fuch Refolutions, but liable to do Duty on Days of Reviewing and Muftering; any Law, Ufage or Custom to the contrary notwithstanding.

And be it further enacted by the Authority afortjaid. That when and so often as the Civil Authority and Select-men in any Town in this State, or the major Part of them, fhall judge it neceflary or highly convenient for the fafety of fuch Town, to have Watches and Wards therein, they are hereby authorized and impowered by Warrant, to command the Conftable or fome other meet Perfon Watches and by them appointed, to warn fuch a Number of Men to appear at fuch Time wards. and Place in faid. Town, as they shall think neceffary. And all and every such Perfon or Perfons that shall be notified to watch or ward as aforesaid, shall appear at the Time and Place appointed, with a good Firelock and Cartouch-box well flung, with at leaft fix Rounds fit for his Gun, and shall observe such Directions as fhall be given by order of said Authority and Select-men; who are hereby impowered to give fuch Orders and the Directions relating fuch Watching and Warding, and the Continuance thereof, as they shall judge needful..

Penalty for neglect of duty.

Difcipline recommended

And if any Perfon or Perfons, being warned as aforefaid, or in any other Manner which the Authority and Select-men fhall agree and conclude upon, fhail neglect and refuse to attend at Time and Place appointed, armed and furnished as aforefaid, or to obferve the Orders to them given by the Conftable, or any other Perfon appointed as aforefaid, fhall for every fuch Neglect or Of fence pay a Fine of Six Shillings lawful Money; which by Warrant from any. one Affiftant or Juftice of the Peace, fhall be levied by the Conftable, from fuch Delinquents, his Perfon, his Parent; Mafter or Guardian, and difpofed of for the Ufe of fuch Perfons as attend upon and perform faid Service, under the Di rection of faid Authority and Select-men.

Whereas it is neceffary that uniformity of Difcipline fhould be praŭised by all Troops that may be called to a in Conjun&ion:

Be it further enacted, That the Regulations for the Order and Discipline of the Troops of the United States, as ordered by Congress, in their Refolution of the 29th of March, 1779, be, and they are hereby approved and by congrefs a adopted as the Regalations for the Order and Difcipline of the Militia of this dopted, &c. State, fo far forth as their Situation and Circumstances will admit ; and in particular that the Manual Exercife, Manoeuvres and Mode of Formation

Mills. Minifters.

therein described, be practifed; and when the Militia are called out into actual Service, that they conform themselves in all Refpects to the Regulations aforefaid. And all General and other Officers are hereby enjoined to caufe the fame to be executed with all poffible Exactness, and conform themselves thereto accor-i dingly.

An Act concerning Mills and Millers.

157

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

affembled, and by the Authority of the fume, That each Miller in this State, lowance for or the Owners of Grift-Mills, shall be allowed three Quarts out of each Bushel grinding. of Indian Corn he grinds, and of other Grain two Quarts out of each Bufhel he grinds; except Malt, out of each Bushel of which he grinds, he shall be allowed one Quart, and no more. And he shall be allowed at the Rate of one Pint for Bolting, out of each Bufhel of Meal he bolts, and no more.

taking more.

And if any Miller shall presume to take or receive a greater Toll or Fee for grinding or bolting, than is herein allowed him, as aforefaid, he shall forfeit Penalty for and pay the Sum of ten Shillings, for each Time he fhall be convicted of any Breach of this A&: One Half whereof fhall be to the Complainer who shall profecute the fame to effect, and the other Half to the Treafury of the Town where the Offence fhall be committed.

And that there shall be provided for every Grift-Mill within this State, by the Owners of fuch Mills, fealed Measures, viz. One of a Pint, one of a Quart, Mills to be and one of two Quarts, for their toll Measures, with an Inftrument to strike the faid Meatures, which fhall be stricken when Toll is taken of all Grain that toll measures. is brought to Mill ftricken Measure to be ground there.

An Act for the Settlement, Support, and Encouragement of
Minifters; and for the well-ordering Eftates given for the
Support of the Ministry.

Bit

provided with

Power to call

E it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame, That the Inhabitants of any and fettle a Town or Society, conftituted by this Affembly, who are or fhall be prefent at a minifter. Town or Society Meeting, legally warned, fhall have Power by the major Vote of those so met, to call, and fettle a Minifter or Ministers among them, and to provide for his or their Support and Maintenance.

