188 Preamble. Oppreffion. Peace. An Act for punishing and preventing Oppreffion. WHEREAS Oppression is a mischievons Evil, to which Men are prone in their Perfons guil B E it enacted by the Governor, Council, and Representatives, in General Court fion to forfeit &C. affembled, and by the Authority of the jame, That if any Person or Perfons, ty of oppreffuch as Merchants, Shop-Keepers, Traders, Victuallers, or Handy-Crafts-Men as Smiths, Shoe-Makers, Carpenters, Joiners, Taylors, Weavers; or other Trades-Men or Labourers whatsoever, fhall opprefs any Perfon or Perions, by demanding or taking exceflive Wages for Work; or unreasonable. Prices for fuch Wares, Merchandizes, or Commodities as fhall pass from Man to Man, he or they so offending shall forfeit and pay to the Party injured, a Penalty accor ding to the Quality of the Offence, as the Court before whom the conviction fhall be made shall determine ; not exceeding Three-fold the Damage fustained by fuch Oppreffion. Mode of trial Penalty. Cofts. Difturbers of the peace to And for a Mode of Trial and Proceeding therein. Be further enacted by the Authority aforejaid, That when any Perfon or Perfans, fhall make Complaint of Oppreffion done by any other Perfon or Per fons, in any of the Matters aforefaid; the Authority to whom fuch Complaint fhall be made, fhall appoint and call before him or them Two or Three indif ferent, judicious Freeholders, of the fame Town the Perfon is of, who is complained of; who fhall be fworn to give their Judgment and Opinion concerning the Price of fuch Goods, Wares or Commodities fold, or Labour done; and return the fame to faid Authority: Which Judgment and Opinion fhall be the ground of legal Conviction. And where the Penalty doth not exceed the Sum triable by an Affistant or Juftice of the Peace, fuch Authority is hereby impowered to hear and determine the fame: But if the Penalty be above that Sum, the Person offending shall be recognized to appear and anfwer fuch Complaint at the next County Court, which Court fhall hear and determine the fame. And the Offender on. Conviction, shall pay the Cofts of Profecution, befides the Penalty to be awarded, as aforesaid. An A&t against breaking the Peace. E it enacted by the Governor, Council and Representatives in Gaveral Court affembled, and by the Authority of the fame, That whofoever fhall difturb, be punished. or break the Peace, by tumultuous, and offenfive Carriages, threatning, traducing, quarrelling, challenging, affaulting beating, or striking any other Perfon, fuch Perfon or Perfons fo offending, fhall be liable to pay to the Party hurt or flricken, juft Damages; and alfo fhall pay fuch Fine, as on Confideration of the Party fmiting, or been fmitten, and with what Inftrument, Danger, more or lefs, Time, Place, and Provocation fhall be judged juft and reasonable, accord. ing to the Merit of the Offence, as the Judges fhall determine. If the offence be aggravated, to be bound over Negroes, &c. to be whip. And if fuch Offence be aggravated by fome notorious and high-handed Violences, the Offender or Offenders fhall be bound over to the next County Court, to answer for fuch Offence. And whereas Indian, Negro and Molatte Servants and Slaves are very apt to be Turbulent, and often to be quarrelling with white People, to the great diffürbance of the Peace. Be it therefore further enacted by the Authority aforesaid, That if any Indian, Negro or Molatto Servant or Slave, fhall disturb the Peace, as aforefaid, or fhall offer to ftrike any white Person, and be thereof convicted, fuch Servant of Slave shall be punished by Whipping, at the Discretion of the Court, Afsistant fiftant or Juftice that fhall have Cognizance thereof; not exceeding thirty Stripes for one Offence. And that effectual Means may be used for the preferving and promoting of the peaceable Behaviour and good Converfation of the People in this State, and for preventing and fuppreffing what is contrary thereto : Be it further enacted by the Authority afore/aid, That the Surety of the Peace or good Behaviour, as the merit of the Cafe fhall require, may, and fhall be granted by any Affiftant or Juftice of the Peace in this State, against all and e- whom fureAgainft very fuch Perfon and Perfons as by threatning Words, turbulent Behaviour, or ties of the actual Violence, or by any other unlawful Action fhall terrify or difquiet any peace may of the good People of this State; and alfo against Common Barrators, who be granted. frequenily ftir up and maintain Suits at Law in Courts, or Quarrels and Parties in the Country; as alfo againf fuch as invent