Monuments. Mountebanks.

An Act to oblige the feveral Towns on the Poft-Roads, to erect Monuments, fhewing the Distances from the feveral County Towns on faid Roads.

B

161

milestones

Eit Enacted by the Governor, Council and Representatives, in General Court embled and by the Authority of the fame, That it fhall be the Duty of the Select-men Select-men in the feveral Towns, on the feveral Poft-Roads in this State, at the to erect Expence of fuch Town, to erect and keep up Mile Stones, at least two Feet high, on the roads. near the Side of the common travelling Road, marked with the Distances from the County Town of the County where fuch Town lies, according to the Menfuration made by public Order.

neglect in

Be it further enacted, That if the Select-men in fuch Towns, fhall neglect Penalty for to erect fuch Stones, marked as aforefaid, and to keep up the fame for the Space erecting. of one Month after Notice given to them for that purpose, thall pay and forfeit the Sum of Forty Shillings, one Half to him or them who fhail profecute the fame to Effect, the other Half to the Treasury of the Towns where fuch Selectmen belong.

And be it further Enacted, That if any Perfon or Perfons, fhall prefume to pull down, break or deface any fuch Monument or Monuments, or any other Penalty on Monuments for the Direction of Travellers, erected by the Order or Approbati- fuch as pull on of the Select-men, shall incur a Penalty of Forty Shillings; to be recovered down or de by the Select-men of fuch Town where the Offence is committed, for the Ufe of faid Town, by Bill, Plaine, or Information, before any Court proper to try the fame.

An Act for fuppreffing of Mountebanks.

WHERE AS the Practice of Mountebanks, in dealing out and adminiftering Phyfici and Medicine, of unknown Cempofition, indifcriminately to any. Persons, whom they can by fair Words induce to purchase and receive them, without duly confulting, or Opportunity of duly confulting and confidering the Nature and Symptoms of the Dijorder for which, and the Constitution and Circumstances of the Patient or Receiver, to whom they adminifter, bas a Tendency to injure and destroy the Health, Conftitution and Lives of those who receive and uje juch Medicines.

要

And whereas the Practice of Mountebanks, in publicly advertising and giving. Notice of their Skill and Abihiyo cure Dijeajes, and the erecting public Stager and Places from whence to declaim to, and barangue the People on the Virtue and Efficacy of their Medicines; or to exhibit by themjelves or their Dependants, any Plays, Tricks, Jugling or unprofitable Feats of uncommon Dexterity and Agility of Body, tends to draw together great Numbers of People to the Corruption of Man.... ners, Promotion of Idlenes, and the Detriment of good Order and Religion, as well' as to tempt and enfnare them to purchase fuch unwbolejome and oftentimes dangersus Drugs. .00

E it therefore enacted by the Governor, Council and Representatives, in Gene

face monu

ments.

Preamble.

exhibit

г

ral Court affembled, and by the Authority of the lame, That no Mount No mountebank, or Perfon whatsoever under him, fhall exhibit, or caufe to be exhibited on bank, e. any public Stage or Place whatsoever, within this State, any Games, Tricks, publicly to Plays, Jugling, or Feats of uncommon Dexterity and Agility of Body, tending tricks, to no good and ufeful Purposes, but tending to collect together Numbers of Spectators, and gratify vain or ufelefs Curiofity.

Perfons

Nor hall any Mountebank, or Perfon whatfoever under him, at or on any fuch Stage or Place, offer, vend, or otherwife difpofe of, or invite any fo collected, to purchafe or receive any Phyfic, Drugs or Medicine recommended to be efficacious and uteful in various Disorders.

Nor offer

physic for

fale.

162

Penalty of 201.

Informing

officers to make prefentment.

Provifo.

Murder to be

Murder. Navigation.

Be it further enacted by the Authority aforesaid, That if any Perfon or Perfons fhall be guilty of any Breach of this Act, on Conviction thereof before any Court proper to try the fame, every Perfon fo offending fhall forfeit and pay the Sum of Twenty Pounds, for each and every fuch Offence, for the Use of him who fhall fue for, and profecute the fame to Effect, and so toties quoties.

Be it further enacted by the Authority aforefaid, That it fhall be the Duty of all informing Officers, to make Prefentment of all Breaches of this Act; in which Cate the Fine shall belong to the Treafury of the County wherein fuch Conviction is had.

And it further provided, That if any Servant, or any Minor or Apprentice under Age, fhall be guilty of breaking any Paragraph of this Act, on Conviction thereof, his or their Fine or Penalty shall be paid by the Parent, Malter or Guardian, under whofe Direction the fame fhall be committed or done; and that Execution fhall be awarded accordingly.