3

Provifo.

Such called,

Provided, That no Person be allowed to Vote in any such Affairs, unless such Person or Perfons have a Freehold in the fame Town or Society, rated at Fifty Shillings, or Forty Pounds in the common Lift, or are Perfons of full Age, and in full Communion with the Church in the faid Town or Society. That the Minifter or Minifters which have been, or fhall be fo called and and fettled to be the minif settled, shall be the Minister or Minifters of fuch Town or Society. ter. And all Agreements which have been, or shall be made by the major Part of the Inhabitants of fuch Town or Society, qualified and met as aforesaid, with Agreements fuch Minifter or Minifters, refpe&ting his or their Settlement and Mainten- made by the ance, fhall be Binding and Obligatory on all the Inhabitants of fuch Town or major part Society fo agreeing and on their Succeffors, according to the true Intents and binding on Purposes thereof.

That the feveral Towns wherein there is but one ecclefiaftical Society, and the feveral Societies aforefaid within this State, fhall pay unto their respective Minifters for the Time being, who difpenfe the Gofpel therein,

the whole.

Regard to be and are, or shall be according to the Laws of this State, fettled or called to had to the fpe- preach among them, annually, the feverat Sums or Payments agreed upon between them, as aforefaid, according to the true Intent and Meaning of fuch Agreements, both for the Specie, and Valuation thereof.

cie and valua tion.

Annual tax

And that all fuch Towns and Societies, by their proper Votes or Acts, shall annually take care to grant a Tax for the Purpose aforefaid, to be levied on to be granted their leveral Inhabitants according to their respective Lift, in the common Lit

Select-men & committees

or Lifts of the Perfons and estates of faid Inhabitants; which shall be collected by fuch Perfon or Perfons as fuch Towns or Societies fhall annually choose and appoint for that End.

And the Select-men of fuch Towns, and the Committee of fuch Societies are hereby required to take all proper Care in their respective Precincts, that to take care, fuch Rates or Taxes be granted and collected, as aforesaid, for the Support of their Minifler.

&c.

To apply to an affiftant or juftice, &c.

Collectors du

dy, &c.

And when any fuch Rate or Tax is granted and made, as aforefaid, the faid Select-men or Committee shall apply to fome Affiftant or Juffice of the Peace in the fame County, for a Writ or Warrant, directed to the Collector or Collec. tors chofen and appointed to collect fuch Rate or Tax, enabling and requiring him or them to levy and collect the fame: Which Allistant, or justice shall forthwith proceed to grant out faid Writ.

And every fuch Collector or Collectors fhall with convenient Speed, levy ty to be fpee- and collect every fach Rate committed to him or them: The whole of which they shall do, and pay unto the faid Minifter or Ministers within two Months after the yearly Salary is become due, for the payment of which fuch Rate or Tax is or fhall be granted.

Provifo.

taken out by

Always provided, That if any Perfon or Perfons fhall be affeffed wrongfully, or more than his or their Proportion, they fhall have Remedy by the County Court of the fame County whereto he or they belong, upon Proof made thereof. Distress against And if at any Time the faid two Months thall be expired, and run out, and negligent col- fach Minifter hath not received his Salary for the Year then paft; the Selectlectors to be men of fuch Town and the Committees of fuch Societies where fuch Neglects fele&mea, &c. or Delays fhall happen, fhail forthwith take out a Diftrefs upon fuch negligent Collector or Collectors who should have collected fuch Rate, directed to the Sheriff of the County, or Constable of the Town, figned by an Affittant or Juftice of the Peace; who are impowered to grant the fame, to levy fuch Part of fuch Rate as then remains unpaid, to fuch Minifter, out of the Eftate of fuch Collector or Collectors; which the faid Sheriff or Conftable fhall forthwith proceed to do, and pay the fame unto fuch Minister.

On neglect of That if any of the Select-men or Committees aforefaid, fhall neglect their felectmen, &c Duty in not taking out a Diftrefs as aforefaid, upon the Collector or Collectors they to pay as aforefaid, fuch Part of the faid Rate remaining unpaid, fhall be paid by fuch the arrearag- Select-men or Committee fo neglecting, together with a Fine of Thres Pounds es, and a fine. to the County Treasury for every fuch Neglecting

How recover. ed.