and fow falfe Reports, whereby Difcord arifeth, or may arife among Neighbours; alfo against such as are of evil Name or Fame, generally, for maintaining or reforting to Houfes fufpected to be Houfes of Bawdry and Incontinency; alfo against Night-walkers, that be of evil Name or Report generally; or uch as eve-drop Men's Houses, or caft Men's Carts into Ponds; or commit other fuch like Mifdemeanors, Outrages or Disorders in the Night Seafon; alfo against idle Perfons, Drunkards, Libellers, and against such like Offenders. And if any fuch Perfon or Perfons shall refufe to give Security for the Peace, On refufal, te or good Behaviour, it fhall be in the Power of any one Affiftant of Juftice of be committed. the Peace, to commit fuch Perfon or Perfons to the common Goal, there to remain till delivered according to Order of Law. Perfons for Be it further enaded by the Authority aforesaid, That if any Perfon fhall abufe any Magiftrate, or Juftice of the Peace, or refift abuse any Sheriff, Constble or other Officer in the Execution of his Office, fuch Perfon or Perions fhail abufing or refind Sureties for the Peace and good Behaviour until the next County Court in fifting civil that County; or on Refufal may be committed to the common Goal, there to officers. remain until the next County Court; which Court fhall take Cognizance of the Wrongs and Abuses done to fuch Officer or Officers, by such Offender or Offenders; and lay fuch Penalty upon him or them (he or they being thereof legally convicted) as the Merit of the Offence fhall deferve, appearing by the Circumstances of the fame, not exceeding Ten Pounds. And for the detecting and punishing of fecret Affault; Be it further enacted by the Authority aforejaid, That if any Perfon fhall, break the Peace by fecretly affaulting, beating, maiming, wounding or hurting another, the Perfon fo affaulted and injured, making Application and Complaint How to prox to the next Affiftant or Justice of the Peace, fhewing him what Hurt or Wounds seed for fuck he has received thereby; fuch Affiftant or Juftice thall forthwith grant out a affaults, &c. Writ to the Sheriff of the County, or his Deputy, or Conflable of the Town. where fuch Affault fhall be made, commanding them, or either of them, to arreft and bring before him fuch Perfon fo afaulting, to answer fuch Complaint; who upon Oath being made against him of fuch Affault, and of the Wouds or Bruifes thereby received by the Perfon affaulted and beaten, fhall be bound in a fufficient Bond with Sureties for his Appearance at the next Coun-ty Court in that County, to answer to the Complaint aforefaid: And in Cafe of Refufal to become bound as aforefaid, fuch Perfon complained of shall be committed to the common Goal of the County, there to remain till the next Seffions of the faid County Court. And if the Perfon fo bound or committed, fhall not on Trial of the Cafe fa tisfy the Court that he was at fome other Place at the Time the faid Afault #was made, and was not the Person who gave it, he fhall be adjudged guilty, 190 To pay da mages in cafe they cannot clear themfelves. trade as a Pedlars. Perjury. and shall be sentenced to pay the Perfon affaulted and injured, all foch Damages as he shall have fuftained by fuch Affault and Beating, or in ca.: faid Damages cannot then be computed, the Offender fhall give Bond with fufficient Surety or Sureties to pay all fuch Damages as fhall be afterwards awarded by faid Court at fome other Seffions to which the Cafe fhall be continued; together with Colts of Profecution: And alfo to pay the Treafurer of the County fuch Fine as the faid Court fhall order; not exceeding the Sum of Twenty Pounds, and stand committed till fuch Sentence is performed. An Act to fupprefs Pedlars, Hawkers and Petty-Chapmen. BE it enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the jame, That no Perfon fhall trade, No perfon to deal and traffick in this State, as a Pedlar, Hawker or Petty-Chapman, upon the Penalty of forfeiting all Goods, Wares and Merchandizes fo by him carried about and offered to fale; one Half to him who shall inform and profecute to effect, the other Half to the State Treasury. pedlar, &c. on forfeiture of his goods. ner fuch goods fhall be feized. Be it further enacted by the Authority aforesaid, That all fuch Goods or Merchandize offered to Sale, as aforefaid, may and fhall be feized by any Perfon to whom the fame are fo offered, or by any other Perfon or Perfons within this In what man- State. And fuch Goods and Merchandize fo feized, fhall forthwith be delivered to next Affiftant or Juftice of the