BE

An Act for the Punishment of Murder,

E it enacted by the Governor, Council and Representatives, in General Court affémbled, and by the Authority of the jame, That if any Périon fhall compunifhed with mit any wilful Murder, upon Malice, Hatred, or Cruelty'; not in a Man's jutt and neceffary Defence; nor by Cafuaity against his Will: Or fhail flay or kill another through Guile, either by Poisoning, or other such atrocious Practices, he thall be put to Death.

death.

Murder of a

And whereas many lewd Women that have been delivered of Bastard Children, to avoid their Shame, and to efcape Punifament, do fecretly bury or conceal the Death of their Children; and after, if the Child be found Dead, the Mother thereof is apt to alledge that the faid Child was born Dead, whereas it fometimes falleth out (although hardly to be proved) that the laid Child or Children were murdered by the faid Women, their lewd Mothers; or by their Affent or Procurement.

Be it further enacted by the Authority aforesaid, That if any Woman be delibastard child vered of any Iffue of her Body, Male or Female, which if it were born alive to be punish- would by Law be a Bastard; and that the endeavours privately, either by ed with death drowning, or fecret burying thereof; or any other Way, either by herself, or by the procurement of others, fo to conceal the Death thereof, that it may not Mode of evi- come to Light whether it was born alive or not but be concealed: In every dence pointed fuch Cafe, the Mother fo offending, fhall be accounted guilty of Murder; and shall fuffer Death therefor as in Cafe of Murder: Except fuch Mother can make Proof by one Witness, (at least) that such Child was born Dead.

out.

Preamble.

An Act for the Regulation of Navigation.

WHEREAS this State, as a free, fovereign and independent State, has an
equal Right with all other fovereign Powers, to the free and undisturbed
Navigation of the High Seas, and to participate equally with them in all the
Immunities, Privileges, Benefits and Advantages accruing thereby, and refult-
ing therefrom, and to exercife a concurrent Jurifdiction thereon; and to make
fuch Laws, and exercife fuch Powers, confiftent with the Laws of Nature and
Nations, as fhall tend to regulate, protect and defend the Subjects and Citizens
of this State in the free Enjoyment thereof.
Wherefore,
BE it enacted by the Governor, Council and Reprefentatives, in General Court
affembled, and by the Authority of the fane, That the Governor of this.

"All commiffi

the marine

State for the Time being, fhall be the Super-Intendant of Marine; and "all Commiffions, Letters of Marque and Reprifal, Paffports, Letters of Safe-Con- c. in duct, Flags of Trace, Registers, and all other Papers and Documents whatfoe- department, ver, relative to the Marine Department, that may iffue out under the Authori- to be figned ty, and agreeable to the Laws of this State, fhall be in his Name, in the Stile of by the goGoverner, and Super-Intendant of Marine for the State of Connecticut. And vernor, &c. all fudges of Admiralty in this State, fhall be commiffioned by the Governor, Judge of adbeing first nominated and appointed by the General Affembly; and all Naval- appointed, Officers fhall be nominated, appointed and commiflioned by the Governor &c. for the Time being, in fuch Districts and at fuch Ports as fhall from Time to Time be ordered and directed by Act of Affembly.

Provided nevertheless, That faid Naval-Officers, or any, or either of them, may at any Time be removed from their Offices by the General Affembly at their Will and Pieafure. And the Governor may likewife nominate, appoint and commiffionate one or more Notary Publics in this State, as the commercial' Interefts thereof may render it neceffary or convenient.

Provifo.

Ports named where naval. offices are to

And be it further enacted by the Authority aforesaid, That there shall be kept at each of the Ports of Nerv-London, New-Haven, Middletown, and Nor- be kept. walk refpectively, one Naval-Officer, who shall be nominated and deputed to faid Office as afcrefaid; and each Officer fo appointed, before he enters upon faid Buhnefs, fhall become bound with futficient Sureties in a Recognizance of one thousand Pounds to the Treasurer of this State for the faithful Discharge of the Duties of faid Office; to enter and clear out Veffels and their Cargoes, and to do and act therein in fuch Way and Manner, and according to fuch Rules and Orders as to fuch, their respective Offices, do or fhall appertain; and for the faithful and punctual payment of all fuch Sum or Sums of Money into the Public Treafury, that he may receive for any Duty or Impoft laid, or which fhall be laid by Act of this State. 13

Provided nevertheless, That if any Naval-Officer shall fail in punctual paying up all the Duties by him collected, or fhall be guilty of any Misfeazance or Provifo. Negligence in Office, upon Complaint and Proof thereof, made to his Excellency the Governor, it shall be the Duty of the Governor, (ex officio) immedi. I ately to difmifs faid Officer from his Office, and to appoint another in his Room and Stead.