All which shall be recovered by Action brought by the State's Attorney, to the County Court in the fame County; and no appeal fhall be granted in fuch cafe. Societies negAnd in cafe any fuch Town or Society fhall neglect to choose and appoint a lecting to Collector or Collectors, as aforesaid, any one Affistant or Juftice of the Peace, choofe a col- next refiding to fuch Town or Society fhall, and he is hereby authorized to apRant or juftice point and impower by his Warrant, fuch Collector or Collectors for the Purpofe to appoint &c aforesaid, '

lector, an affi

And where any Town or Society within this State, fhall have made no Where no a. Agreement with their Minifters or Minifter for the Sum of their yearly Maingreement is tenance, and fuch Minifter or Minifters do find him or themselves aggrieved made, gener- by too fcanty Allowance, every fuch Minifter making Application to the al affembly to General Affembly, shall by faid Affembly have ordered unto him or them a

order, &c.

fuitable and fufficient Maintenance to be given him or them by the Inhabitants

of the Town or Society whereto he or they belong.

And that if any Town or Society fhall be for any Year or Years without a Town or fo Minister preaching the Gospel to them, fuch Town or Society fhall in the faid ciety being Year or Years pay fuch Sum or Payment as the General Court fhall appoint, without a miof which Payment or Payments the Collector or Collectors who fhall collect the nifter for a fame fhall make Certificate to the next County Court of that County, which year, &c. to Court hall difpofe of and improve the faid Sums for the Ufe of the Minifty in pay, &c. the Town or Society where it is collected as foon as Opportunity may be had for it according to the Difcretion of the Court.

And whereas there have been divers Grants, Donations, or Sequestrations of Lands, Monies, or other Eftates or Interefts, made for the Ufe and Support of the Miniftry, Jettled and established by the Laws of the State; by Means whereef, in fundry of the Towns and Societies in this State, there are confiderable Eftates belonging to fuch Towns or Societies, for the Uje and Support of the Ministry therein fettled, or that shall be fettled as aforesaid.

And awhereas it is convenient that suitable Provision be made for the taking Care ef, and improving juch Eftates for the End defigned in grasting, giving or jequef tring the fame:

Therefore,

&c.

Be it further Enacted, by the Authority aforesaid, That where there are any Lands, Monies, or other Eftates granted, given, or fequeftred according to antient Cullom, Ulage or Practice, or fhall hereafter be given, granted, or feEftates given queftred for the Ufe and Support of fuch Miniftry in any Town or Society in for the fup. this Sate, then and in every such Cafe, the Select-men for the Time being, of port of minifuch Town where there is but one ecclefiaftical Society; and the Committees fry how to have been, or fhall be improved, for the time being, of fuch Ecclefiaftical Societies, as be Conftituted by this Affembly; or a Committee appointed by fuch Town or Society, (which Committee they are hereby respectively impowered to that End to appoint) shall have full Power and Authority to demand, recover, receive, take care of, and improve all fuch Lands, Monies, or other Eftates, to, and for the Ufe and Support of fuch Miniftry fettled in fuch Town or Society which they refpectively reprefent, according to the true Meaning, Intent and Design in fuch Grants, Donations, or Sequeftrations contained; and for their Improvement thereof, and of the Increase, Profits and Interefts thereof to be accountable from Time to Time to fuch Town or Society as they refpectively represent. And that fuch Select-men and Committee may be enabled the better to do faid Service;

Select-men & Committees to make con

Be it further enacted by the Authority aforefaid, That the Select-men and Committee aforesaid, or the major Part of them, fhall and may make all pro- tracts, &c. per and necessary Contracts, and commence, profecute and purfue all needful Suits, Actions and Caufes in Law, for the Purpose and End aforefaid.

Succeffors

And that fuch Select-men and Committees as fhall from Time to Time fuc- enabled to ceed, and come in the Room and Stead of others removed by Death or other. fue, &c. wife, fhall have the fame Power in their own Names to A&t, appear, prosecute and pursue, in and upon any Contract, Suit, Action or Caufe, for or concerning the Matters aforefaid, as fully as thofe whom they fucceed in the Office aforefaid, might or could do if they had not been removed, as aforefaid.