Peace, and an Inventory thereof shall be taken by fuch Affiftant or Juftice, who shall caufe the fame to be appraized by two indifferent judicious Freeholders under Oath, according to their true and juft Value in Money; and faid Goods fo appraized, shall remain in the Hands of faid Affiftant or Justice until final Judgment be had thereon. And the Per fon or Perfons feizing, as aforefaid, mall make Information against fai3 Godės feized as aforefaid, to an Affiftant or Jultice of the Peace in the Town where faid Seizure is made, in Cafe the Value does not exceed forty Shillings; but if it exceed that Sum, then to the next County Court in the County where the Seizure is made: And faid Affiftant, or Juftice of the Peace, or County Court where fuch Information is filed, fhall proceed to hear, try and determine faid Caufe, and are hereby empowered to decree faid Goods forfeit as aforelaid and order the fame to be fold at Public Vendue, and the Avails thereof paid in Manner aforefaid. And the State's Attornies in the several Counties, and all other informing Officers are hereby directed to make Profecution of this Act. Provifo.... Penalty for perjury 2cl. Always provided, That nothing in this A&t fhall be conftrued to hinder any Perfons carrying about and felling Deers Skins, Beaver Furrs and all other the Produce and Manufacturas of this and the Reft of the United States. An Act for the Punishment of Perjury. BE of this State, and the other Moiety to fuch Perfon or Perfons as fhall be griev ed, hindred or molefted by Reafon of any fuch Offence, that fhall fue for the And fix fame by Action of Debt, Bill, Plaint, Information, or otherwife in any Court months imof Record; in the which, no Wages of Law, Effoin, Protection, or Injunction prisonment. to be allowed. And also to have Imprisonment by the Space of fix Months without Bail or Maimprize. And the Oath of fuch Perfon or Perfons fo offending not to be received in any Difqualified Court of Record, until fuch Time as the Judgment given against the faid Per- from being fon or Perfons fhall be reverfed by attaint or otherwife. witneffes. to recover da And upon every fuch Reverfal, the Party aggrieved to fecover his or their Damages againft all and every fuch Perfon and Perfons as did procure the faid Party injured Judgment to reverfed, to be given against them, or any of them, by Action or mages. Actions upon his or their Cafe or Cafes, according to the Courfe of the Common Law. And if it happen the faid Offender or Offenders fo offending, have not any Goods or Chattels to the Value of Twenty Pounds, that then he or they fhall be fet in the Pillory by the Space of one whole Hour, in fome County Town where the Offence was committed, or next adjoining to the Place where the Offence was committed; and to have both his Ears nailed: And from thenceforth to be difcredited and difabled forever, to be worn in any Court of Record, until fuch Time as the Judgment shall be reversed. If any unable to pay, &c. to be fet in the pillory. ordination. And all and every Perfon or Perfons who fhall unlawfully and corruptly procure any Witness or Witnefles by Letters, Rewards, Promifes, or by any other finifter and unlawful Labour or Means whatfoever, to commit any wilful or cor- Like punishrupt Perjury in any Matter or Caufe whatfoever, depending, or that fhall be ment for fubdepending in Suit and Variance, by any Writ, Action, Bill, Complaint or Information in any Court of Record; every fuch Offender being thereof duly convicted or attainted by Law, fhall, for his or their Offence be proceeded against, and fuffer the like Pains, Penalties, Forfeitures and Difability in all Refpects as above-mentioned. An Act concerning Petitions, and Prayers, or Memorials to the General Affembly. BE E it Enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That no Petition, Prayer, or Memorial made or preferred by any Perfon or Perfons whatsoever to the Gene- Adverse party ral Affembly, fhall be heard or confidered by faid Affembly, where any other to be notified, Perfon or Perfons is, or are concerned in the Eftate, Matter, Thing or Things &c. in Controverfy, and have Right to be heard in the fame, unless he or they fo concerned have been fummoned or notified thereof, at leaft twelve Days before the firft Tuesday which fhall be next after the opening of the faid Affembly; and alfo have an attefted Copy of fuch Petition, Prayer or Memorial given or offered to him or them, or left at the Place of his or their usual Abode, at least twelve Days before fuch Tuesday. And that all Summonfes for the adverfe Party to appear and answer