And be it further Enacted by the Authority aforefaid, That the Naval-Offæði cers (hall have and receive the several Fees and Allowances as set and affixed ⠀ in the Table of Fees: And it shall be the Duty of faid Naval-Officers refpec→ · tively, to affix up in their Offices in fome public Place, where it may be feen Table of fees and read, a true Copy of the Table of Fees. And if any Officer aforesaid fhall to be fixed up prefume to afk, demand, or receive any more Fees for any Services by them in the office. officially done, than is by Law allowed, fuch Officer fo tranfgreffing, upon Complaint and Proof made thereof to his Excellency the Governor, he shall be removed from said Office, and another put in his Room and Stead.

take out a register.

And be it further enacted by the Authority aforesaid, That all Veffels of the Burthen of fifteen Tons and upwards, fhall each take out a Regifter, wherein Veffels to hall be defcribed the Name of the Veffel, her Defcription, Tonage, the Place where built, and the Time when, Master's Name, with the Names of the Owners, which Owners must be Inhabitants of the United States, and no Foreigner to be directly or indirectly concerned therein: The Form of which Register fhall be as follows, viz.

STATE of CONNECTICUT.

Port of

}

maketh Oath, That the

called the

whereof is at prefent

Form.

Veffels under

15 tons, may take permit.

To make true entry, and

take out

&c.

clearance,

Master, being a square fterned Veffel of the Burthen of Tons or therea-
"bouts, was
at prefent Owner thereof;
and that no Foreigner directly or indirectly hath any Share, or Part or Interest
therein.

PORT OF

The Oath aforefaid was administred at the Naval Office for the Port of of Anno Domini, One thousand seven hundred and Year of our Independence ;

the Day

eighty

, and in the

The foregoing recorded in
The Naval-Office aforesaid.

}

By me

And every Veffel under the Dimenfions aforesaid, instead of a Register, shall and may take out a Permit from the Custom-Houle, figned by the Naval-Officer of the Port in whose District said Vessel belongs, which shall be fufficient for the Purpose of enabling the Mafter or Owner thereof to clear out Coaftwife.

And all Vessels in this State fhall make true Entries, and take out proper Clearances at the refpective Ports of Entry, and Clearance proper for that Purpose, and obferve and obey all fuch Customs, Ruies, Laws and Regulations as have or thall be made relative thereto. And whatever Veffel fhall neglect or refuse to take out and furnish themfelves with the proper Papers aforefaid; upon Seizure and Information made to the Court proper to try the fame, fhall be liable to Condemnation; one Half to the Profecutor who fhall profecute the tion for neg. fame to effect, and the other Half to the Ufe of the public Treasury of this State.

Liable to condemna

left.

An Act for incorparating a Part of the Town of New-Haven.

BE

E it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the jame, That all Freemen of this State, Inhabitants of faid New-Haven, dwelling and inhabiting within the following Bounds, viz. Beginning at the North-East Corner of the Long-Bridge (fo called) in faid New-Haven, and running on the North-Side of faid Bridge and the Highway, so as to take in faid Bridge and Highway to the North-Eaft Corner of the Neck-Bridge; then a-cross the fame on the North-Side of the fame to the North-Weft Corner of faid Bridge; then in a direct Line Weftward to the Bridge a-crofs the Weft-River, commonly called Thompson's Bridge, to the North-Eaft Corner of said Bridge; thence down the faid Weft-River, on the East-Bank thereof, to the Mouth of said River; and from thence a straight Line to the extreme Point of the Land commonly called Five-Mile Point, on the Eaft-Side of New-Haven Harbour at High Water Mark on faid Point; thence Northward on the Shore, on the Line of High Water Mark, up to the Point, where the Waters of the Little-River and the greater Waters, being Part of the Eaft-River, fall into each other; thence across the Mouth of said Little-River to the Eaft-Shore of the East-River; then up faid Eaft-River on the Line of High-Water Mark to the first mentioned Point at the North-East Corner of the Long-Bridge; be, and the fame are hereby Ordained, Conftituted, and Declared to be from Time to Time, and forever hereafter, one Body Corporate and Politic, in Fact, and in Name, by the Name of THE MAYOR, ALDERMEN, COMMON COUNCIL, AND FREEMEN OF THE CITY OF NEW-HAVEN; and that by that Name, they, and their Succeffors forever, shall and may have perpetual Succeffion; and fhall be Perfons in Law, capable of Suing and being Sued, Pleading and being impleaded in all Suits of what Nature foever; and alfo to purchase, hold, and convey any Eftate, real or per

New-Haven City.

fonal, and may have a common Seal, and may change and alter the fame at
Pleafure; and fhall be Freemen of faid City.
And whereas there are many Perfons living within faid Limits. who by Law
are qualified to be Freemen of this State, that have not taken the Oath provided
by Law to be taken by Freemen.

tificate, &c.