And whereas divers of the Societies aforejaid, are made, or luch Societies may be bereafter made and conflituted of two or more adjoining Towns, lo that part of the Inhabitants of the Society live in one Town, and part in another.

And whereas by Virtue of the Grants, Donations, or Sequeftrations aforesaid, fuch Part of a Society that live in one of the faid adjoining Towns, have or may baue Lands, Monies, or other Eftates, belonging to that Part diftinet from the reft of the Society, for the Ufe aforefaid.

160

Such parts of focieties as have distinct

intereft, to meet, &c.

And to form themselves a greeable to Law.

To warn

Money.

Be it therefore further Enated by the Authority aforesaid, That fuch parts of Societies having fuch diftinet Interefts, fhall, and may meet among themselves, and from Time to Time act, order, and direct, respecting fuch their distinė Interefts, for the Ufe aforefaid, according to the Provifion before in this Act made for Societies in regard to fuch Interests.

And where any fuch Parts of a Society have not already had any Meeting, or formed themselves, they may, and hereby are directed to take the fame Method in forming themselves as Societies by Law are directed to take, in their first forming themíelves to act: And being formed, may choose a Clerk, who fhall be fworn to a faithful Difcharge of his Truft; and alfo may choose a Committee to take care of and improve the Interefts aforefaid, for the Use aforesaid; who shall have the fame Power and Authority, and be under the fame Regulati on in their faid I rult, as is given and provided by this Act, to, and concerning the Committees of Societies refpecting fuch Interefts.

And the faid Committee of fuch Part of a Society may warn Meetings of the meetings, &c. Inhabitants of fach Parcs, and appoint Time and Place for that Purpose, or on their Neglect or Refufal, the Clerk of fuch Part of a Society, on Application of any five Inhabitants, may warn the fame by setting up a Warning for that Purpofe, in fome proper Place or Places within the limits of fuch part of a Society. In which Meetings the Inhabitants may proceed to act in any Matters proper for

Provifo,

Money fixed, filver at the rate of fix hillings per dollar, gold,

athar, for

five fhillings per dwt.

& four pence

Provido.

them to act in.

Provided always, That no Meeting mentioned in this Act, be held within lefs than five Days after Warning given, or fet up, as aforefaid: and that no Perfon be allowed to vote or act in any Meeting of any Town, Society, or part of a Society, in the Matters aforefaid, not qualified as before in this Act is provided, or that doth not belong to, or pay towards the maintenance of that Miniftry for the Support whereof fuch Interefts have been, or fhall be granted, given, or fequeftred, as aforefaid; any Thing before in this Act to the contrary in any wife notwithstanding.

B

An Act ascertaining the Value of Money.

E it enacted and declared by the Governor, Council and Reprefentatives in General Court affembled, and by the Authority of the fame, That the feveral Sums of Money, that are, or shall be mentioned, fixed, or ftated by the Laws of this State, for Fines, Fees, Penalties, Duties, Bounties, Fares, Forfeitures and the like, (unless fome other Coin or Currency be, or fhall be therein expreffed and fixed) are and fhall be understood and taken to be lawful Money; that is to fay, Gold or Silver Coin, estimating the filver Spanish milled Dollar, weighing not less than feventeen Penny-weight and fix Grains, at Six Shillings each, and all other filver Coin in Proportion thereto, according to its Weight and Fineness; and that all Gold Coin of the fineness of a Half-johan- ' nes, fhall be at the Rate of Five Shillings and Four-pence a Penny-weight, and fo in Proportion according to its Weight and Fineness. And the faid Fines, Fees, Penalties, Daties, Bounties, Fares, Forfeitures, &c. may be anfwered and discharged in filver and gold Coin, at the Rates aforefaid; unless where any particular Law doth or fhall exprefsly order otherwife.

Provided nevertheless, That nothing in this Act is meant or shall be conftrued to interfere with the Right and Power delegated to Congrefs of regulating the Alloy and Value of Coin that may be ftruck by their own Authority, or by that of the refpeclive States; any Thing herein to the contrary notwithstanding..