to the Time of apfaid Petitions, Prayers, or Memorials shall be for their Appearance on the faid pearance. Tue/day. And that if any Perfon or perfons preferring fuch Petition, Prayer, or Me- To abate for morial in controverfal Matters fhall not appear on Wednesday next after the faid non-appearTuesday to profecute the fame, it fhall abate. ance of petitioner, &c. And if upon Trial of the Cafe in any Petition contained, it doth appear that either the Petitioner or Petitioners, or the Perion or Perfons fummoned to anfwer do, or have given the other Party unjuft Trouble, the Party or Parties Party wrongwronged thall be allowed his or their juft Coft and Damages, as in other Cafes. D d ed to recover coita 192 No petion lies when remedy at law may be had. Provifo. Petition to be lodged before the 8th day of Pleas. And be it further enacted by the Authority aforefaid, that no Petition fhall be prefered to the General Affembly, but in fuch Cafe or Cafes where no other Court is by Law competent to grant Relief. And it is further enacted and provided by the Authority aforesaid, That no Pe tition fhall be preferred to the General Affembly in any Cafe whatever, wherein the Value of the Debt, Damage, or other Matter or Thing about which the Controverfy did arise, does not exceed the Sum of feven Pounds. And that no original Suit for Relief in Equity fhall be preferred to faid Affembly, unless the Value of the Matter or Things in Demand exceeds the Sum of fixteen bun dred Pounds; all Suits of that Kind of Matters of lefs Value, being by Law made triable before the County or Superior Courts. And it is further enacted, That all Memorials wherein no Person or Party is fo concerned or interested as that he need be cited, shall be lodged in the Secretary's Office on or before the eighth Day of the Seffions of that Affembly to the feffions. which they preferred, otherwife they fhall not be heard. Preamble. An Act for ordering and regulating Pleas and Pleadings. FOR preventing unneceffary Charge and Delays in the feveral Courts of Common Pleas in this State; and for the more regular Proceeding in Trials therein. batement to BE it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame, That all Pleas made in Abate ment of Writs or Proceffes in any of the County Courts in this State, fhall be made, heard and determined; and the Iffue in every Case joined, and an Entry thereof made before the Jury is impannelled. be heard, &c. and iffue join. ed before jury is impan nelled. Appeal on abatement, &c. Nihil dicit. And upon every Appeal from a Determination of Pleas made in Abatement of the Writ or Procefs, the Cause shall be referred with the Appeal to the next Superior Court, where the Plea in Abatement shall be finally iflued; and if the Cafe proceed, the Iffue shall there be joined, unless by the Course of the Plead ings there fhall be a Demurer in Law only. And in Cafe any Defendant will not make his Plea or Join Iffue, Judgment fhall be given against him upon a nihil dicit. That the general Iffue of, Not Guilty, nil debet, no Wrong or Diffeifin, or any other general Plea proper to the Action, whereby the whole Declaration is General iffue. put upon Proof, according to the Nature of the Cafe, may be made by the De fendant; under which general Plea the Defendant fhall have Liberty upon Trial of the Cafe on fuch general Iffue to give his Title in Evidence, or any other Matter in his Defence or Juftification as the Nature of the Action may be; excepting only a Discharge from the Plaintiff, or his Accord, or fome other fpecial Matter, whereby the Defendant by the Aft of the Plaintiff is faved or acquitted from the Plaintiff's Demand in the Declaration. And whenfoever any Party fhall fuppofe he has miffed his Plea, whether the General Iffue or Special Plea, which would have faved him in his juft Cause, he fhall have Liberty to alter his Plea; and the oppofite Party fhall have a reasonable Time affigned him for making Answer thereunto: And if the new Plea be found infufficient for the juftifying him that made it, reasonable SatisWhen pleas faction shall be awarded by the Court before which the Trial is, to the other may be a!. Party for the greater Delay which is made thereby ; according to the Intereft lowed. of Money, Rent of Land, or Improvement of any other Thing recovered by the Suit, Provifo. Provided nevertheless, That no Defendant fhall in the Trial of any Caufe, be admitted to demur to the Declaration after he hath pleaded to Iffue, and a Judgment thereon hath been given by any Court; any Thing to the contrary before in this Act notwithstanding. |