Be it enacted, That all fach Perfons, living within faid Limits, who fhall, Perfons livbefore the fecond Monday of February next, procure the major Part of the ing within Select-men of the faid Town of New-Haven, to certify that they are qualified to the city, probe admitted and made free of this State, and fhall after procuring fuch Certifi- curing a cercate, take before fome Affiftant of this State, or Juftice of the Peace within and to be freemen for the County of New-Haven, the Oaths provided by Law for Freemen, fhall of the state to all the Purposes in this Act mentioned, be confidered as Freemen of this and city. State, and Freemen of the faid City of New-Haven.

And for the better Government of faid City:

Annual meet

in office.

Be it further Enacted, That there fhall be a Meeting of faid City holden an- ing to be in nually in June, at fuch Time and Place as by the Bye-Laws of faid City fhall June, for the be directed, for the Purpose of chufing all the annual Officers of faid City; and chuting annupurpose of the annual Officers of faid City chofen at fuch Meeting, fhall continue in Office al Officers. until the Expiration of the Month of June then next, unless others fhall be Continuance fooner chofen and qualified in their Stead. And the faid City in legal Meeting affembled, fhall choofe a Mayor, who To chufe a fhall hold his Office during the Pleasure of the General Affembly; and at their mayor, to annual Meeting fhall chufe four Aldermen, and a Common Council of not more continue in than Twenty, and two Sheriffs out of the Freemen of faid City; all which offi. office during, cers, and all other Officers of faid City, eligible by the Freemen thereof, (the To chufe four Infpectors of Produce excepted) fhall be chofen by Ballot; and on each Ballot aldermen, &c. which is given in, fhall be written the Name of the Perfon for whom the fame Mode of chuis given; and fuch Ballot shall be rolled up, and in the Prefence of the Mayor fing to be by and Aldermen of faid City, or fuch of them as are prefent at fuch Meeting, put, ballot, &c. by the Perfon given the fame, into a Box, which faid City shall provide for that Purpofe; which Box fhall be a close Box, with a Hole of a convenient Size in

&c.

the Lid thereof through which to put in the Ballot. And when the Freemen The box by prefent at any City Meeting, fhall have had reasonable Time to give in their whom openBallot, either of the Sheriffs of faid City, or in the Abfence of both the Sheriffs, ed.

the junior Alderman prefent, in the Prefence of the Mayor and Aldermen, or The mayor fuch of them as are prefent at fuch Meeting, fhall open the faid Box; and the and aldermen, Mayor and Aldermen, or fuch of them as are prefent, fhall open, fort, and count to fort and the Ballots; and the Person who shall have the Majority of the Ballots given count the in, fhall by the Sheriffs, or in their Abfence, by the junior Alderman prefent, who to debe declared to be elected: And no Ballots fhall be received after the Box fhall clare the have been opened.

votes.

choice.

And faid City in legal Meeting affembled, fhall have Power to levy Taxes on The city to the Polls and Eftate within the Limits of faid City, for fuch Purposes as faid have power City fhall think proper; and to chufe a Collector or Collectors, to collect fuch to levy taxes Tax; who fhall, having received a Warrant for that Purpose, figned by the To chufe Mayor, or by one of the Aldermen of faid City, have the fame Power as Col- collector. lettors of the Town Taxes by Law have, and fhall be accountable to the May- whom figned. Warrant by or and Alderman of faid City, in the fame Manner as Collectors of Town Tax- Collectors aces are by Law accountable to the Select-men. And in Cafe any Collector fhall countable and not perform the Truft committed to him, but fhall fail of collecting fuch Rate to whom. according to the Terms of the Warrant committed to him, on Complaint thereof made by the Aldermen of faid City to the Mayor thereof, he fhall iffue Complaint a Warrant under his Hand, directed to either of the Sheriffs of faid City, to being made, deftrain the Sums or Rates neglected by fuch Collector to be collected, or paid, iffue his warout of the Eftate of the Collector.

&c. mayor to

rant, &c.